What happens after someone notifies U.S. immigration authorities that an immigrant is unlawfully in the country? Will that person get deported immediately? Presently, thousands of foreigners live and work in the United States. Once individuals are generally law-abiding citizens and form family ties here in the U.S. immigration authorities might not bother them. However, an arrest is likely to happen anytime, possibly because someone decides to inform U.S. immigration officers and tips them off, in an effort to have them deported.
Can a Person Get Deported If Someone Alerts Immigration and Customs Enforcement?
There is a high probability that you might be at risk of getting deported. Perhaps an employer does not want to pay you, or if you as a foreign spouse is in an abusive relationship or a neighbor who holds a grudge against you calls on U.S. immigration authorities (ICE) and wants you removed from the country.
After Being Alerted Will ICE Take Action?
ICE agents are required to follow a policy in which they take a closer look at each individual case and decide whether to exercise something known as “Prosecutorial Discretion.” Prosecutorial Discretion means that they review the individual’s or family circumstances like their history of responsible work and family life in the U.S and family ties to U.S. citizens and occasionally choose not to initiate removal proceedings against such persons.
ICE has a plan that is designed to direct government resources at people who have committed crimes or present security risks or are otherwise negatively affecting U.S. society. Even if ICE has already set court proceedings in motion, they have the authority to use Prosecutorial Discretion to close them and in certain cases even allow the person to obtain a work permit.
What are My Rights if ICE Stops Me or Approaches Me While Out in Public
The U.S. Constitution affords you particular rights even if you are unlawfully present in the country. If you are approached by immigration authorities, compose yourself and do not panic. You have the right to ask the ICE officer whether you are free to leave. If the officer says you are not free to leave, you have the right to remain silent. You may refuse to show identity documents that state which country you are from, but do not give misinformation or show false documentation such as a fake passport or social security card.
Once you have been arrested and taken into custody you do not have to consent to a search of your person or your belongings; however, an ICE agent who believes you have a weapon may frisk you. Remember that if an ICE agent arrests you and puts you in detention, you have the right to contact an immigration lawyer and you do not have to sign any documents until you speak with an attorney. You also have the right to contact your home country’s consulate as they might be able to offer you some help.
After an ICE Arrest What Will Happen to Me
You will be charged with being deportable, released on bond and then given instructions to appear before an immigration court as soon as you have been arrested by the ICE agency. A document known as a Notice to Appear (NTA) will be issued to you and this document describes the charges made against you about your unlawful presence in the U.S and a date is written for your first court appearance known as a Master Calendar Hearing. If you have any convincing arguments that you are deserving of staying in the U.S. ask an immigration attorney to help you.
An Immigration Attorney Can Help You
It is in your best interest to request to contact an immigration attorney for help as soon as you have been arrested. You can call Gambacorta Law Office at 847-443-9303 or have a family member do all the communication and our team of attorneys will gladly assist you.
