What Successful Immigrants Understand About Arrest And Detention
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.
There are three different aspects to answering this question. First, if you are stopped by law enforcement, how should you react? 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?
I've seen many cases, being an immigration attorney, where this feared scenario becomes a reality in a sudden and unexpected fashion. As a result, you should have a few guides in case you ever have to face such a dreaded moment in your life.
Many times it happens for the smallest of reasons. Maybe a rear turn signal stopped functioning correctly. A police officer pulls you over to cite you for the minor infraction. He wants to see your identification card.
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 choose to remain silent, tell the officer in a clear manner.
On the other hand, if you share information, do not give any false or misleading details. This can make things worse.
Whatever you do, stay calm and polite.
The second stage begins when you are transferred to immigration officials.
Usually, immigration officers can hold you for 48 hours without officially charging you with any immigration violations. But in emergency situations, the period can be longer.
During the 48 hours you're in custody, immigration officers will try to question you over and over again. Again, you do not want to say too much. Tell the officer you want to talk with an immigration lawyer before answering any questions.
Why should you refrain from saying 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.
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. 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 led to believe winning was beyond their reach. 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 - you should be aware how to avoid these situations. Just in case.
If you end up having to spend time in immigration jail, you must not lose hope. 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. Doing what others have done may not work for you - and it make your situation worse.
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 most cases, a solid defense cannot be constructed at a moment's notice. 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.
About the Author
Are you concerned about becoming a permanent resident, earning U.S. citizenship, or fighting deportation? San Bernardino Deportation Defense Attorney Carlos Batara, a Harvard Law School graduate, has helped immigrants live and work legally in the U.S. for 16 years. Learn how we can help you at http://www.bataraimmigrationlaw.com , where you can also download a FREE copy of our report on "How To Recognize And Avoid Immigration Fraud."
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