HOW TO FIGHT YOUR DEPORTATION.
Part One: What to do if you are arrested by ICE.
Yet
again, Donald Trump has promised to start deportation raids against our immigrant
communities. It is important that people know they have the right to
defend themselves and fight their deportation in court. In many
cases, it can result in an immigration judge deciding that the immigrant can
stay in this country and even obtain permanent residence. However, if they
accept their removal, they are typically barred from the U.S. for 10 years or
more.
This series of articles will cover what an immigrant can do
if they or their family member is arrested and put into deportation
proceedings.
Part 1: The
Important Things to Know if you or your family member is taken by ICE.
Many people believe that if they are undocumented and
arrested, then they have no choice but to go home. That is simply not the case. With skillful and thoughtful representation,
many undocumented immigrants can successfully avoid deportation.
It is very important that undocumented immigrants and their
families know what to do in this situation.
The important thing is not to sign any document which agrees to your
deportation or voluntary departure.
Instead, get legal advice and it is very often the case that you can get
bonded out of custody very soon.
How does one get a family member out of ICE custody once
they’ve been taken? The answer to this question depends upon the
situation. The government is required to
hold non-citizens in jail if they were convicted of certain very serious criminal
charges. If he was not convicted of any
crime or if it was a misdemeanor crime, then usually the person can be “bonded”
out of jail if the bond set by the court is paid. The amount of the bond varies significantly
depending upon the judge and the facts of the case. The best thing is to get your relative out of
jail, if you can, and then hire a lawyer to protect his rights in court.
Even if the relative is bonded out of jail, he will be
required to go to immigration court and explain to the judge will he should not
be deported. If you ignore the court
case once he is bonded out, a deportation order will be issued by the court,
the bond money will be lost, and he will probably lose any chance of ever
becoming legal in the United States.
It is often possible to proceed with a claim for relief in
court, such as cancellation of removal, asylum, adjustment of status, or other
claims. These arguments apply in many
situations where the undocumented person arrested has family here legally or
has been a victim of a crime, or a victim of domestic violence, or can prove
that he would be harmed if he is returned to his home country.
These will be covered in subsequent segments of this series.
