In light of the surge in immigration arrests —ICE surpassed 10,000 arrests in just five days, as reported by The New York Times on Wednesday—, immigration lawyer Wilfredo Allen III explained in an interview with Tania Costa for CiberCuba what documents immigrants should have prepared and how to behave if an ICE agent intercepts them.
The first thing Allen III recommends is to have your paperwork organized before any appointment or meeting with the agency.
"Basically, it is necessary to have any document that can demonstrate that someone entered legally or that someone is in a legal process," the lawyer summarized.
Among the key documents mentioned are the passport from the country of origin, a U.S. identification document such as a driver's license or work permit, the receipt for the residency application if it is pending, a copy of the parole, and for those who have applied for asylum, a copy of that application along with the receipt confirming that it was submitted within the first year in the country.
The reason for having all of this ready is practical. "Once a person is detained, it becomes much more difficult to obtain the documents," Allen III warned.
If the immigrant gets to speak with an agent, the lawyer advises being clear about three points: how they entered the country, what immigration processes are active, and whether they are in court.
"It is obviously necessary to clarify how they entered the country, what issues are pending, whether they are in court, evidence that is already in court as part of a process, that they possibly do not have a criminal record, and one must safeguard the passport to demonstrate their origin," he explained.
For those who need to attend an appointment where they only have to scan the barcode, Allen offered a reassuring piece of information, though with some nuances.
"I can't say that 100% of the time it goes this way because obviously you never know what might happen. But in my experience, I've never seen anyone come in with the barcode and get stopped. I advise not to do anything at the machine, just come in, say yes yes yes yes yes, and leave with your next appointment. Nothing has ever happened to them if you do it this way," he noted.
One of the lawyer's strongest pieces of advice is not to attend any appointments with ICE alone.
"If you go to an appointment with ICE, for example, bring someone with you to wait outside in the car. If you don’t come out, tell them to call a lawyer to try to help you," said Allen III, who added that his office visits ICE offices almost every day to accompany their clients.
This advice is particularly relevant at a time when the methods of detention have become more discreet. Following the change in leadership at the agency, ICE now operates at traffic checkpoints, immigration appointments, and offices, rather than conducting large public raids like the previous year.
In parallel, the Fifth Circuit Court of Appeals ruled on Wednesday, in a two-to-one vote, that ICE cannot detain immigrants for more than 90 days without holding a bond hearing, a decision that directly applies to Texas, Louisiana, and Mississippi.
Allen III described the decision as surprising and positive. "Something is better than nothing at the end of the day, but at least it shows that the issue is gradually shifting a bit and things are slowly working in our favor."
This Friday, a congresswoman conducted a surprise inspection at the ICE center in Miramar, Florida, denouncing extreme overcrowding and inhumane treatment, which reflects the growing pressure on detention facilities in the State.
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