A lesser-known aspect of the raids and operations conducted by U.S. Immigration and Customs Enforcement (ICE) is the so-called "collateral arrests."
Esther Valdes-Clayton, an attorney specializing in immigration matters, explained that a collateral arrest occurs when ICE agents detain immigrants who are not necessarily the primary target of an operation, but are present at the location during the intervention.
Those immigrants may not have pending deportation orders, but when detected by ICE, their irregular immigration status makes them targets for detentions.
Fundamental rights in the face of collateral arrest
In an interview with Telemundo 51, Valdes-Clayton reminded us that, despite the fear and uncertainty that an ICE intervention can cause, undocumented immigrants also have constitutional rights in the United States.
Among them are:
- The right not to open the door to ICE agents, unless they present a court order signed by a judge. The document must specify the name of the person being sought, as well as the address and relevant details.
- Right to remain silent and not to provide information without the presence of your lawyer.
Risks of sharing housing with other undocumented immigrants
The expert warned that sharing a living space with other undocumented individuals can increase the risk of collateral arrest, especially if someone in the household has a criminal record or a prior deportation order.
"If you share a house with someone who is also undocumented, I recommend being open and honest with that person. If you know that you have a criminal record or a deportation order, you are more exposed if you live with someone who has already been deported," he detailed.
Recommendations to be prepared
Valdes-Clayton offered some guidelines that can help immigrants protect themselves and better face these situations:
- Always carry important documents with you. This applies even to those who have a green card or permanent residency.
If the person has already filed a petition with USCIS, it would be very helpful to bring copies of the submitted receipts to show that they are in a legal process.
- Obtain a legal representation letter. If you have a lawyer, it is advisable to have a letter that confirms this. In case of being detained, show it to the officers indicating that any communication should be conducted through the lawyer.
Clearly state: "I have legal representation, I do not want to speak with anyone."
- Never present false documents. The lawyer emphasized the importance of being honest and acting in accordance with the law, avoiding the use of unlicensed notaries or advisors.
- Consult with a lawyer if you are in the process of legalization. If a person has a court date pending or an ongoing immigration process, this could help halt a deportation process.
Valdes-Clayton recommended that anyone who believes they can legalize their status in the country consult with a licensed immigration attorney to assess their case and obtain proper legal representation.
This could make a difference in complicated situations like a collateral arrest.
Frequently Asked Questions about ICE's Collateral Arrests and Immigrant Rights
What is a collateral arrest by ICE?
A collateral arrest by ICE occurs when agents of the Immigration and Customs Enforcement detain immigrants who are not the primary target of an operation, but who are present at the location during the intervention. These immigrants may be detained due to their irregular immigration status, even if they do not have pending deportation orders.
What rights do immigrants have in the event of a collateral arrest by ICE?
Immigrants, regardless of their status, have certain constitutional rights in the United States. These include the right not to open the door to ICE agents without a valid judicial warrant, the right to remain silent and not provide information without the presence of an attorney, and the right to request communication with their attorney.
How can immigrants prepare for potential ICE operations?
It is recommended that immigrants always carry important documents with them, such as copies of petitions submitted to USCIS, and obtain a letter of legal representation confirming that they have an attorney. They should never submit false documents and must act in accordance with the law. Consulting with an immigration attorney is crucial for those who are in the process of legalization.
What risks are there in sharing housing with other undocumented immigrants?
Sharing a home with other undocumented individuals can increase the risk of collateral arrest. Especially if someone in the household has a criminal record or a prior deportation order, all residents face the risk of being detained during an ICE operation.
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