Illegal Immigrant Crimes
If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.
This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.
When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.