With regards to non-citizens in pre-trial proceedings facing conviction and likely incarceration, the U.S. has treaties in place with many nations offering a non-citizen the opportunity (if eligible) to serve their sentence within their home country.  It is an intricate process that requires diligence in terms of paperwork and the bureaucracies involved.  JAG is quite familiar with these procedures and works closely with both the DOJ and BOP to expedite the processing of treaty transfer approvals when applicable.  The entire sequential manner of having a treaty transfer approved could take as long as a year generally.  JAG works ardently with the government agencies involved to streamline approval procedures so a client can be close to their home, family and loved ones during the period of incarceration.

USDOJ: CRM: OEO: International Prisoner Transfer Program: How the Program Works

An incarcerated non-citizen facing eventual deportation is further subject to ICE detention following the completion of their sentence in the U.S.  Meaning, after serving their entire sentence, they would be held for as long as six additional months (possibly more depending on their country of origin) as the process of deportation via ICE and the home country government is finalized.  It is a difficult circumstance to be incarcerated for such a significant additional period of time beyond the actual sentence imposed by the court, in what are often regional or county jails contracted by ICE in proximity to a U.S. departure point.  The information just below is quite revealing in terms of the unfortunate reasons as to why this occurs.  JAG will work closely with ICE and even home country authorities in these circumstances to expedite matters required and have this process completed as quickly as possible, so a client may return home at the earliest date available with the approval of authorities involved.

Congress’s Illegal-Immigration Detention Quota Costs $2 Billion a Year

For assistance with international treaty transfers contact Joel Sickler and the Justice Advocacy Group today.