Handling Deportation Defense and Procuring Release from ICE Custody

In Florida, how does the deportation process work?

Deportation in Florida, as in the rest of the United States, is a process that involves the removal of non-citizens who have violated immigration laws. In business-focused immigration law, deportation can affect foreign nationals who are entrepreneurs, investors, or employees of a U.S. company.

Deportation proceedings typically start with a Notice to Appear (NTA) issued by Immigration and Customs Enforcement (ICE) or another immigration agency, which outlines the reasons for removal. An immigration judge then conducts a hearing to determine if the individual is removable. For example, under Florida and federal law, foreign investors could face deportation if they fail to maintain their investment or violate the terms of their visa.

Need an immigration advocate? Schedule your consultation today with a top business immigration law attorney.

In Florida, which laws and regulations apply to deportation defense and procuring release from ICE custody?

The deportation process in Florida follows federal laws and regulations, such as the Immigration and Nationality Act (INA). To defend against deportation and procure release from ICE custody, individuals can explore various forms of relief, including asylum, cancellation of removal, adjustment of status, or waivers of inadmissibility.

Additionally, detainees may request a bond hearing to secure their release from custody while their case is pending. Legal representation is crucial for navigating the complex web of federal laws and regulations involved in deportation defense and securing release from ICE custody.

What are the strategic benefits of handling deportation defense and procuring release from ICE custody?

Effective navigation of immigration law enables the following for businesses:

• Preserving the workforce: Preventing the deportation of skilled employees allows businesses to maintain their workforce and retain valuable human resources.
• Maintaining business continuity: Deportation of crucial personnel can disrupt a company’s operations. Successfully defending against deportation and securing release from ICE custody helps to minimize disruption and maintain business continuity.
• Enhancing company reputation: Companies that support their employees facing deportation proceedings can demonstrate their commitment to their workforce, leading to a positive company reputation.
• Attracting global talent: A company known for providing legal support to its employees in immigration matters will likely attract and retain highly skilled international talent.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

How should counsel handle deportation defense and procure release from ICE custody?

Advocates should consider the following:

• Review relevant laws and regulations: Counsel should have a thorough understanding of federal and Florida immigration laws, policies, and procedures, as well as the specific facts of the case.
• Gather and analyze evidence: Collecting evidence that supports the client’s case, such as proof of employment, business investment, or family ties, is critical in building a strong defense.
• Develop a legal strategy: Based on the evidence and applicable laws, counsel should formulate a legal strategy tailored to the client’s circumstances.
• Communicate with ICE and other relevant agencies: Establishing a line of communication with ICE and other government agencies can facilitate the release from ICE custody and ensure that the client’s rights are protected.
• Prepare and present the case: Counsel must prepare all necessary documents and present the case effectively before an immigration judge, emphasizing the client’s ties to the community, contributions to the economy, and other factors that support their right to remain in the United States.
• Monitor the case and advise on further actions: Throughout the process, counsel should keep the client informed of case developments and advise on any additional steps necessary to secure a favorable outcome.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. Can a foreign entrepreneur or investor be deported for failing to maintain their investment?

Yes, a foreign entrepreneur or investor may face deportation if they fail to maintain their investment or violate the terms of their visa, according to the INA and other federal regulations.

2. How can a foreign national in Florida defend against deportation?

A foreign national can defend against deportation by exploring various forms of relief, including asylum, cancellation of removal, adjustment of status, or waivers of inadmissibility.

3. Can someone in ICE custody request a bond hearing to secure their release?

Yes, detainees can request a bond hearing to secure their release from ICE custody while their case is pending.

Have more questions about how immigration law may impact your business?

Crucially, this overview of handling deportation defense and procuring release from ICE custody does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.