The social issue in the United States is that there are a lot of immigrants who come and reside in the country with fake documents or even without any papers at all. For those who have made a life for themselves, in addition to being contributing members of society with no criminal records or convictions, the idea of deportation seems unlikely. However, at any reasonable time, someone can report to the Department of Homeland Security, Immigration and Customs Enforcement (ICE) which can have severe repercussions. Learning from numerous tips that have occurred in the past, this post seeks to explain the details of what happens next and if deportation is in the offing.
Can I Get Deported If Someone Tips Off ICE?
Undoubtedly, there is a real risk that someone, be it an unscrupulous employer or a disgruntled neighbor, might contact ICE and inform them of your undocumented status. However, it’s crucial to note that an immediate and automatic deportation doesn’t follow suit. The process is more complex than it may seem at first glance.
What Will ICE Do After Being Tipped Off?
Once a tip reaches ICE, they must decide whether to act upon it. ICE operates within certain resource constraints and cannot pursue every lead they receive. In many cases, they might choose to ignore the tip.
ICE agents are expected to follow a policy known as “Prosecutorial Discretion.” This means that they will evaluate the individual’s circumstances, including their work history, family ties in the U.S., and overall contribution to society. In some instances, they may opt not to initiate removal (deportation) proceedings, recognizing the value these individuals bring to their communities.
The underlying principle is to prioritize government resources for those who pose a genuine security risk or have committed crimes, rather than individuals who have contributed positively to society. Even if removal proceedings have already commenced, ICE can exercise Prosecutorial Discretion to halt the process or even grant a work permit in specific cases.
Does ICE Act on Tips From the Public?
The decision-making process within ICE hinges on available resources, and this is where the element of chance comes into play. While someone might tip off ICE, the agency may still lack the capacity to respond adequately. Thus, whether ICE acts on the tip remains uncertain.
If ICE does decide to proceed with your removal, they may arrest you and, in some cases, your family members who are also undocumented. These arrests often occur at residences during nighttime, as it is when individuals are most likely to be present. However, arrests can also happen at workplaces, in public, or virtually anywhere. While ICE sometimes refrains from enforcing arrests in sensitive locations such as schools, hospitals, places of worship, and courthouses, this is not a strict rule they consistently follow.
What Rights Do I Have If ICE Stops Me or Approaches Me in Public?
Regardless of your immigration status, the U.S. Constitution affords you certain rights when dealing with law enforcement. If approached by an ICE officer, it’s crucial to remain calm and assert your rights.
Right to Ask About Freedom:
You can inquire if you are free to leave. If the officer states that you are not, you have the right to remain silent. Politely and inform the officer that you wish to remain silent.
Identification Documents:
You have the option to refuse to show identity documents that reveal your country of origin. However, it is essential never to provide false documents, such as a counterfeit green card or Social Security card.
Search and Pat Down:
If ICE has not arrested you but believes you might possess a weapon, they may conduct a pat-down search.
Access to an Attorney:
If you are arrested and taken into custody, you have the right to contact and consult with an attorney. It is advisable not to sign any documents until you have spoken to an attorney. Please note that you are responsible for your attorney’s fees.
Pro Bono Attorneys:
You can request a list of pro bono (free or low-cost) attorneys from the immigration officer to assist you. These attorneys can provide legal counsel during immigration court removal proceedings.
Contacting Your Consulate:
You have the right to contact your home country’s consulate, which may be able to offer assistance with minor administrative matters, such as locating your identity documents.
What Happens After an ICE Arrest?
If you are arrested, you will likely be charged as deportable, released on bond, and scheduled to appear in Immigration Court for a Master Calendar hearing. The Notice to Appear (NTA) document will outline the charges against you, typically involving unlawful presence in the U.S.
At this juncture, if you believe you have grounds to defend against deportation, you can request a full court hearing, known as a “Merits Hearing.” Possible defenses may include seeking asylum due to a fear of persecution in your home country or establishing a legitimate marriage to a U.S. citizen.
What Happens to Children If ICE Arrests Parents?
Unfortunately, ICE’s track record in ensuring the welfare of children during parental arrests is not stellar. In preparation, it is essential to educate your children on where to go and whom to contact if you are not present at home as expected.
Consulting with an immigration attorney in advance can also prove prudent. This proactive approach allows you to arrange for someone to act on your behalf and locate your whereabouts if you are detained. Additionally, consider exploring options for guardianship or care for your children in case of parental arrest or deportation.
In conclusion, the process of deportation following a tip to ICE is multifaceted and uncertain. Understanding your rights and seeking legal counsel is paramount if you find yourself in such a situation. By staying informed and prepared, you can navigate these challenging circumstances with greater clarity and confidence.
For further assistance or legal advice regarding immigration matters, it is recommended to consult with an experienced immigration attorney who can provide tailored guidance based on your specific circumstances.
