Criminal Arrest Is Often the First Step Toward Deportation
For undocumented immigrants living in Kentucky, any criminal arrest carries immediate immigration risk. Jails throughout the Commonwealth — including Louisville Metro Department of Corrections, Fayette County Detention Center, and county jails statewide — regularly process ICE detainers on undocumented inmates, setting in motion the federal deportation process. Whether you are in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris provides criminal defense for undocumented clients with full awareness of the immigration stakes.
How the Process Works
When an undocumented person is arrested in Kentucky, the jail’s booking process typically includes fingerprinting through federal databases, which flags the individual to ICE. ICE may then issue a Form I-247 detainer requesting that the jail hold the person for up to 48 hours beyond when they would otherwise be released, allowing ICE to take custody. While ICE detainers are technically voluntary requests, Kentucky jails generally comply.
The Criminal Case and the Immigration Case
Two separate processes now run simultaneously. The criminal case proceeds in state or federal court with the normal criminal procedures. The immigration case proceeds separately — if ICE takes custody, the person is placed in removal proceedings before the Executive Office for Immigration Review. Resolving one case does not resolve the other.
Bond and Release Considerations
When an undocumented defendant is arrested, the state criminal bond process proceeds normally, but posting state bond doesn’t secure release if ICE has issued a detainer. Even after posting state bond, the person is typically transferred to ICE custody rather than released.
In ICE custody, many detainees are eligible for a bond hearing before an immigration judge. Some, however, are subject to mandatory detention under INA § 236(c) based on the specific criminal charges or convictions. Mandatory detention applies to many categories of criminal grounds for removability, making bond unavailable regardless of individual circumstances.
Forms of Relief From Removal
Undocumented immigrants placed in removal proceedings may be eligible for various forms of relief:
- Non-LPR cancellation of removal: Available under INA § 240A(b) to non-permanent residents who have 10 years of continuous physical presence, good moral character during that period, no disqualifying convictions, and can show exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.
- Asylum and withholding of removal: Available to those who fear persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group.
- Adjustment of status: Available in limited circumstances for those with approved family or employment petitions.
- Voluntary departure: Not technically relief, but avoids formal removal order and its consequences.
Criminal Defense Priorities
For undocumented defendants, criminal defense strategy focuses on minimizing the immigration consequences. Key priorities include avoiding aggravated felony convictions (which eliminate most forms of relief), avoiding CIMT convictions (which can disqualify for cancellation of removal based on good moral character), avoiding controlled substance convictions, and preserving eligibility for any pending or potential immigration relief.
Pretrial diversion programs under KRS 533.250 can be particularly valuable — though immigration law’s definition of “conviction” can still capture some diverted cases depending on the specific program requirements.
Contact Clark + Harris for Undocumented Client Defense
If you or a loved one is undocumented and has been arrested in Kentucky, Clark + Harris provides the criminal defense you need — with full attention to the immigration case that is about to begin.
Call 859-474-0001 today for a strictly confidential consultation.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- What Is an Aggravated Felony Under Immigration Law?
- The Categorical Approach in Immigration Cases
- Green Card Holders Facing Criminal Charges in Kentucky
- DACA Recipients Facing Criminal Charges in Kentucky
- H-1B Visa Holders Facing Criminal Cases in Kentucky