Asian Journal- The Filipino-American Community Newspaper

THE Department of Homeland Security reports a significant increase in detentions, execution of existing deportation orders and placing of people in removal proceedings. (Deportation in Immigration Court) The number of persons detained and placed into proceedings has risen from 200,000 annually in 2007 approximately 300,000 detention and removal cases in 2008 and appears to have increased for 2009 again.

This dramatic increase in detentions puts enormous strain on the Department of Homeland Security and in particular the department of Immigration Customs and Enforcement or "ICE". Immigration attorneys report that persons who are detained in the Los Angeles or Orange County areas are being detained in a number of far flung facilities, some as far away as New Mexico and El Paso, Texas. Normally where a bond hearing might take place at office in Downtown Los Angeles or Lancaster now see detentions taking place in Eloy, Arizona or El Paso, Texas for the simple reason that DHS is running out of beds in local facilities. It is estimated that DHS is housing 32,000 detainees on a daily basis.

The shortage of secure bed space at local jails or federal facilities has even led the Agency to explore alternative detention methods such as electronic ankle bracelets, residential facilities or converted hotels. Special challenges are presented to the agency when it comes to the issue of detention of women, families, or persons with serious medical conditions in a way that is safe and humane.

If a loved one calls you from lock-up there are a number of things you can do to be of assistance to them. First it is important to determine the reason the individual is being held. Persons may be detained for a number of reasons including, work-site arrests, re-instatement of an old deportation order, commission of a crime that renders one "removable" or detention upon entry into the United States.

Second you need to obtain the name and contact number of the "DRO" or Detention and Removal Officer. This person is a crucial contact for making sure that the detention facility is providing adequate medical care and attention to the safety of your loved one. The DRO is also the primary contact in the event that an application for stay of removal, request for bond hearing application for extension of time for deportation or other relief is being sought.

Third a competent immigration attorney should be contacted immediately with this information and all available documentation of this person’s citizenship, resident status, pending applications, appeals or other pertinent information. Department of Homeland Security does make mistakes and cases of U.S. born citizens being detained and removed from the United States have been documented. It is no surprise then that persons with approved stays of deportation, pending appeals or other circumstances which would allow them to remain in the U.S. have been removed.

Fourth once DRO’s are contacted and it is confirmed that the person cannot be released without a bond hearing, motions for bond and where required change of venue to bring persons back to the Los Angeles Area should be filed. Diligence, communication with detention officers and a knowledge of the detention and removal procedures are key to secure the release of a loved one.

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Robert J. DuPont is an attorney with the law firm of Wilner & O’Reilly. Mr. DuPont is admitted to the California Supreme Court, and Federal District Courts in the Central and Northern Districts of California as well as the 9th Circuit Court of Appeals. Mr. DuPont is a regular speaker with ILW, and past chairman of the Immigration Law Committee with the Beverly Hills Bar Association. Mr. DuPont has risen to prominence with a 10 year practice in the field of immigration law as well as influencing Department of State and USCIS practices and policies through Federal District Court litigation including a Ninth Circuit Court of Appeals decision on V-Visas eliminating age-out of minor V-visa recipients.

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( Published October 10, 2009 in Asian Journal Los Angeles p. C3 )