Since January of 2018, ICE has undertaken a series of raids looking for families throughout the United States to deport them. They are targeting families with final orders of removal signed by an Immigration Judge which are dated after January 1, 2014. In addition to these families, ICE will continue to target people who fall into one of the following three categories:
Priority One: Threats to national security, border security, and public safety. This includes people who were caught at the border or ports of entry while attempting to cross into the U.S. illegally, people who have engaged in terrorism or been convicted of a felony, and people believed to be associated with gangs.
Priority Two: Misdemeanants and new immigration violators. This includes people who were convicted of either a significant misdemeanor or three or more misdemeanor offenses (other than traffic offenses), and people caught in the U.S. after entering illegally or who abused the visa or visa waiver program.
Priority Three: Other Immigration violators. This includes people who have been issued a final order of removal dated on or after January 1, 2014 and other undocumented immigrants who do not qualify for any forms of relief.
For more information on DHS’s policy for removal of undocumented immigrants, click here: https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf
However, if your case is on direct appeal, that removal order is not final and therefore cannot be enforced.
It is important to remember that ICE will still be looking for those persons who are not specifically targeted in this policy. Please familiarize yourself with the following list on what to do if you experience a raid:
ICE Raids can be scary but know that you and your family have rights. Here is what you can do if you experience a raid:
- STAY CALM.
- DO NOT OPEN THE DOOR, but ask who it is. If the person says they are an officer with the Department of Homeland Security, do not open the door.
- ASK TO SEE A WARRANT. ICE needs a warrant signed by a judge in order to enter your home.
- LOOK AT THE WARRANT. Make sure the information is correct on the warrant. Have the officer slip it under the door.
- If the information on the warrant is correct and the warrant allows them to search your property, you must let the officers in but you do NOT have to speak to them. Tell the officers that you want to speak with a lawyer. DO NOT ANSWER ANY QUESTIONS AND DO NOT SIGN ANYTHING!
- If the warrant has the incorrect information, like the wrong address, slip it back under the door and say that it is not correct.
- MAKE A PHONE CALL. If you are arrested during an ICE raid, continue to follow the advice above (ask for a lawyer and otherwise do not speak to ICE). When you are arrested, you have the right to make a phone call. Call your family and tell them where you are and who is holding you.
- TALK TO A LAWYER. A lawyer can help evaluate your case and determine what your best options are. In some cases, a lawyer can help you file a motion to reopen your removal proceedings or file for a stay of removal. A lawyer can also help determine if your order of removal can be challenged on the grounds that it violated your right to due process.
With the Konare Immigration Lawyers, you have the expertise that you will need to navigate the application process and handle all your questions. Call or email us for any further questions on this subject.