© John Moor
ICE can expeditiously deport immigrants with less than two years of living in the country.
Last week, a Court of Appeals in Washington, D.C. allowed the Department of Homeland Security (DHS) to push the rule that allows expedited deportations, a practice carried out by the Customs and Border Protection office (CBP) less than 100 miles from the borders, but now the Immigration and Customs Enforcement office (ICE) can apply nationwide.
The immigration attorney, Dr. Nelson Castillo, from Immigration Today, explained that under this rule, undocumented foreigners « are in danger » of being deported at any time, so he suggested preparing.
“An undocumented person from the moment he enters the United States is in danger (of being deported)”he recalled. « He has violated immigration law and, depending on what he has done, is what is going to put him in a process of removal quickly. »
Although most undocumented immigrants are at risk, the DHS rule has conditioning factors.
1. What is it
The rule imposed in 2019 extends a prerogative established in the Immigration and Nationality Law (INA). The Government determined that all undocumented immigrants in any part of the US and who cannot demonstrate a minimum of two years of stay will be processed for immediate deportation.
That type of expulsion generally does not allow immigrants access to legal representation., witnesses, or a significant opportunity to present evidence to stop your departure.
2. Battle against
In January this year, a coalition of attorney generals from more than 20 states filed a motion in the Court of Appeals to stop the measure.
« With this rule, the Trump Administration is trying to evade its moral and legal obligations for those fleeing violence and persecution, » said the California attorney general, Xavier Becerra, who led the “amicus” or legal support presented by his colleagues from Colorado, Connecticut, Delaware, Hawi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.
3. The Court’s decision
On June 23, the judge’s opinion Patricia Millett considered that these types of deportations are considered by Congress at the INA, so the immigration authorities can apply them at their discretion.
It states that, however, immigrants who seek asylum or demonstrate threats in their countries of origin could avoid this type of expulsion.
« Due to past concerns of the Executive Branch about the manageability and precision of accelerated expulsion … the Secretary has long chosen to apply these abrupt procedures only to certain small classes of individuals, » the opinion noted.
4. Carry IDs
Activists and lawyers suggest that all immigrants carry their identifications that guarantee their stay in the country, in order to avoid problems with immigration agents.
In fact, the law firm Tarter Krinsky & Drogin LLP He published an article in lexology.com, where he highlights the type of documents that every foreigner should have, depending on their condition in the country, based on criteria established by the INA.
« Every foreigner, eighteen years of age and over, must carry with him and have in his personal possession any certificate of registration of foreigner or receipt card of registration of foreigner issued to him, » he highlights.
Tourists and Travellers Businessmen carry their I-94 or arrivals and departures registry, in addition to a passport. Permanent residents carry your “green card”. The naturalized Carrying acceptable national IDs: driver’s license, for example. The card of border crossing Non-resident Mexican, for citizens residing in Mexico. Order to show cause and notice of hearing, this is for those immigrants against whom deportation proceedings are being initiated. It can also be the I-221S, depending on the case. Document from Employment Authorization. Notice of appearance – Foreigners against whom deportation proceedings are being initiated. Notice to the Immigration Judge – Foreigners against whom deportation proceedings are being initiated.
5. An action plan
Activists and lawyers, such as Dr. Castillo, suggest immigrants put together an action plan, in order to face a possible meeting with ICE.
Save to pay one bond. Contact or hire a attorney. Always carry a phone number where I can ask for help in case of arrest. Prepare documents that grant assets to relatives or trusted people. Prepare legal custody of your children.
Dr. Castillo recalled that although immigrants can apply for asylum, each “each case is unique” and it is difficult to generalize, since immigration protections do not apply to everyone.
« We should never generalize about anything (in immigration matters), » he said. « Each person must be evaluated. »
Sign up to receive our free newsletter in your email.