Hemet Immigration Attorney: Tips For Surviving Arrest And Immigration Detention

As a Hemet immigration attorney, it's one of the most common questions I hear

, "What happens to me and my immigration case if I'm arrested?"

Most immigrants, documented or undocumented, live in a silent fear. Even if their green card interview is only a few months away, they worry that if they're arrested, for any reason, their dreams of becoming a permanent resident will be destroyed.

In Hemet, this fear has recently reached new highs.

Following the State of Arizona's decision to pass SB 1070, the most stringent immigration measure enacted by a state, immigrant concerns about being arrested increased. Even for immigrants not living in Arizona.

In a show of support, the City of Hemet was the first California city to openly pass a resolution endorsing Arizona's position. Soon afterwards, anti-immigrant news editorials began to surface in great numbers. Then check points popped up all over the city, at random times, to check, sufacely at least, for valid drivers' licenses. Immigration agents were stationed alongside local law enforcement at these check points.

Despite this heightened get-tough policy, the U.S. Immigration and Customs Enforcement (ICE) recently announced a new policy regarding the detention of green card applicants. If it seems an immigrant has filed papers for permanent resident status, and it appears his or her interview may take place in the near future, ICE has suggested suspending deportation efforts.

This means, if you're an immigrant, and you're waiting for a green card interview date to be set, not knowing your rights when you are arrested could be devastating.

When clients ask about what happens if they're arrested, I break the question into three parts. First, we discuss what they should do when they are first stopped by the police. Second, we talk about what they should expect if they are turned over to immigration officers. Third, we explore their options if they have to spend time in immigration jail.

In my position as a Hemet immigration lawyer, I know being detained can occur without warning. It can happen for the smallest of reasons, like the tail light on your car not working. When you are stopped by the police, the key is not to panic. Stay polite. Stay calm.

Whatever your immigration status, you have constitutional rights. You have the right to remain silent. If you decide to stay silent, say it clearly to the officer If you decide to talk, be sure not to lie. This will make things worse.

The police officer may decide to transfer you to the custody of immigration agents. Under normal circumstances, they can hold you for 48 hours before charging you with any immigration violations. During the 48 hours you're in custody, some officers try to question you over and over again. Once again, it's better not to say too much. Simply inform the agents you will not answer questions until after you talk with an immigration lawyer..

It's important to say very little because you're not an immigration expert. There are so many little nuances in immigration law that you might say things in a way which cause officers to misunderstand your situation. This could lead them to try to expedite the deportation process.

Also, be careful what you sign. Try to avoid signing anything other than a request to see an immigration judge until you can have an attorney talk to you about your case.

Under the new ICE policy, your case could be dismissed and you could be released from custody, once the officers find out the truth about your immigration situation. But only some, not all, immigrants qualify for such lenient treatment. If you sign the wrong documents, you could be throwing away your chances to legally stay in the U.S.

As a deportation defense attorney, I've had various family members come to visit me too late - after their relatives signed papers where they agreed to voluntary departure from the United States and forfeited their rights to challenge the deportation charges in immigration court. These situations do not happen often. But they do happen - and you need to be careful if you're ever placed in immigration custody. .

If you end up having to spend extended time in immigration jail, other inmates may try to tell you what you should be doing in your case. Following such advice could be a disaster for you.

You should plan ahead and arrange with your family members who you will call if you are ever detained by immigration authorities. They should be ready to help you find, as quickly as possible, an immigration lawyer who specializes in defending immigrants against deportation.

Be patient. Trying to rush your case may not be in your best interests. A good defense cannot be put together overnight. Even if you qualify for a permanent residence interview, your immigration attorney and your family will likely need time to put everything in order for the government's review. (And remember there will be hefty fees involved too. So you may also want to save such fees ahead of time.)

You may eventually be sent to immigration court. In my experience, most clients do not understand how difficult it is win deportation and removal trials. Over 50% of immigrants handle their cases without an attorney. This is risky, especially when so much is at stake.

Hopefully, you will never have to use these tips.

But if you are ever arrested - remember these tips and you'll improve your chances of preserving your immigration dreams.

Hemet Immigration Attorney: Tips For Surviving Arrest And Immigration Detention

By: Carlos Batara

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