What happens when someone informs US immigration officials that an immigrant is undocumented in order for them to be deported?
Many illegal foreign-born people live and work in the United States. If they follow the rules and establish familial links in the United States, immigration officials may not disturb them. However, an arrest might occur at any moment, potentially as a result of someone deciding to phone US immigration officers and inform them in order to have them deported. What is likely to happen next if that occurs?
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Can I be deported if someone informs ICE?
You are at danger of being contacted by U.S. immigration officials if someone approaches you; maybe an employer who refuses to pay you or a neighbor with a grudge (specifically, Immigration and Customs Enforcement, or ICE). Nothing, however, will happen instantly or automatically.
What Will ICE Do Now That They’ve Been Warned?
The first question is whether ICE will act on this tip. They lack the resources to investigate every tip they get. They may just disregard it.
ICE officers are supposed to follow a protocol in which they examine each individual case and determine whether or not to use “Prosecutorial Discretion.” This means that they look at the individual’s or family’s situation—their history of responsible employment and family life in the United States, as well as familial links to U.S. citizens—and occasionally decide not to commence removal (deportation) procedures against them.
The aim was that ICE would target government resources toward persons who had committed crimes, presented security problems, or were generally bad elements in American society. Even though ICE has already initiated court procedures, they may exercise Prosecutorial Discretion to terminate them and, in certain situations, enable the individual to acquire a work visa.
Is ICE responsive to public tips?
That brings us back to the issue of whether ICE has the resources to follow up on each tip. It still doesn’t work. But, as you’re probably aware, it’s all a game of luck at this point.
Agents may arrest you and/or your illegal family members if ICE attempts to deport you.
What Happens Following an ICE Arrest?
Following an arrest, you will most likely be charged with deportability, released on bail, and instructed to appear in Immigration Court on a certain date. The Notice to Appear, or NTA, will outline the allegations against you (most likely that you are in the United States illegally) and set a date for your initial court appearance, known as a Master Calendar hearing.
If you have any deportation defenses, you may request a full court hearing at a later date (called a “Merits Hearing.”) For further information, see Possible Defenses to Deportation of an Undocumented Alien, which include things like fear of persecution in your home country, which may give rise to an asylum claim, or marriage to a U.S. citizen.
What Happens to the Children If the Parents Are Arrested by ICE?
This government agency has a poor track record of ensuring that children are cared for in such circumstances. Make sure your kids know where to go and who to call if you don’t get home on time.
It may be prudent to counsel an immigration attorney about your position in advance, so that you have someone in place who can begin working on your behalf and determining where you are being kept.