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Detention Centers At Border - Can People Leave? (1 Viewer)

Joe Bryant

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I have a friend who is admittedly far right. He just posted something on facebook saying

"Is everyone aware that illegal immigrants are NOT being held captive? They are free to return to their country any time they wish."

That's not true is it?

Or is it different for those seeking asylum vs those held for illegally crossing? 

I read on ACLU about posting bail. Is bail required for an asylum seeker?

 
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Thanks. Do you have a link addressing it specifically I can use to send to my friend so it's not just my word vs his?
Not offhand, I will see what I can find, although if you want indirect proof you can't find one interview with someone who voluntary left or was allowed to leave one of these detention facilities (this is why reports of deplorable living conditions is coming from reporters or legislators who visited the facilities).

 
Not offhand, I will see what I can find, although if you want indirect proof you can't find one interview with someone who voluntary left or was allowed to leave one of these detention facilities (this is why reports of deplorable living conditions is coming from reporters or legislators who visited the facilities).
If you can find a reputable link, I'd appreciate it. I've asked him for a link with more info on his statement. 

 
I have a friend who is admittedly far right. He just posted something on facebook saying

"Is everyone aware that illegal immigrants are NOT being held captive? They are free to return to their country any time they wish."

That's not true is it?

Or is it different for those seeking asylum vs those held for illegally crossing? 

I read on ACLU about posting bail. Is bail required for an asylum seeker?
There are a lot of moving pieces in these questions.

1. "Illegal immigrants."  Asylum seekers are not illegal immigrants.  They are availing themselves of a completely legal process.

2. None of them can just walk out of the facility.  They're on U.S. land.  If we just let them go, they would be in the U.S.

3. Certainly I'm sure any asylum seeker willing to sign a document giving up his or her asylum claim would be happily (and quickly) deported.

4. They're in locked cells.  If you're in a locked cell and told you need to sign something in order to leave, you're not free to leave.

5. A bond hearing is required for many asylum seekers, and after that the asylum seeker can leave and enter the U.S. and, in many cases, get a work permit.

6. Things are different for being held for crossing illegally and those seeking asylum, in lots of different ways.

 
I don't have time to be cute. 

Can they leave if they like? Or are they being held captive?
I wasn't trying to be cute. I am quite sure they are free to go back to their own country. The government would like nothing better. But they are NOT free to simply leave and go where they like. Two very different things. 

 
From the Nolo.com article:

Sounds like they set a "bond" that is like a bail. And that's for asylum seekers, right?

Getting the Person Out of Detention While Awaiting Further Action

When someone is in an immigration detention facility, the most important thing to you may be to get the person out. Make sure this is the wise thing to do, however—immigration court proceedings will move much more quickly if the person is detained, and there may be good reasons for getting to see a judge sooner rather than later. Most of the time, however, it’s better to get out of the detention facility and have an immigration judge hear the case later. An immigration lawyer will be able to help with your decision.

If you would like to get the detainee released, the first thing you need to do is find out whether ICE has set a bond. The “bond” is similar to “bail” in the criminal courts. It is an amount of money paid to ICE to guarantee that the detainee will show up for future court dates and obey whatever order the judge ultimately issues. (The money will be returned if the detainee follows through—or forfeited if he or she flees.)

Under the law, some people are not eligible for bond, and must remain in the detention facility until an immigration judge decides whether they should be removed (deported). If the ICE deportation officer tells you that the detainee “has no bond,” ask the officer whether that means the amount of the bond has not been determined yet, or whether it means the detainee is not eligible for bond. If you’re told that the detainee is not eligible for bond, you might want to consult with an immigration lawyer to see whether ICE is correct.

If the detainee is eligible for a bond, ICE will tell you what the amount they want you to pay. If you can’t pay that amount, or if you think it’s too high, you or the detainee’s attorney can make a motion for a “bond hearing.” Every detainee is entitled to a bond hearing to determine whether the detainee can be released or how much the bond should be. You don’t have to wait for your first scheduled court date to have the judge decide about bond—you can ask the court to schedule your bond hearing as soon as possible.

At the bond hearing, the immigration judge may either find that the detainee is subject to mandatory detention, or that the detainee can be released on a bond. If the judge finds that the detainee should be released and ICE has set no bond amount yet, the judge will set a bond amount that must be paid before release. If you are challenging the amount set by ICE, the judge will determine how much the bond will be. The judge will want to know whether the detainee is likely to show up to future immigration court hearings, and whether the detainee would be a danger to the community if released from the detention facility. Be careful about asking the judge to change the bond amount—the judge has the power to lower the amount but also the power to raise the amount if something bad about you comes up during the bond hearing.

The minimum bond amount is set at $1,500 (I.N.A. § 236(a)(2)(A)), but it can go much higher than that, up to $20,000 or more. If you are planning to pay this on the detainee’s behalf, you will need to have legal status in the U.S. and bring photo identification. You may also need to arrange for the person’s pickup—not all detention centers will give them a ride to the nearest bus station or airport.

After the bond hearing, the immigration judge will set a “Master Calendar” hearing date. (Master Calendar means the immigrant and other people are scheduled for court on the same day at the same time.) At the Master Calendar hearing, the immigrant will answer the government’s allegations and request any forms of relief to which he or she may be entitled. If the person claims some form of relief, the judge will set an “Individual Hearing” date. (Individual Hearing means the immigrant’s case is the only one scheduled for that time on that day.)

The entire removal process can take years or it can take a few months, depending on the kind of relief the detainee has available, whether the court docket is crowded, and other factors. That means an immigrant to whom the judge does not allow release on bond can potentially spend a long time in detention—a situation worth avoiding, as described in Living Conditions in Immigration Detention Centers. An attorney may, in such a circumstance, be able to obtain the person’s release by filing what’s called a habeas corpus action in federal court, claiming that such a lengthy detention is unconstitutional.



 
I wasn't trying to be cute. I am quite sure they are free to go back to their own country. The government would like nothing better. But they are NOT free to simply leave and go where they like. Two very different things. 
So they're not being held captive?

Others say they are.

 
There are a lot of moving pieces in these questions.

1. "Illegal immigrants."  Asylum seekers are not illegal immigrants.  They are availing themselves of a completely legal process.

2. None of them can just walk out of the facility.  They're on U.S. land.  If we just let them go, they would be in the U.S.

3. Certainly I'm sure any asylum seeker willing to sign a document giving up his or her asylum claim would be happily (and quickly) deported.

4. They're in locked cells.  If you're in a locked cell and told you need to sign something in order to leave, you're not free to leave.

5. A bond hearing is required for many asylum seekers, and after that the asylum seeker can leave and enter the U.S. and, in many cases, get a work permit.

6. Things are different for being held for crossing illegally and those seeking asylum, in lots of different ways.
Thanks. I had no idea #3 existed. I though they were being held captive and could not leave to go back to where they came in from. 

 
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So they're not being held captive?

Others say they are.
Henry Ford's answer is probably better than mine. I also think the children are not free to go anywhere.

It strikes me that your friends' comment is basically a variation of President Trump's line "if you don't like it, don't come." (in fairness Obama said something very similar.)

 
I wasn't trying to be cute. I am quite sure they are free to go back to their own country. The government would like nothing better. But they are NOT free to simply leave and go where they like. Two very different things. 
Pretty sure they are free to leave and go back to their homeland, jut can`t leave and enter the USA illegally.   Illegals are totally different as they do not check in.

 
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Thanks. I had no idea #3 existed. I though they were being held captive and could not leave to go back to where they came in from. 
wow.  really?  how would we justify holding them in that case?  they haven't done anything wrong.

 
They are held in detention centers because they came here illegally.
I don't think that's correct.

The people claiming asylum are being detained. They didn't do anything illegal. 

Now there may be some people in the detention center who did try to enter illegally. 

It's my understanding though that they are not held, but deported and sent back to Mexico. 

 
I don't think that's correct.

The people claiming asylum are being detained. They didn't do anything illegal. 

Now there may be some people in the detention center who did try to enter illegally. 

It's my understanding though that they are not held, but deported and sent back to Mexico. 
I believe some being held are seeking asylum and I think others are held as well until they can deport them. I really wish this could get solved and not have this mess going on.

 
Would your #3 still apply to asylum seekers who cross the border illegally?
Probably.  If you're seeking asylum, it's not allowed under international law and domestic law to prosecute you for crossing illegally.  So I would imagine that non-prosecution would also be part of signing away your asylum rights.

 
Your friend is correct.  They can give up their asylum claim and get deported back to their home country.  They aren’t free to just walk into the US though.

 
Your friend is correct.  They can give up their asylum claim and get deported back to their home country.  They aren’t free to just walk into the US though.
Also, I don’t think it would go over very well if you asked a Maryland police officer if you were being detained and he said “no, you’re not. If you sign this paper, in only a few hours or days we will let you out of this locked cell and fly you to Michigan and you can never return here. See? You’re free to go.”

 
Those that are being detained are in fact being detained because they are here illegally, not seeking asylum. And yes, they are free to leave any time they wish. What the people saying "no they can't, they can't just waltz out of the facility and go" fail to realize is they are simply arguing the semantics of what that means. They fail to realize that they're just admitting that yes, those detained can leave.

 

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