Immigration Detention

Your Legal Rights and How Thompson Law Advocates Can Help

Immigration detention is one of the most severe forms of civil confinement permitted under U.S. law. People from all walks of life — longtime green card holders, asylum seekers, refugees, students, and visa holders — may find themselves placed in ICE custody, sometimes with little warning and no immediate access to counsel.

At Thompson Law Advocates, led by seasoned attorney Peter Thompson, we understand how urgent and traumatic immigration detention can be for families. We offer strategic, attentive legal representation for detained individuals across Pennsylvania and beyond, guiding our clients through bond hearings, removal proceedings, and complex legal defenses grounded in decades of litigation experience.

Understanding Immigration Detention: A Legal and Practical Overview

Immigration detention refers to the confinement of non-citizens by U.S. Immigration and Customs Enforcement (ICE) for purposes of enforcing immigration laws. Unlike criminal incarceration, immigration detention is technically civil. Yet in practice, it closely resembles — and sometimes exceeds — the severity of criminal detention.

People are typically held in:

• ICE-operated detention facilities
• County jails under contract with ICE
• Private for-profit facilities

While conditions and oversight vary, many immigration detention centers have been widely criticized for overcrowding, medical neglect, and isolation from legal resources.

Who Can Be Detained?

Non-citizens may be detained for any of the following reasons:

• Pending deportation (removal) proceedings
• Prior deportation orders
• Criminal convictions
• Visa overstays
• Border apprehensions without proper documents

Notably, many detainees have no criminal history and are longtime residents with deep U.S. ties. Even lawful permanent residents can be detained if ICE initiates removal based on certain criminal offenses or alleged fraud.

Key Statutes and Case Law Governing Immigration Detention

Immigration detention is authorized under several provisions of the Immigration and Nationality Act (INA), including:

INA § 236(a) – Discretionary Detention

This allows ICE to detain non-citizens during removal proceedings. Individuals detained under § 236(a) are eligible for a bond hearing before an immigration judge, who can grant release if the individual is not a flight risk or danger to the community.

INA § 236(c) – Mandatory Detention

This provision mandates detention without bond for non-citizens with certain criminal convictions (including drug offenses, crimes involving moral turpitude, and aggravated felonies). These individuals are often ineligible for bond hearings, but there are exceptions based on timing and eligibility for relief.

INA § 241 – Post-Removal Detention

After a final order of removal, ICE can detain individuals while arranging deportation. However, under Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court ruled that post-removal detention is unconstitutional beyond six months if removal is not reasonably foreseeable.

Padilla v. Kentucky, 559 U.S. 356 (2010)

This case affirmed that criminal defense attorneys must advise non-citizen clients of immigration consequences, reflecting the deep connection between criminal and immigration law.

Legal Challenges Faced by Detainees

Detained immigrants often face multiple systemic barriers:

1. No Right to Appointed Counsel

Unlike in criminal cases, immigration detainees have no constitutional right to a government-appointed attorney. This leaves many unrepresented, especially those who do not speak English or are unfamiliar with U.S. law.

2. Remote and Isolated Facilities

ICE facilities are often in remote areas, making it difficult for family and lawyers to visit. Phone access is also restricted, compounding the problem.

3. Mental and Physical Health Issues

Many detainees suffer from untreated health conditions exacerbated by confinement. Legal advocacy is often the only mechanism to secure medical attention or humane treatment.

4. Family Separation

Parents, spouses, and children are frequently separated, often for months or years, creating profound emotional and financial hardship.

How Thompson Law Advocates Supports Detained Clients

At Thompson Law Advocates, we provide comprehensive legal services to detained immigrants. Our advocacy includes the following core areas:

Bond Hearings and Release Advocacy

We file requests for bond hearings and advocate for reasonable release terms, using documentation such as:

• Proof of U.S. residence
• Letters from family and employers
• Evidence of rehabilitation
• Lack of flight risk or danger

If a detainee is denied bond, we may file custody redetermination motions, especially if circumstances change (e.g., prolonged detention or new eligibility for relief).

Challenging Mandatory Detention

We carefully analyze whether so-called “mandatory detention” actually applies. In some cases, ICE’s application of INA § 236(c) is unlawful, and we challenge such detentions in immigration court or federal habeas proceedings.

Removal Defense

We prepare and litigate:

• Cancellation of removal
• Adjustment of status
• Asylum and withholding of removal
• CAT (Convention Against Torture) protection
• Waivers for criminal or fraud-based grounds

Our approach is thorough and individualized, drawing on deep experience with both trial and appellate immigration advocacy.

Federal Habeas Corpus Petitions

When clients are detained indefinitely or unlawfully, we file habeas corpus petitions in federal court, arguing constitutional violations or statutory misapplication. We have successfully litigated cases involving:

• Prolonged detention without bond
• Unlawful denial of custody redetermination
• Improper classification under INA § 236(c)

Our Legal Philosophy and Leadership

Attorney Peter Thompson brings over 25 years of experience in trial and appellate immigration law. Before founding Thompson Law Advocates, P.C., he led the Defender’s Immigration Project in Philadelphia, working at the intersection of criminal and immigration law.

Peter Thompson has:

• Taught at Temple University and Rutgers Law School
• Lectured for the American Immigration Lawyers Association (AILA)
• Advised public defenders and judges on removal consequences of convictions
• Litigated cases in immigration courts, the Board of Immigration Appeals (BIA), and federal district and appellate courts

Our firm’s approach is grounded in thorough analysis, compassionate client care, and strong legal strategy.

Frequently Asked Questions (FAQs)

Can I be detained if I have a green card?
Yes. Lawful permanent residents can be detained and placed in removal proceedings for certain criminal convictions, fraud, or extended time outside the U.S.

How long can ICE detain someone?
While there’s no strict limit during proceedings, detention over six months after a final order (post-removal) may be unlawful under Zadvydas v. Davis.

Can my family attend my bond hearing?
Yes, family members may attend bond hearings, and their letters and in-person presence can support a strong release case.

What if ICE says I’m not eligible for bond?
We can review your case to challenge the legal basis for that decision, possibly via a habeas petition or custody redetermination motion.

Contact Us

If you or someone you love is in ICE custody, contact Thompson Law Advocates, P.C. immediately. Time is critical in immigration detention cases. We provide honest, attentive legal advice and courtroom advocacy tailored to your specific case.

Let us help you navigate the complex world of immigration detention with the care and determination your case deserves.