Here are useful tips to prepare and protect you and your family in case of ICE arrests at the immigration court, at ICE check-ins, or in general.
Recent Trends by ICE
A recent trend is that Immigration and Customs Enforcement (ICE) immigration agents have been arresting and detaining people leaving their immigration court hearings. Read to the end for extra tips for preparing in advance.
Some non-citizens may be detained at the immigration court house after their hearings if the government successfully dismisses their proceedings. ICE may arrest you as you leave the building and issue an expedited removal order to deport you from the US quickly.
Who is at Greater Risk of Detention by ICE and Expedited Removal?
- People who entered the US illegally, without legal papers or lawful authorization AND cannot prove they have been physically present in the United States continuously for two years
- Non-citizens whose parole status has been terminated or canceled, including CBPOne participants and other humanitarian parolees, even if they’ve been in the United States for over two years
- Individuals who are going for ICE check-ins. This includes people on Alternatives to Detention (ATD) monitoring who are called in for check-ins with the Intensive Supervision Appearance Program (ISAP) and ICE.
- Non-citizens with final removal orders.
What is Expedited Removal?
Expedited removal is a fast-track deportation process where you do not go before an immigration judge and you can be sent out of the country in as quickly as a day. There is no appeal process for an expedited removal, and you face a five-year ban on re-entry to the US. It is also more difficult to immigrate afterwards.
Who Is Generally Exempt from Expedited Removal?
Here are the non-citizens who are generally exempt from expedited removal. Note: the USCIS and ICE policies keep changing quickly with the new Administration in recent months.
- Anyone who was inspected and admitted to the United States, even if their visa or authorized stay has expired*
- People who can prove two or more years of more years of continuous U.S. residence
- Unaccompanied minors under age 18
- Cuban nationals who arrived by airplane
- Note: *People who were paroled into the US were never formally admitted; if their parole expires or is revoked, they can be placed in expedited removal.
Prepare Against Deportation Before Any ICE Arrest
Non-citizens should prepare in advance against possible ICE arrests or deportation.
You should make arrangements for childcare, pet care, and other immediate needs in the event you are suddenly detained without notice.
If you have sick or minor children consider preparing a heath care power of attorney or guardianship. Have their passports ready in case you want them to join you overseas, should it become necessary.
Have a trusted person who can pick up your final paycheck, pay bills and help you find a lawyer as necessary.
If you cannot afford an attorney, try to have a consultation with an attorney before you go to Immigration Court to find out if you have a way of getting out of detention. Also, ask what immigration relief you may qualify for.
If you cannot afford to hire an attorney, during the consultation ask the attorney or legal service provider for any sample arguments to oppose the dismissal of your removal hearing.
Create an Immigration Emergency Packet
Prepare and keep an immigration emergency packet with the following items where a trusted family member or friend can access it, if necessary:
- Copies of your birth, marriage, passport and Identity documents.
- Write a summary of your immigration history and put this in your emergency package
- If you have criminal convictions or arrests – obtain and include any final certified transcript(s) for these
- Copies of previous immigration applications – including any USCIS receipts and notices and immigration court decisions or paperwork.
- Have some funds set aside and accessible to your family
- Keep the contact information of your Attorney and nearest consulate within reach.
- Include your A# Alien Registration Number (a 9 digit number on immigration notices or letters) in your packet, if applicable.
Going to Immigration Court When You Fear an ICE Arrest
If you are going to immigration court without an attorney and you fear that ICE will detain you after your hearing is terminated, speak to a lawyer or legal service provider beforehand to see if you should oppose the government attorney’s motion to dismiss your removal proceedings.
In Immigration Court: If you are subject to expedited removal you may be at risk of having the government attorney ask the Immigration Judge to dismiss your removal proceedings.
If appropriate, and based on your attorney’s advice, you may need to be prepared to reserve appeal if the IJ dismisses proceedings.
Take copies of documents that show you have been living here for more than two years. E.g. utility and medical bills, leases, etc.
When ICE Arrests You
If ICE arrests you, there are possible legal steps that may help you:
First, if you are afraid to return to your home country or any country that they suggest removing you to, you must say this to every ICE officer you meet, and during your intake processing.
You may be given a Credible Fear Interview if you are afraid to return to your country and want to fight your case.
Second, showing ICE proof that you have been here for more than two years may sometimes stop an expedited removal against you.
Finally, have your Consulate and Attorney’s number memorized and/or written on your arm because your phone will be taken from you if you are in detention. You have the right to call them for assistance.
Know Your Rights – Remember these
1) You have the right to remain silent and if you choose to remain silent, you should tell the officers “I choose to remain silent” and then be silent.
2) You have the right to speak to a lawyer. If you are detained, you have the right to look for a lawyer and to receive a phone call from your attorney.
3) Carefully read all documents that you are given so that you really understand them.
4) Do not sign any documents without speaking to your Immigration Attorney because you may not be able make changes later or withdraw it. If you choose to sign, make sure you understand what you are signing and what it means.
5) Do not sign any papers to leave the U.S. voluntarily without speaking to your attorney.
6) You have the right to contact your consulate. They may help you with finding a lawyer.
7) You should not lie or show false documents.
For the Credible Fear Interview
Some Asylum Officers may try to pressure you into proceeding with the credible fear interview without your attorney present. Be ready to exercise your right to have the interview and your right to have your attorney present. Insist that the Asylum Officer call your attorney.
If you are successful at your credible fear interview, you may be placed back in removal proceedings. You may also qualify to ask for a bond hearing to be released on bond.
Speak to an Immigration Lawyer
If you have concerns about ICE arrests, please remember to speak to your immigration lawyer. If you do not have an attorney, now is a good time to speak to immigration attorneys to find a lawyer you trust.
Finally, if you have any questions or need immigration help, our law office is ready to assist you in finding your best immigration solution.
Summary
You have the right to remain silent, you do not have to open your door (without a search warrant), and you have the right to speak a lawyer. Most importantly, preparing in advance is key to the best possible outcome and your peace of mind.
This is information of a general nature and is not legal advice nor is it intended to replace specific legal advice about your particular situation. Some information is provided courtesy of the American Immigration Lawyers Association (AILA) and the National Immigration Project.
To learn more about this or to schedule an appointment with our immigration lawyer, Doreen Emenike, please contact us: www.emenikelaw.com select “Book Appointment”. (626) 256-8500.
Read More: How to respond to a USCIS Request For Evidence (RFE)
Related: Deportation defense
Read more: Success Stories
Thank you for reading this article. If you have questions or need help, please contact our immigration law office at (626) 256 8500. www.emenikelaw.com
