Horror stories about immigration arrest and detention are rampant. Immigration enforcement is a complex and often misunderstood process, leading to widespread misinformation that can cause devastating fear in immigrant communities. Many rumors suggest that anyone can be detained or deported at any time, or that people can easily “report” immigrants for removal. This blog post aims to clarify who is at risk and what to do if someone is reported.
Who Is at Risk of Detention and Deportation?
Not every non-citizen living in the U.S. is at risk of being detained and deported. ICE typically prioritizes enforcement actions based on specific criteria, including:
1. Criminal Convictions and Public Safety Risks
Individuals who have been convicted of crimes, particularly felonies or crimes considered “aggravated felonies” under immigration law, are at higher risk. This includes violent crimes, drug offenses, and fraud-related offenses. Even some misdemeanors can trigger removal proceedings if they fall under immigration violations.
2. Immigration Law Violations
People who enter the country unlawfully or overstay their visas are at risk of deportation. However, enforcement priorities have shifted over the years based on administration policies. While past enforcement focused on undocumented immigrants with criminal records, some policies have targeted those without legal status, even if they have no criminal history.
3. Individuals With Final Removal Orders
Non-citizens who have already gone through immigration court and received a final order of removal (deportation order) but have remained in the country are at significant risk of detention and deportation.
4. Visa Overstays
Those who entered the U.S. legally but overstayed their visas can be subject to detention if encountered by ICE. Visa overstays account for a significant portion of the undocumented population in the U.S.
What to Do If Someone Reports You to ICE
If you or someone you know has been reported to ICE, taking immediate and informed action is essential.
1. Know Your Rights
Regardless of immigration status, everyone in the U.S. has constitutional rights, including:
The right to remain silent: You are not required to answer questions about your immigration status.
The right to refuse entry: ICE cannot enter your home without a warrant signed by a judge.
The right to an attorney: You have the right to legal representation, though the government does not provide free attorneys in immigration cases.
2. Seek Legal Counsel Immediately
Contact an immigration attorney or a nonprofit legal organization specializing in immigration law. Do not sign any documents from ICE without legal consultation, as they may be waivers of your rights or voluntary departure agreements.
3. Avoid Providing False Information
Never lie about your immigration status or provide fraudulent documents. This can have severe legal consequences and damage your chances of obtaining relief.
4. Develop a Safety Plan
If you fear detention, consider:
Identifying a trusted person who can handle legal matters on your behalf.
Keeping important documents (e.g., birth certificates, passports, legal records) in a safe but accessible place.
Informing family members about their rights if approached by ICE.
Final Thoughts
The fear surrounding immigration enforcement is often fuelled by misinformation. Understanding the facts about detention and deportation can help individuals make informed decisions and take proactive steps to protect themselves. If you or someone you know is at risk, legal assistance is crucial in navigating the complexities of immigration law.
Knowing your rights and seeking professional guidance can make all the difference in facing immigration challenges with confidence. For accurate legal advice, consult Shan Potts Law Offices TODAY or call us on (323) 803-7147 for immediate assistance.
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