Can Clerical Errors in ICE Detention Records Help Get My Loved One Released
My inmate is in an ICE detention center; he was transferred there from the local County jail. The ICE facility has his name spelled incorrectly and his DOB is also incorrect. Isn't there a way I can leverage that to bring my inmate home?
Clerical errors such as a misspelled name or incorrect date of birth in ICE detention records can sometimes be used as the basis for a legal challenge, but they rarely result in automatic release. It is important to understand what these errors can and cannot do before building your hopes around them.
What they can do is provide grounds to challenge the validity of an ICE detainer or to argue for a bond hearing. An attorney who specializes in immigration detention cases can use documented discrepancies in records to question whether the correct person is being held and whether proper procedures were followed during the transfer from county jail to ICE custody.
The most effective legal tool in this situation is a habeas corpus petition, which challenges the lawfulness of the detention itself. An immigration attorney experienced in habeas corpus petitions or bond hearings would be your best starting point.
Document everything now. Photograph or screenshot any records showing the misspelled name and incorrect date of birth before they are corrected. Once ICE fixes the errors the documentation of those discrepancies becomes harder to obtain and harder to use.
Time matters in ICE detention cases. The sooner you consult with a qualified immigration attorney the more options you are likely to have.
My situation is different — ask your own question.
Our advisors answer within 24 hours. Free, always. Former federal and state inmates with direct experience.