Criminal Mexican Arrested Re-entering US after Deportation by US Marshall

Why would an illegal immigrant be detained with the US Marshals instead of ICE?

Asked about 1 year ago - Houston, TX

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My brother in law does have a criminal record here in houston tx. The charges were DUI, Drugs, Theft, and domestic violence. He served a year in TDCJ for theft and then was deported. He recently was caught crossing the border illegally and is currently in custody with the US Marshals. Is his past record the reason he is there instead of in ICE? Thank you!

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ATTORNEY ANSWERS (4)

1. Licensed in TX

   

   Alejandro GarciaPRO

   Immigration Attorney - San Antonio, TX

   Contributor Level 14

   

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   Answered about a year ago. Illegal reentry after a deportation is a federal felony. They might be prosecuting for that crime.

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2. 

   Wendy Barlow

   Immigration Attorney - New York, NY

   Contributor Level 20

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   Answered about a year ago. Your brother-in-law is likely in the custody of the U.S. Marshals pending criminal prosecution. Illegal re-entry is a criminal offense punishable by jail time and/or fine.