To analyze the legal arrangements to release someone from a detention center for violating United States immigration laws, one must first consider three possible situations:

In all three cases, individuals can be detained and removed from the country, but employ different strategies to achieve their release, as reviewed by Abogado.com.

Immigrants arrested or detained by immigration have certain rights. However, these rights change if they are arrested or detained at the border or an airport, according to the National Immigration Law Center (NILC).

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Millions of immigrants from around the world have been crossing the U.S.-Mexico border generally illegally lately. Photo: Istock

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If the individual surrendered at the border

If they are stopped crossing the border, they have the option to ask for their parole.

Likewise, these people can apply for asylum if they meet the conditions, and they have one year from their entry into the country to apply for that benefit.

If you are eligible to apply for asylum, you will be issued Form I-589 and undergo an interview to verify your “credible fear” status. When an immigrant arrives at the US border and applies for asylum, a specific process takes place.

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If the person has evaded customs control and is detained after entering the country

People who cross the border and evade customs control do not have the option to apply for parole. However, they can ask for their release on bail.

The competent authority that decides in these cases is not the US Immigration and Customs Enforcement Service (ICE). You must apply for the bond hearing with an immigration judge.

Illegal immigrants can be detained and removed from the country, but employ different strategies to secure their release Photo: Istock

Bond to get out of an immigrant detention center

The judge will determine a reasonable amount as bail in each immigration case, for this he will take into account the ability of the detainee to pay, according to the law the principle must be respected that “no one should be put in prison solely because of his poverty” . as established in the case of Hernandez v. Sessions.

The bail amounts set by the immigration courts are high for the economic conditions of the majority of immigrants who flee their countries in poverty. The average bail amount is $7,500.

Many inmates manage to post bail with the help of family members and non-profit organizations.

It is important to clarify that regardless of the illegal way of entering the country, the government will not assign an immigration lawyer to defend the immigrant in any of the three cases. Immigration laws do not grant this right.

But there are free non-governmental legal aid services to serve immigrants, even though the demand for legal advice is very high and the supply is small.