ICE Enforcement

During the Obama administration, Immigration and Customs Enforcement (“ICE”) targeted criminally convicted immigrants. Those considered a threat to national security were likewise prioritized by ICE. Individuals with criminal records, gang members, or suspected terrorists were the most commonly targeted for deportation by ICE.

So-called unlawful immigrants were often people with no severe criminal background or negative immigration history. ICE did not target them for deportation. Today, the Department of Homeland Security no longer exempts some groups of people from possible enforcement, putting them at risk of imprisonment and deportation. ICE now prioritizes individuals to deport who are:

• Not allowed due to fraud, criminal activity, or concerns over national security,
• Have mistreated any governmental assistance program
• Have received a final order of removal but have not yet left the country
• More significantly, enforcement will now concentrate on people who have been charged with or convicted of any criminal violation or who have engaged in conduct that qualify as criminal offenses.

Why Do Immigrants Need to Worry?

This fourth group (above), individuals who have done acts constituting a criminal charge, is especially troubling for people who do not have legal immigration status or may be lawful under deferred action in the United States, because it may include small offenses such as a traffic ticket.

It may also refer to those who entered the United States illegally (“illegal aliens”). This means that there are no longer any relevant ICE enforcement priorities; under the new policy, every “illegal immigrant” is a priority.

Of course, a significant shift in immigration policies and an expansion of enforcement priorities necessitates resources that the Department of Homeland Security and immigration services simply do not have, and they will not receive them unless Congress decides to increase funding, most likely as part of comprehensive immigration reform.

Meanwhile, just as before, USCIS officers must exercise prosecutorial discretion in determining how immigration detention and deportation will take place.

Unauthorized immigrants who are residing in the US may occasionally be apprehended by Immigration and Customs Enforcement (ICE) and placed in danger of deportation. When detained, immigrants are given certain rights. Keep in mind that instances involving detention are best handled by our experienced ICE detention lawyers in Birmingham, AL.

Right to Be in Touch with Family and Friends

Detainees have the right to contact loved ones in the majority of cases. Individuals who are detained should do so as soon as possible. This will not only reduce tension but will also provide an opportunity to share information about the problem and seek legal or other types of guidance.

Individuals detained will be given one free local phone call. Following then, you or the person being called must pay for the cost of the call, either through an account, you set up or by dialing collect.

Furthermore, phone conversations may be subject to regulations governing who and when you may call, as well as how frequently and for how long you can communicate. Phone conversations with friends, for example, may be limited and monitored, but you may be allowed to communicate with our ICE detention lawyers in Birmingham, AL for extended periods and confidentially.

Right to Request Bail Release

When someone is released on bond, a deportation officer or a court allows them to leave ICE custody. However, the individual will still be required to attend court sessions and may be subject to certain regulations.

Certain persons, for example, may be barred from leaving the state. Detained persons are usually freed if the officer or judge deems they are not a risk to the community and will appear in court when scheduled.

Furthermore, a bond—a sum of money—will be required to be given by a person with legal status, such as a permanent resident or a US citizen, as a pledge that you would not attempt to avoid the legal processes. The cost of bail varies based on the region, the police, or the court, and can run into thousands of dollars.

Our experienced ICE detention lawyers in Birmingham, AL can assist imprisoned individuals and their families in negotiating the bail procedure. We will be able to argue on the detained individual’s behalf and may even be able to petition the judge to reduce the needed bail amount.

Right to Legal Representation

Being freed on bond makes it simpler to acquire legal representation in court to protect your rights. Even if you are not released, you have the right to representation. Individuals who are detained should only work with immigration lawyers.

Immigration attorneys are experienced with court procedures and may advise you on how to proceed to secure the best possible outcome. Once detained, your first goal should be to engage one of our ICE detention lawyers in Birmingham, AL.

Right to Obtain an Interpreter

Individuals detained have the right to an interpreter. Individuals detained in the United States may be tempted to pretend you understand to “prove” that they should be allowed to remain in the country. However, doing so may jeopardize their case. Mistakes made due to difficult communication can include:

• Waiving right to be considered for bail.
• Waiving right to legally defend yourself.
• Agreeing to an incorrect or false description of events.

ICE is supposed to offer an interpreter or documentation in the detained individual’s native language. Detained persons may need to request it. If they refuse, call one of our ICE detention lawyers in Birmingham, AL immediately.