ICE Detention

In the wake of SB-4, I believe it's important to call attention to the most commonly asked questions I receive about being detained by ICE.

Where are people detained by ICE?

Generally, there are three ways in which an individual may come into contact with immigration officers. The first is in public through a workplace raid or check point; the second is by an agent coming to your place of residence; and the third is through local law enforcement, either through a transfer from a state jail to an  immigration detention facility or at a probation check-in.

Can ICE detain me at my children’s school or my church?

With respect to public places, immigration generally avoids detention in what are called sensitive locations. These locations include schools, bus stops and school-related activities; medical facilities like hospitals and clinics; religious organizations and ceremonies; and public protests or rallies.

What are my rights?

In the event of detention by immigration, it’s important to know that you have rights. You have the right to remain silent, which means that you only have to provide your name and nothing more. If an officer tries to enter your home, you have the right to ask to see an order signed by a judge permitting their entry. You also have the right to speak to an immigration judge about your case.

What happens if I’m detained?

Once in immigration detention, you’ll generally have the option to select a voluntary return or a hearing with a judge. It’s important to know that if you sign a voluntary return, you willingly give up your right to a hearing with an immigration judge.

Can I ask for a bond?

Immigration officers have the discretion to offer a bond for release from detention. If the officer does not offer a bond or if you disagree with the bond amount, you can request a bond re-determination hearing with the immigration judge. The decision to grant a bond is discretionary, and the adjudicator will consider both negative and positive factors in your case. The amount of bond all varies depending on each case.

What can I do now to prepare my family?

There are a number of things you can do now to prepare your family in case you are detained. First, if you believe you may qualify for an immigration benefit, it’s important to apply now and not to wait until you’re already detained.

Second, create a security plan. You should choose one person you trust to handle your affairs should you be detained. Make a list of important phone numbers and contact information for doctors and emergency contacts. Have the number to both a criminal and immigration attorney available. Organize your important documents in a safe location.

Finally, it is often important in immigration cases to demonstration long standing ties to the US. Start organizing proofs that you have lived in the US for at least the past ten years. Make sure your taxes are complete and accurate. Become involved in your community or church. And most importantly, don’t break the law.

This article is intended for educational purposes only. Nothing in this article is intended to be legal advice and it should not be relied upon as such. Please contact an attorney before making any important decisions.

Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. She works out of the firm’s Dallas office and defends individuals against deportation before the Immigration Court in Dallas, Texas. She also handles SIJS, VAWA, U Visas, Military PIP, Applications for Residency, Citizenship, Adjustments of Status, Consular Processing, DACA, TPS, and Asylum.

Are DREAMers at Risk?

What will happen to the more than 75,000 DREAMers currently protected under Obama’s Deferred Action for Childhood Arrivals (DACA) program? This question has been at the forefront of our minds since President Trump took office. But so far the program remains unchanged.

                                                           Photo Courtesy of Outloud Media, Jeff Toppings, Reuters

News stories have flooded our screens with the arrests of current DACA holders, but these individuals have either committed crimes or ICE has found grounds for termination of their DACA status. Take the DREAMer that was taken by ICE in Portland, Oregon. Last December, he was arrested for DUI. The DACA program clearly states that an individual is not eligible if they have been convicted of driving under the influence. Check eligibility guidelines here.

Also consider Ramirez, a DREAMer arrested in Washington and being held without bail in Seattle. ICE agents are claiming that Ramirez admitted to being a gang member. The DACA program states that individuals with gang membership are a threat to public safety and not eligible. Ramirez’s defense attorneys contest the allegation, claiming there is no basis for Ramirez’s detention. The outcome of these cases remains to be seen.

The detention of DREAMers raises concerns over whether ICE is targeting these individuals despite their deferred action status. Yet U.S. Citizenship and Immigration Services (USCIS) continues to accept and approve DACA applications.

If you have questions about your eligibility for DACA, speak with an experienced immigration attorney.

Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. She works out of the firm’s Dallas office and defends individuals against deportation before the Immigration Court in Dallas, Texas. She also handles SIJS, VAWA, U Visas, Military PIP, Applications for Residency, Citizenship, Adjustments of Status, Consular Processing, DACA, TPS, and Asylum.

This article is intended for educational purposes only. Nothing in this article is intended to be construed as legal advice and should be relied on as such.

DHS to Expand Provisional Waiver Program Eligibility

Tomorrow, July 29, 2016, DHS will publish in the Federal Register a final rule that will expand eligibility for the provisional unlawful presence waiver to individuals who can establish extreme hardship to a lawful permanent resident (LPR) spouse or parent. Previously, the program was only available to individuals who could establish hardship to U.S. citizen spouse or parent.

This is great news for families of lawful permanent residents. In essence, any individual who is eligible for an I-601unlawful presence waiver (requiring hardship to a U.S. citizen or lawful permanent resident spouse or parent) can now take advantage of the Provisional Waiver Program.

The Provisional Waiver Program has the benefit of shortening the time period the Applicant will spent outside of the United States, thereby reuniting families sooner. Before the program, applying for the I-601 unlawful presence waiver at the consulate in the Applicant’s home country was the only option. This process was lengthy, often resulting in families being separated for an entire year. With the Provisional Waiver Program, the Applicant submits the Form I-601A waiver inside of the United States and waits for an approval before departing the U.S.

For more information on the Provisional Waiver Program, or to see if you qualify, please schedule a consultation at Brewer &Lormand, PLLC.

Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. She works out of the firm's Dallas office and has practiced family immigration law for three years. She has extensive experience handling Provisional Unlawful Presence Waivers and head-started the Provisional Waiver Team at her previous firm when the Program was launched by Immigration in 2013.She also handles SIJS, VAWA, U Visas, Military PIP, Applications for Residency, Citizenship, Adjustments of Status, DACA, TPS, Asylum, and Deportation Defense.

Requesting an Immigration Bond

There has been a recent shift in the decision making process to grant bond to undocumented individuals who are detained by Immigration. Whereas before ICE (Immigration and Customs Enforcement) would exercise its discretion to grant bond based on the circumstances in each case, I have seen ICE declining to issue bond across the board. This means individuals must request a hearing to seek bond before the Immigration Judge.

Individuals without legal representation will find this process difficult to maneuver. For example, detained individuals are scheduled for master hearings, which are separate and apart from bond proceedings. In order to be scheduled for a bond hearing, an individual must request a bond hearing and complete a Bond Worksheet, which typically looks like this. Notice the worksheet asks for the relief the individual will be seeking; a determination that is difficult for a lay person to make.

Another important consideration is that the immigration judge will generally not grant a bond unless the individual is eligible for relief. 

For more information about whether an individual is eligible for relief, or how to request a bond, please contact an immigration attorney at Brewer & Lormand, PLLC.

Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. She works out of the firm's Dallas office and has practiced family immigration law for three years. She handles SIJS, VAWA, U Visas, Military PIP, Applications for Residency, Citizenship, Provisional Waivers, Waivers, Adjustments of Status, DACA, TPS, Asylum, and Deportation Defense.

This article is intended for educational purposes only and should not be relied on or construed as legal advice.

Domestic Violence Asylum Claims

In an unpublished decision, D-M-R- (BIA June 9, 2015), the Board of Immigration Appeals (BIA) has held that "El Salvadoran women in domestic relationships who are unable to leave" is a cognizable particular social group (per its decision in Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)) that "does not necessarily require that an applicant seeking asylum or withholding of removal based on domestic violence have been married to his or her abuser."

Instead, the Court states "we look to the characteristics of the relationship to determine its nature." Of importance is establishing the bona fide nature of the relationship as well as the inability of the Applicant to leave the relationship.

Greater Dallas Hispanic Chamber of Commerce Kicks off Installation Reception

Last night, February 3, 2016, the Greater Dallas Hispanic Chamber of Commerce (GDHCC) kicked off its 2016 Board of Directors Installation Reception at the beautiful Morton H. Meyerson Symphony Center in the Dallas Arts District.

Former CBS reporter Susy Solis introduced the Chamber's influential members, including former Chair Wanda Granier, Mayor Pro Tem Monica R. Alonzo, and Chamber President Rick Ortiz.

District 4 Commissioner Dr. Elba Garcia swore in the new board of directors, along with new Chairman, Mr. Don Perez.

The GDHCC highlighted its commitment to continue bolstering economic growth and empowering business owners. If you are a small business interested in what the GDHCC can do for you, check out their Scale Up Program.

Lauren Wallis is an immigration attorney in Dallas, Texas at the law office of Brewer & Lormand, PLLC. Email her at lwallis@brewerlormand.com.

U.S. Supreme Court to rule on Obama's Executive Action

The U.S. Supreme Court has granted certiorari in Texas et al. v. U.S. et al. to review whether President Obama can proceed with his executive action to defer deportation and grant work authorization to the nearly 11 million individuals living in the United States without lawful status.

At the heart of the issue is the constitutionality of the programs released by the Obama administration in November of 2014, called DAPA and expanded DACA, that would bring millions of unlawful immigrants out of the shadows.

DAPA is intended to cover the parents of U.S. citizens and lawful permanent residents. DACA 2.0, as it has been called, applies to certain individuals who came to the U.S. under the age of sixteen and are seeking or have obtained an education.

The Supreme Court is set to hear oral arguments this April and a decision is likely to be made by June. Twenty six states filed suit to stop DAPA and the expanded DACA from being implemented in December of 2014. The U.S. District Court for the Southern District of Texas issued a preliminary injunction in February 2015, and the U.S. Court of Appeals for the Fifth Circuit affirmed the injunction on November 9. 2015. The Obama administration petitioned the Supreme Court for immediate review of the Fifth Circuit's decision on November 20. 2015.

Read more about what the Fifth Circuit has done to halt the executive action here.

Photo attributable to: jurispage.com

                                         




Lauren Wallis is an immigration attorney at Brewer & Lormand, PLLC. Email her your immigration questions here.