By: Ugo Ugeh, Attorney at Law
How An Arrest For A Minor Crime Can Lead To Mandatory Detention By ICE
Historically, the Immigration and Nationality Act (INA) has always provided opportunities for illegal aliens who are present and detained in the United States to be released on bond. Section 236 of the INA, 8 USC §1226 which is applicable to aliens in general, provides that “.. On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. It also permits the Attorney General to release detained aliens on bond of at least $1,500.”
However, there are certain aliens who must be detained without bond. An alien who has committed one of the crimes enumerated in 8 USC §1226(c) is not bond eligible and is subject to Mandatory Detention. Here is a quick rundown of the crimes listed under that statute. Crimes of Moral Turpitude (CIMTs) Controlled Substance Offenses Multiple Criminal Convictions Aggravated Felonies High-Speed Flight from an Immigration Checkpoint Firearm Offenses Espionage, Sabotage, or Treason
In January 2025, President Trump signed the Laken Riley Act into law. This new law expanded the Mandatory detention statute by adding new bases for ineligibility for bond. The Laken Riley Act applies to aliens who have been “charged with, arrested for, convicted of, or admit having committed” a list of crimes such as.. Burglary, theft, larceny, shoplifting, or assaulting of a law enforcement officer..
Based on the expansion of the mandatory detention rules by the Laken Riley Act, an illegal alien charged with the above crimes may be detained by ICE without even the opportunity to have a bond hearing.
If this new law affects you or anyone you know, then you need to speak to an attorney who is experienced with Immigration and Criminal Law practice. At the Law Office of Ugo Ugeh, PC., we are available to assist you in navigating through this very complicated area of law. We can be reached at 718-710–2207, or via email at attorney@ugehlaw.com
Ugo C. Ugeh, Attorney at law