NOTICÍAS DE
ABOGADO PABLO
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Family Immigration Newsletter | Urgent Community Alert
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We are writing this newsletter because we are seeing a devastating and preventable situation play out in our community with alarming frequency. A family member — your spouse, your parent, your sibling — gets pulled over on their way to work. Maybe they don't have a license. It seems minor. They get arrested, and you think: "Just pay the bond and bring them home."
Please — stop. Read this entire newsletter before you do anything.
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HOW A TRAFFIC ARREST BECOMES AN IMMIGRATION EMERGENCY
When police arrest someone, fingerprints are entered into national databases. ICE reviews these to identify non-citizens. If ICE believes a person lacks valid legal status, it places a "detainer" — requesting the jail hold the person up to 48 hours after they'd otherwise be released, so ICE can take them into federal custody.
What an ICE detainer is — and isn't:
- It is not a deportation order
- It is not a Notice to Appear (NTA)
- It is a request that will likely result in transfer
to ICE custody, where a legal determination about deportation or relief
will then be made
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THE TRAP: WHY PAYING THE CRIMINAL BOND IS DANGEROUS
Even if you pay the criminal bond, your loved one will NOT come home. Instead, they'll be transferred directly to ICE detention.
Then it becomes a legal avalanche:
- They miss their criminal court date → the judge issues a failure-to-appear warrant
- That warrant makes them look like a flight risk, can prevent future
bond, and may bar them from ever legally returning to the U.S.
- The criminal case does not disappear — it stays pending indefinitely
- The open warrant and missed court date are then used against them in immigration court
- A plea taken without understanding immigration consequences can
destroy their chances of winning a removal hearing or obtaining
immigration bond
In 2026, the enforcement environment is unlike anything we've seen before — with official no-release policies, expanded mandatory detention, and only high-level officials able to approve humanitarian releases. Getting a client back from ICE detention to attend state court is extremely difficult.
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WHAT YOU AND YOUR FAMILY SHOULD DO — RIGHT NOW
Step 1: Do NOT pay the criminal bond without speaking to an immigration attorney first.
Paying bond triggers immediate transfer to ICE. That decision may also affect your ability to obtain bond in immigration court later.
Step 2: Call an immigration attorney AND a criminal defense attorney immediately.
In some cases, remaining in local criminal custody — counterintuitive as it seems — is the more strategic choice. It keeps your loved one closer to family and legal counsel, and out of a potentially distant ICE detention facility.
Step 3: Gather and protect all immigration documents.
Passports with visas, entry stamps, and any documents given at the border should be secured and accessible. These can support a bond argument.
Step 4: Know your rights.
- You have the right to remain silent. Do not tell ICE where you were born, how you entered, or your legal status. Say: "I choose to remain silent. I want to speak with my attorney."
- You have the right to know how any plea could affect your immigration status before deciding how to plead.
Step 5: Have a family safety plan before something happens.
Designate who will care for children or dependents. Connect with an immigration lawyer before a crisis occurs — the government does not provide one in immigration court.
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HOW OUR FIRM CAN HELP
If your family member has an ICE hold, time is critical — the 48-hour window begins the moment they'd otherwise be released. Our attorneys specialize in removal defense and work hand-in-hand with criminal defense counsel to:
✔ Evaluate the ICE detainer for legal defects
✔ Counsel you before any bond is paid
✔ Protect your pending family petition or green card case
✔ Coordinate criminal and immigration strategy to minimize harm
Don't wait - Schedule a consultation today.
(317) 237-7911
https://gresksingleton.com/
Emergency consultations available — we understand time is of the essence.
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Gresk & Singleton, P. C.Indianapolis | Goshen | Fort Wayne, Indiana
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