What to Do if Your Client is Detained by ICE
Step One:
If your client is arrested while an immigration case is pending, he has a right to be produced in court. An open criminal case will negatively affect a bail/bond determination and/or eligibility for defense to removal. Under CPL 30.30(4)(e), time is excluded from speedy trial calculations where a defendant is incarcerated in another jurisdiction, provided that the district attorney is aware of such detention and has been diligent in making reasonable efforts to obtain the presence of the defendant for trial.
Step Two:
Locate your client on the ICE Detainee Locator database. You will need your client's full name, country of birth, and date of birth; or your client's A# and country of birth. Print proof of custody for your records.
Step Three:
Step Four:
If you are unable to locate your client on the ICE Detainee Locator database, contact our office.
Write a letter to the DA demanding that they obtain a writ of habeas corpus ad prosequendum pursuant to CPL 580.30 to produce your client in court. See p. 11 of IDP's Guide to Representing Clients Detained by ICE.