Federal Regulations (8 CFR Sec.274a.12-14) established three categories of persons who are eligible to work in the U.S. First, there are persons authorized to work incident to their status (e.g., lawful permanent residents, people who were granted temporary protected status, fiancées). Second, there are persons authorized to be employed, incident to their status, with specific employer (e.g., H-1B, O-1). Finally, there are persons who must apply for employment authorization (e.g., applicant for asylum, withholding or cancellation, persons with final order of removal released under order of suspension).

The local Immigration District Office makes the initial custody and bond determinations. 8 C.F.R. § 236.1(d). Upon issuance of an arrest warrant (Form I-205) by the Immigration and Customs Enforcement (ICE), a foreign national may be arrested and detained by ICE. It should also be noted that “in the event of emergency or other extraordinary circumstances,” ICE can also arrest and detain foreign national for up to 48 hours even without issuing arrest warrants. See 8 C.F.R. § 287.3(d). During or immediately before the expiration of the 48 hours, ICE must make a determination of whether to release the detainee on bond or release the detainee on his or her own recognizance, or continue to detain the alien and issue a Notice to Appear (NTA).

There are numerous crimes which can make a non-citizen inadmissible or removable. However, the immigration consequences of criminal convictions can be eliminated through an array of post-conviction remedies.