What Is the Present Deportation Policy for Criminal Charges or Convictions Under the Biden Administration?
The Immigration and Nationality Act, which is the statute that sets out which criminal offenses would get a non-citizen removable, has not changed under the Biden administration. Therefore, there is a variety of crimes that a person who’s not a citizen of the US can commit that will put them at risk of being removed from the United States. While the law remains the same, implementation of those laws within the Biden administration has become a little more flexible or immigrant-friendly, thanks to the new administration instructing Immigration agencies to use their discretion and prioritize the apprehension of certain criminal aliens.
What Rights Does a Criminal Defendant Have While They Are in ICE Custody?
There are certain rights that a non-citizen has whenever they are being detained or are in the process of being removed. One of those rights is the right to legal representation at no expense to the government. There are no government attorneys like in the criminal system that will represent a person at no charge. When a person is detained with immigration authorities, they can contact our law office to begin investigating the case.
Can You Have Any Contact with Family or Friends While You Are in ICE Detention?
It’s important to know that immigration detention and immigration proceedings are civil in nature, so there are due process and protections for the individuals built in throughout the entire process. The immigration court will not proceed until the non-citizen in removal proceedings has been properly notified of his right. Sometimes, those rights are provided in writing so the non-citizen knows their basic rights in removal proceedings such as: the right to an attorney, the right to examine and object to any evidence against them, the right to confront any witnesses in the courtroom, and the right to submit evidence and receive evidence from the Department of Homeland Security. If you are put in this process, you have the right to defend yourself and are afforded several rights to ensure a fair proceeding.
What Is the Timeframe for Resolution of a Criminal Case Related to Immigration?
A routine removal case is typically very fast-paced, just by the nature of the person being detained. Typically, a person will be informed of their right to hire an attorney and will be given a reasonable amount of time to look for one. After that reasonable time has elapsed, then they will be required to proceed on their own. There is plenty of notice for a person who is detained to look for an attorney because the system is designed to give a person the opportunity to get better representation.
How Does Someone Know If They Are in Danger of Being Deported?
If a person is in danger of being deported, they will usually receive a formal notice in person or through the mail after being detained or after an interview or an investigation. The notice is essentially a charging document that contains allegations against them. It will state that the person is not a citizen of the United States but a citizen of another country and then will go on to state the specific allegations and grounds that the Department has determined are applicable to that specific person’s case. Not only are criminal charges grounds for removability, but there can be other situations and scenarios where a person ends up in deportation or removal proceedings outside of the criminal context.
What Are My Rights If ICE Comes to My Home or a Public Place and Confronts Me?
Generally, there has to be some sort of written notice for ICE to speak to or seize a person. That is to protect your rights. If there is a complication with the written notice, you’ll still be required to speak to them in the future once they’ve gotten warrants or whatever paperwork they need to induce that. Should you waive your right or should they give you a warrant, you’ll have to speak to them.
What Are Common Reasons for Deportation or Removal Proceedings to Be Initiated?
Criminal arrests are a common reason for removal proceedings to be initiated. Recently, though, misrepresentations in past immigration applications have somewhat surpassed criminal proceedings as the most common reason. If somebody was accused of marriage fraud or misrepresenting a past marriage or of declaring citizenship when they are not citizens, those are grounds that could possibly land a person in immigration court facing removal.