subject: A Guide For Immigrants: From Arrest To Deportation Defense [print this page] During the past few months, I've noticed an increase in the worries of immigrants, largely due to what's going on in Arizona. They ask me, "What is going to happen to me if I am stopped by police officers?"
Earlier this week, the U.S. Immigration and Customs Enforcement (ICE) set forth new guidelines for when to detain and when to release permanent resident applicants. Yet, you could throw away your opportunity to become a permanent resident in the near future if you do not know what to do when you are arrested.
Three different stages from arrest to detention exist. How you handle each step is important to protecting your immigration dreams. First, what should you do when you are stopped by the police? Second, if you are transferred to immigration custody, what steps should you take? Third, what should you do if you have to spend time in immigration jail?
As an immigration lawyer, I know this dreaded moment often happens without warning. So it's good to have some tips to guide you if, and when, you ever end up in this situation.
It often occurs due to simple infractions. Maybe a rear turn signal stopped functioning correctly. A police officer pulls you over to cite you for the minor infraction. She asks for your driver's license.
If you are detained by law enforcement officers, the number one key is don't panic. Even if you lack a green card, you are protected by the U.S. constitution. 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 can make things worse.
Either way, stay courteous.
The next issue is what happens if you're turned over to immigration agents.
Normally, ICE agents can detain you for two days before issuing immigration charges against you. Under special circumstances, this time frame can be extended.
During the 48 hours you're in custody, immigration officers will try to question you over and over again. Once more, you should refrain from discussing too much information. Tell the officer you want to talk with an immigration lawyer before answering any questions.
Why is it in your interests to not say too much?
Immigration law is complex. Since you're no expert in immigration law, you could say things that lead officers to misinterpret your situation. It's simply not wise to provide information subject to being wrongly viewed in a negative light.
Be careful what you sign. It's best not to sign any paperwork other than requests to speak to an attorney and to present your case to an immigration judge.
According to new immigration rules, after the offices study your immigration history, you may be released from custody and the case against you may be dropped. Yet, be aware that not all immigrants meet the requirements for the new relaxed procedures.
By signing the wrong papers, you might be forfeiting your right to remain in the U.S.
Unfortunately, there have been situations reported where immigrants felt pressured and intimidated to answer questions and sign away their rights to go to immigration court. They were told their case is too hard. They were informed that while they could fight their cases, they may have to remain in jail for a long time, maybe years, until the fight is over.
Such incidents occur rarely. But they do happen - and you need to know about them in advance. Just in case.
Don't despair if you're forced to spend time in a government detention center. Other inmates may try to tell you what you should be doing based on what someone else, who was at the jail a few weeks ago, told them. Following such advice could be a disaster for you.
You might have to stay incarcerated longer than expected. The rules for immigration detention are strict, even with the new ICE policy. You will need to be patient.
Call a family member - your spouse, your sibling, or your cousin - and ask for their help in locating an immigration deportation defense expert.
Most likely, you want to wrap things up quickly. In many situations, a good defense cannot be put together overnight. After all, although you may qualify for a green card, your lawyer still has to document your eligibility before you will be granted immigration benefits. (Each immigration application costs several hundred dollars, so your relatives may need extra time to collect money to pay your fees!)
You may be sent to immigration court. Most immigrants do not understand the complexity of winning their deportation case. Despite the difficulty of winning immigration court hearings, nearly 60% of immigrants go to immigration court without an attorney. With so much at stake, it is too dangerous to fight on your own.
It's my hope you won't ever need to use this advice. But if you are ever arrested - these tips should help protect your opportunity to win your immigration case.
