The immigration attorney Alex Calves warned about the increasing risks faced by immigrants when going to court, especially those who have been in the United States for less than two years.
In an interview with Univisión, he explained how in recent days there has been an increase in arrests made by Immigration and Customs Enforcement (ICE) officials immediately after an immigration judge closes a case.
"If you have been here for less than two years, the judge will close your case and, upon leaving the court, ICE will arrest you to begin an expedited deportation," Calves warned.
This practice is part of a strategy by the Department of Homeland Security (DHS), aimed at accelerating deportations by first eliminating active cases in the courts, which prevents access to an additional hearing.
The lawyer emphasized that, although closing the case may seem like good news, it is often a tactic to facilitate the immediate detention of the immigrant.
“Yes, you can appeal the detention and request bail, but a court of appeals has already ruled that those who have been in the country for less than two years do not qualify for bail,” he clarified.
In this scenario, Calves recommends that migrants with open cases seek legal assistance to explore alternatives such as attending virtually.
"Many judges are accepting hearings via Webex, but if ICE already has plans to close your case to arrest you, they are likely to deny the request for a virtual hearing. It's best for the attorney to appear on your behalf," he noted.
He also explained that lawyers have little leeway at the exact moment of arrest, especially if it occurs in the context of an interview with ICE or in criminal courts.
In those cases, he indicated, only appeals in federal courts or subsequent motions for bail can be filed.
The lawyer's warning arises in a context of growing concern in cities like Miami, where Cuban citizens have been arrested in courts after their cases were dismissed. These operations are part of a more aggressive policy that is also being promoted in other cities across the country.
“The agents already know exactly who they are going to arrest and have arrest warrants ready,” stated another lawyer, Antonio Ramos, who also advises requesting virtual hearings as a possible means of protection.
Calves concludes that it is vital to have legal representation and to stay informed about changes in immigration policies. "You have to be cautious because you could be arrested," he warned immigrants.
Frequently Asked Questions about ICE's Arrest and Deportation Strategy
What is ICE doing after a judge closes an immigration case?
ICE is arresting immigrants immediately after a judge closes their cases. This tactic is part of a strategy by the Department of Homeland Security (DHS) to expedite deportations by eliminating active cases in courts and applying expedited removal procedures to those who have been in the country for less than two years.
How does expedited deportation affect immigrants in the United States?
Expedited deportation allows for the quick removal of an immigrant without a full hearing. This primarily affects those who have not applied for asylum or cannot demonstrate a credible fear of persecution, thereby restricting access to due legal process and increasing the risk of unfair deportations.
What recommendations do lawyers make for migrants with open cases before ICE?
Lawyers recommend seeking legal assistance and considering appearing virtually. However, if ICE is already planning to close the case in order to proceed with an arrest, virtual hearing requests may be denied. It is crucial to have legal representation and to stay informed about changes in immigration policies.
What should immigrants do if ICE knocks on their door?
Immigrants have the right not to open the door or answer questions if ICE comes to their door. If the agents do not have a warrant signed by a judge, they cannot enter without permission. If the agents present an administrative warrant, it is important not to allow them entry.
Filed under:
