What happens after a non-citizen is arrested on a suspected immigration law violation?
Upon arrest for an alleged immigration law violation, a non-citizen should be examined “without unnecessary delay” by an immigration officer on his or her right to enter or remain in the United States. The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking the person before another officer will cause unnecessary delay. If the examining officer finds prima facie evidence that the person arrested has violated the immigration laws, then the officer will place the non-citizen in removal proceedings or institute expedited removal, if applicable.
