Upon arrest for an alleged immigration violation, a non citizen should be examined “without unnecessary delay” by an immigration officer on his or her right to enter or remain in die United States. The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking die individual before another officer will cause unnecessary delay If the examining officer finds prima facie evidence that die person arrested has violated immigration laws, then the officer will place the non-citizen in removal proceedings or institute expedited removal, if applicable.
If ICE initiates removal proceedings, it should notify the non-citizen of the reasons for his or her arrest. The examining officer also should inform the non-citizen of the right to counsel at no expense to the government and provide a list of free legal service providers. The officer also should warn the person that any statement made “may be used against him or her in a subsequent proceeding. “
ICE may hold a non-citizen arrested without a warrant for 48 hours, or longer “in the event of emergency or other extraordinary circumstance. ” On or before the conclusion of this period ICE must determine if this individual will continue to be detained or released on bond or on his/her own recognizance. It also must decide whether to issue a Notice to Appear (NTA) and an arrest warrant.