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There is a growing fear among undocumented immigrants of being
arrested and detained by Immigration and Customs Enforcement (ICE)
agents while at work. This fear is growing as ICE continues to
aggressively conduct raids in California and across the nation. ICE
has recently taken a record number of individuals into custody
leaving children without their parents or a family without an income
earner. This article aims to provide valuable information regarding
the steps a detainee or a detainee’s family should take if a loved
one is detained by ICE.
An undocumented immigrant has the right not to
volunteer any information about his/her immigration status. This
includes not volunteering information regarding place of birth or
nationality. Remember, everything a person says can be used against
them in deportation proceedings. A detainee should never lie to an
ICE agent and must never make false claims of US citizenship or
lawful permanent resident status. Lying about an immigration status
carries serious immigration consequences.
Detainees have the right to not sign any
statements or documents. Many people don’t realize that they may
be giving up their right to a hearing before an immigration judge,
or worse yet, they may be signing their own voluntary departure
order. Most importantly, a detained immigrant has the right to speak
to an attorney. Detainees have the right to make a phone call. It is
strongly recommended that undocumented immigrants carry the phone
number of a reputable immigration attorney at all times in case of
this type of an emergency.
Detained individuals are taken to a temporary
processing station where he/she may be fingerprinted and
interviewed. Remember, a detainee has the right to a phone call and
the right to not answer any questions without first consulting an
immigration lawyer. After being processed, a person is generally
issued an alien registration number “A number.” It is very
important to memorize this number and if possible, the name of the
ICE agent in charge of processing the detainee and the location of
the processing station. This is important because an experienced
immigration lawyer can contact the holding place and speak with the
ICE agent in charge of processing an individual.
The lawyer can request status of the case or in
some situations can negotiate the release of the detainee with or
without bond. Family members can also learn the location of their
loved one if they have the full name and “A number” ready. If a
detainee is given legal documents, it is important to always keep
those documents with him or her. These documents will be very
important to an immigration lawyer.
There is no way to know when and where a raid
will happen, but it is important to discuss this possibility with
family to develop a plan. Undocumented immigrants and their family
should have the name and number of an immigration attorney to
contact in case of such emergency. Detained immigrants should hire a
lawyer who specializes in immigration law, specifically in
deportation/removal proceedings.
Author’s Note: The analysis and
suggestions offered in this column do not create a lawyer-client
relationship and are not a substitute for the individual legal
research and personalized representation that is essential to every
case.
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