In the United States, many immigrants live here with fake documents or without any papers at all. For those who have built a life and contributed to society without any criminal records, deportation seems unlikely. However, anyone can report them to the Department of Homeland Security or Immigration and Customs Enforcement (ICE), which can lead to serious consequences. This deportation risk in the U.S. article will explain what happens next and whether deportation could be a possibility.
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.
Your Rights When Stopped by ICE
- Right to Remain Silent:
- You are not obligated to answer any questions from ICE agents. Politely state that you wish to remain silent and ask if you are free to leave. If they say no, reiterate your desire to remain silent and request a lawyer.
- Right to Legal Counsel:
- You have the right to speak with an attorney. If detained, ask to contact your lawyer immediately. If you don’t have one, request a list of pro bono lawyers or contact your consulate for assistance.
- Right Against Unreasonable Searches:
- You can refuse consent for searches of your person or belongings unless ICE has a warrant. If an officer conducts a pat-down for weapons, you can still assert your rights and ask what justifies the search.
- Right to Refuse Identification Requests:
- You do not need to provide identification documents that indicate your country of origin or answer questions about your immigration status or birthplace.
- Right to Not Sign Documents Without Understanding Them:
- Do not sign any documents until you have consulted with a lawyer and fully understand their implications.
Recommended Actions During an Encounter
- Stay Calm: Remain composed to think clearly and assert your rights effectively.
- Ask if You Are Free to Leave: If the answer is yes, you can walk away.
- Use a Know-Your-Rights Card: If you have one, show it to inform the officers that you will remain silent and wish to consult a lawyer.
- Do Not Lie or Present False Documents: Providing false information can lead to serious legal consequences, including deportation.
- Avoid Physical Resistance: Do not run or physically resist if approached; instead, calmly assert your rights.
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.
Factors Contributing to Deportation Risk
Criminal History:
Individuals with criminal records are at a heightened risk of deportation. For instance, a recent case involved Denon Amen Osunde, a Nigerian national removed from the U.S. due to multiple convictions, including assault and battery. He had initially entered the U.S. on a visitor visa but failed to comply with its terms, leading to his removal order being enforced after he applied for re-entry in 2022.
Immigration Violations:
The Immigration and Nationality Act (I.N.A.) outlines specific grounds for inadmissibility that can lead to deportation. These include overstaying visas or entering the U.S. without proper documentation. If an individual is removed for serious offenses, such as aggravated felonies, they may face a 20-year ban on reentry.
Policy Changes:
Recent changes in immigration enforcement policies have also impacted many noncitizens, including Nigerians. For example, international students faced potential deportation if their universities switched entirely to online learning during the COVID-19 pandemic. This situation highlighted the precarious status of many Nigerian students studying in the U.S., as they constitute a significant portion of the international student population.
Children and DACA:
Thousands of Nigerian children are at risk of deportation due to the repeal of protections like DACA (Deferred Action for Childhood Arrivals). This policy change has left many young immigrants vulnerable to removal from the U.S.
Reentry After Deportation:
Those who have been deported may apply for reentry using Form I-212, but approval is not guaranteed and depends on various factors such as family ties in the U.S., rehabilitation efforts, and moral character.
In conclusion, the process of deportation risk in the U.S. 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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to help you understand and address deportation risk in the U.S. Whether you’re seeking to evaluate your situation or need assistance with your Temporary Protected Status (TPS) application, we handle every step—from assessing your risk factors to preparing the necessary documents and providing guidance throughout the process.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients with Deportation Risk in the U.S. Call us today at +234 812 5505 986 to learn how we can assist you.
