During the waning months of the Bush administration, US Immigration and Customs Enforcement (ICE) has continues to increase the arrest and detention of immigrants in the US to unprecedented levels. Many of these arrests have come about as a result of well-publicized "worksite raids," where ICE has been targeting manufacturing, construction and food service industries for large-scale assaults designed to round up multiple "undocumented aliens" at one time and swiftly process the unfortunate detainees for removal proceedings.
First of all, people must understand that they should not panic merely because a friend, coworker, or neighbor has been arrested by ICE. Although panic is a normal human response to frightening stimuli, such as a knock on the door or telephone call from an ICE Investigator, panic causes people to make errors in judgment, such as giving an officer false information or unnecessarily admitting their own immigration violation when the officer is seeking information regarding someone else. Lesson number one: Do not panic. Overstaying one’s visa is not a crime. Removal proceedings are civil proceedings, where people can be charged with immigration violations. The worst possible penalty for these violations is being sent home, assuming the individual is not eligible for relief from removal and all appeals have been exhausted. An Immigration Judge cannot sentence a "TNT" to prison!
Even though removal proceedings are not deemed "criminal" proceedings, ICE Officers must respect the rights of an individual they are investigating or arresting. If confronted by an ICE Officer, an individual has a right to be told what information the officer seeks. ICE Officers have broad discretion to hold someone found to be in violation of law and set an initial bond, so one must exercise care in providing information and responding to an initial telephone call or in-person visit. ICE Officers are more likely to hold a person without bond if they believe the person has been deceitful or evasive in the face of simple questioning.
ICE Officers must also respect an individual’s rights to privacy and counsel. ICE cannot enter a person’s home without a specific judicial warrant, authorizing their entry for a specific purpose, such as a search for a particular person or item. Not panicking and informing the officer that one has retained or desires to retain an attorney is the most important step a person can take under these circumstances. If ICE decides to take a person into custody, they must inform the person’s relatives as soon as possible as well, so that they may make arrangements for visitation and potentially hiring counsel before any court dates. Don’t panic.
Once ICE decides to process an individual for removal proceedings, they must issue a Form I-862, Notice to Appear (NTA) in removal proceedings. The Notice will generally list the allegations on which any charge that the individual is subject to removal is based, list a date for an initial hearing and inform the person of their rights to competent translation, attorney representation and fundamental fairness in the proceedings.
In removal proceedings, even if a person is an "overstay," "illegal entrant," or "TNT," he is entitled to apply for RELIEF from removal before the Immigration Judge. Many people qualify for "cancellation of Removal," Waivers of removal, or may even successfully challenge the charges against them in the first instance. The first, and most important, step a person must take after receiving an NTA is to consult with competent counsel. Only an attorney who regularly appears in Immigration Court can competently advise the immigrant charged with removal as to his rights and formulate an intelligent plan for his representation in court and to avoid deportation at all costs.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon & Greene, a Professional Corporation, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; tel. No. (626) 585-8005. Hanlon & Greene is an immigration and full-service law firm. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it and www.hanlon-greene.com
(www.asianjournal.com)
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