ICE Arrests Philippine Citizen for Election Fraud
What happens when an immigrant is arrested by ICE for a federal crime — and the deadline to fight removal has already passed? A citizen of the Philippines was taken into custody by ICE on federal election fraud charges, placing them squarely in removal proceedings. For any non-citizen, a federal arrest can trigger deportation — even before a criminal conviction.
What the ICE Arrest Means for a Non-Citizen
ICE arrested a Philippine national on federal election fraud charges. The arrest immediately put the individual into the immigration enforcement pipeline. For any non-citizen — whether on a visa, a green card, or with another immigration status — a federal arrest can be enough to start removal proceedings in immigration court. A criminal charge alone, even without a conviction, can trigger detention and a deportation hearing.
Under current enforcement priorities, ICE treats federal criminal charges as a high-priority basis for arrest and detention. The agency can lodge an immigration detainer — a request to hold the person — even while the criminal case is pending. If the person is found removable by an immigration judge, they face deportation to the Philippines. The order of removal appeal deadline is 30 days from the judge's decision. Miss that window, and the options narrow sharply.
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How Federal Charges Affect Immigration Status
Election fraud is a federal offense. For a lawful permanent resident (green card holder), a federal conviction can trigger mandatory deportation under the Immigration and Nationality Act. For visa holders or undocumented individuals, the bar is even lower — an arrest and charge can be enough for ICE to pursue removal. A motion to reopen a removal case must be filed within 90 days of the final order. After that, only extraordinary circumstances — like new evidence or changed country conditions — may allow a late filing. As of October 1, 2026, ICE charges $5,300 for the apprehension of an inadmissible alien, a fee that reflects the agency's expanded enforcement posture.
People in removal proceedings have the right to hire an immigration lawyer (at their own expense — the government does not provide one for free in immigration court). They also have the right to request a bond hearing, where a judge decides whether they can be released while their case continues. Bond is not guaranteed, especially when federal criminal charges are involved.
What to Do If You or Someone You Know Is Arrested by ICE
- Do not sign any documents ICE presents without speaking to an immigration lawyer first. Signing can waive your right to a hearing.
- Request a bond hearing in immigration court as soon as possible. A judge will decide if you can be released while your case is pending.
- If a removal order has already been issued, check whether the 30-day appeal deadline has passed. If it has, a lawyer can assess whether a motion to reopen (filed within 90 days) is still available.
- Contact an immigration attorney immediately — many nonprofit legal organizations offer emergency consultations for people in detention.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
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A federal arrest — even without a conviction — gives ICE grounds to detain a non-citizen and pursue removal. Green card holders should know that certain federal offenses, including crimes involving fraud, can be classified as aggravated felonies, which carry mandatory deportation with almost no discretionary relief. If you receive a removal order, you have 30 days to appeal and 90 days to file a motion to reopen — missing either deadline severely limits your options. Consult an immigration attorney the moment any federal charge is filed against you or a family member.
Frequently Asked Questions
Can ICE deport someone who has only been charged — not convicted — of a crime?
Yes. ICE can place a non-citizen in removal proceedings based on an arrest and charge alone. A conviction is not required to begin deportation proceedings, though the outcome of the criminal case can affect the immigration case significantly.
Does a green card protect you from deportation if you are arrested for a federal crime?
No. A green card (lawful permanent residence) does not protect you from deportation if you are charged with or convicted of certain federal offenses. Crimes involving fraud can be classified as aggravated felonies, which can lead to mandatory removal.
What is the deadline to appeal a removal order?
You have 30 days from the immigration judge's decision to file an appeal with the Board of Immigration Appeals (BIA). If that deadline has passed, you may still file a motion to reopen within 90 days of the final order, but only under specific legal grounds.
What happens at an immigration bond hearing?
At a bond hearing, an immigration judge decides whether you can be released from ICE detention while your removal case continues. The judge considers factors like your criminal history, ties to the community, and flight risk. Bond is not guaranteed, especially if federal criminal charges are pending.