Understanding Immigration Detention: Who Is at Risk?

Horror stories about immigration arrest and detention are rampant. Immigration enforcement is a complex process. Many misunderstandings lead to misinformation. This creates devastating fear in immigrant communities. For instance, rumors suggest that anyone can be detained or deported at any time. They also say that people can easily “report” immigrants for removal. This blog post aims to clarify who is at risk and what to do if someone is reported.

Who Is at Risk of Detention and Deportation?

Not every non-citizen living in the U.S. is at risk of being detained and deported. ICE typically prioritizes enforcement actions based on certain criteria.

1. Criminal Convictions and Public Safety Risks

Individuals who have been convicted of crimes are at a higher risk. This includes individuals with felonies or crimes labeled as “aggravated felonies” under immigration law. Violent crimes, drug offenses, and fraud-related offenses fall into this category. Even some misdemeanors can trigger removal proceedings if they violate immigration laws.

2. Immigration Law Violations

People who enter the country illegally or overstay their visas can also face deportation. Enforcement priorities have shifted over the years. While previous policies focused on undocumented immigrants with criminal records, recent policies target those without legal status—even if they lack a criminal history.

3. Individuals With Final Removal Orders

Non-citizens with final orders of removal (deportation orders) from immigration court are at significant risk. If they remain in the country, detention and deportation become likely.

4. Visa Overstays

Those who entered the U.S. legally but overstayed their visas are subject to detention if encountered by ICE. Visa overstays contribute significantly to the undocumented population in the U.S.

What to Do If Someone Reports You to ICE

If you or someone you know has been reported to ICE, taking immediate and informed action is crucial.

1. Know Your Rights

Regardless of immigration status, everyone in the U.S. has constitutional rights, including:

• The right to remain silent: You don’t have to answer questions about your immigration status.

• The right to refuse entry: ICE cannot enter your home without a warrant signed by a judge.

• The right to an attorney: You have the right to legal representation. However, the government doesn’t provide free attorneys in immigration cases.

  
  

2. Seek Legal Counsel Immediately

Contact an immigration attorney or a nonprofit legal organization that specializes in immigration law. Do not sign any documents from ICE without legal consultation. These documents may be waivers of your rights or voluntary departure agreements.

3. Avoid Providing False Information

Never lie about your immigration status or provide fraudulent documents. This can lead to severe legal consequences and negatively impact your chances of obtaining relief.

4. Develop a Safety Plan

If you fear detention, consider the following:

• Identify a trusted person who can handle legal matters for you.

• Keep important documents like birth certificates, passports, and legal records in a safe but accessible place.

• Inform family members of their rights if approached by ICE.

  
  

Final Thoughts

The fear surrounding immigration enforcement often stems from misinformation. Understanding the facts about detention and deportation can empower individuals. It can help them make informed decisions and take proactive steps to protect themselves. If you or someone you know is at risk, legal assistance is crucial. A knowledgeable attorney can help navigate the complexities of immigration law. Knowing your rights and seeking professional guidance can make all the difference in facing these challenges with confidence. For accurate legal advice, consult Shan Potts Law Offices TODAY or call us on (323) 803-7147 for immediate assistance.