State Counsel for Offenders

Immigration Section

This section assists indigent offenders with appearances in Immigration Court or with any questions concerning immigration. The following services are provided: (Note: The new name for deportation is removal.)

Removal Proceedings – The removal process starts when a detainer is lodged against an offender. This means that Immigration and Customs Enforcement (ICE), formerly the Immigration and Naturalization Service, is investigating. If that investigation shows that the offender is removable, a Notice to Appear (NTA) is issued. The NTA is the charging document stating the reasons an offender is removable and the law authorizing the removal. An attorney will interview the offender prior to the court appearance to explain the process. The offender may decide to accept removal, proceed to a hearing, or ask for a continuance. The Immigration Attorney may represent the offender at the hearing if the offender has relief from removal.

Prisoner Exchange - An offender may request to participate in the Prisoner Exchange Program if his country is a treaty signatory. If granted, the offender will be allowed to serve his remaining sentence in his own country.

Miscellaneous Questions - If an offender has any question about immigration issues, whether they have been served or not, they may write to the Immigration Section for assistance.