Can A Detained Immigrant Get Married While In Custody?

A detained immigrant may wish to get married while in immigration custody, but the process can be more complicated compared to individuals outside detention. Marriage is legally permitted, but there are specific procedural steps and potential challenges that need to be addressed.

Steps to Take to Get Married While In Custody:

Obtain Permission from the Detention Facility: The first step is to request permission from the detention facility where the immigrant is being held. Some detention centers allow marriage ceremonies, while others may have restrictions.

Apply for a Marriage License: A marriage license must be obtained from the county clerk’s office. The detained immigrant will need to arrange for a representative or family member to apply for the license on their behalf, as they may not be able to do so in person.

Submit a Marriage Request to ICE or Authorities: If the detained immigrant is under the custody of U.S. Immigration and Customs Enforcement (ICE), they will need to submit a formal request to ICE for approval to marry. ICE will review the request and may require proof of the intention to marry.

Arrange for a Marriage Officiant: The detainee will need to arrange for an officiant to perform the marriage ceremony. This can include a religious leader or other authorized officiants, depending on the facility’s rules.

Ensure All Legal Documents Are Completed: After the ceremony, the marriage certificate must be filed with the appropriate local authorities to ensure the marriage is legally recognized.

Challenges and Limitations:

Detention Facility Restrictions: Many detention centers have strict rules about who can visit and under what conditions, making it difficult to coordinate marriage logistics, including obtaining a marriage license or arranging for an officiant.

Limited Access to Family: Family members or potential spouses may have limited access to the detained individual, which could complicate the process of applying for a marriage license or making arrangements.

Approval from Immigration Authorities: U.S. immigration authorities, particularly ICE, may need to approve the request for marriage. In some cases, they may deny or delay the request based on the individual’s immigration status or the detention facility’s policies.

Impact on Immigration Proceedings: While marriage may provide a path for relief, such as marriage-based adjustment of status, it can also raise concerns in immigration cases, especially if the marriage is perceived to be for the sole purpose of gaining legal status.

Legal Actions and Protections:

Right to Marry: Detained immigrants retain the constitutional right to marry, but they must work within the limits imposed by the detention system and immigration authorities.

Marriage and Immigration Benefits: A marriage to a U.S. citizen or legal permanent resident can affect the immigrant’s immigration status, but they must ensure their marriage is valid and recognized by authorities.

Filing for Adjustment of Status: If the detained immigrant marries a U.S. citizen or legal permanent resident, they may be able to apply for an adjustment of status to become a lawful permanent resident, though this process can be complicated if the immigrant is in detention.

Example:

A detained immigrant may wish to marry their U.S. citizen fiancé while in custody. To do so, they must first get permission from the detention facility and work with their attorney to request ICE’s approval. Their family member may apply for a marriage license on their behalf, and once the marriage ceremony is arranged and completed, they will file the marriage certificate. Afterward, the detained immigrant can explore options for adjusting their immigration status based on their marriage to a U.S. citizen. However, they may face delays or complications due to facility policies or ICE regulations.