Skip to main content

ICE Raids Means Applicants Will Lose Their Asylum Cases or Will Not Apply at All

Immigration and Customs Enforcement (ICE), the agency in charge of enforcing our country’s immigration laws, just launched a series of raids in North Carolina, Texas, and Georgia, to deport people (including young children and mothers) who, among other things, entered as undocumented after Jan. 1, 2014, or were ordered removed after Jan. 1, 2014. We have heard (from clients and friends) that young children and mothers are being places in custody and are being pushed to be removed quickly.

Many—if not most—of these people are immigrants from Central America who fled their countries starting 2014 because of the violence caused by drugs,  gangs like the MS-13, and the inability of local police to stop these increasing threats. These immigrants fled to the United States, not because they are criminals, but because they have become refugees fleeing their war-torn countries where they sincerely fear they will be killed.

The ICE raids that have just started this past weekend will make it less likely that people succeed in their asylum cases or that they will apply at all. People who apply for asylum are usually given sufficient time to seek an attorney and prepare their asylum cases by gathering evidence, lining up witnesses, gathering documents and testimonies from their native countries, hiring an expert and obtaining an expert report or testimony from him or her, and preparing for their final hearings in front of an immigration judge.

An asylum case is not easy—and is definitely not cheap if one hires an attorney; this task is much more difficult to manage if the applicant is detained, which is what these ICE raids will accomplish. Imagine trying to gather documents and testimony while you are inside a detention center. Add to this the fact that you may need an expert to testify in complex issues regarding the socioeconomical or political climate in your native country or the modus operandi of gangs in your native state. You also need to file all your evidence with the immigration court and provide a copy of all your filings to the attorneys for ICE who are arguing that you should be removed. Overnight, the task of winning an asylum case (or applying for this relief) becomes nearly impossible and extremely expensive, so what many of these people will inevitably end up doing is forgoing their day in court and wait instead to be removed. This is a huge miscarriage of justice for all these people who should be afforded the opportunity for a fair and full hearing in court.


These ICE raids are not intended to keep our country safe (most of the people who were detained were families with no criminal records), they are meant to discourage the influx of undocumented immigrants, period. What is sad is that the government may be accomplishing this but at the expense of the well being of hundreds of hardworking families and, of course, the U.S. Constitution.

If you think you run the risk of getting detained or know someone who might, please talk to an immigration attorney about your options.

Johanna Cochran, Associate Attorney
404-949-8170
jcochran@immigration.net

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…