One of the greatest fears that undocumented immigrants face is being arrested by Immigration and Customs Enforcement (ICE). Often, this fear comes from the belief that they will automatically be deported back to their home country without any relief.
Deportation has very real consequences. You can lose your liberty by sitting in jail while your immigration case is processed in court. You might lose your employment, business, property, or contact with your family. In some cases, your family might suffer from the loss of support that you previously offered them.
Deportation, or removal, occurs when the federal government removes an undocumented immigrant from the United States. If an immigrant is arrested by ICE, and a hearing has been granted, an immigration judge will be the deciding factor that determines whether the removal proceedings should resume or be reversed.
The Oak Brook deportation process is complex, and the stakes are undeniably high. Legal representation may be essential to develop an aggressive deportation defense strategy, present the best possible case in front of an administrative judge, and preserve the rights of the defendant.
There are numerous ways an immigrant can come into the custody of ICE. One situation may involve officers entering a workplace during a raid or even within a home. Additionally, the initial arrest may not come from ICE but from another law enforcement agency such as the police department, following a traffic violation or criminal arrest.
Upon arrest, the police may decide to contact ICE if they believe the individual is undocumented. This may occur when the detainee’s information is placed into databases shared with ICE. Following this, ICE will proceed to file a “detainer” which essentially means a request to interview the detainee at a later time to determine whether removal proceedings are applicable.
However, according to the Illinois TRUST Act, a law enforcement official shall not detain any individual solely on the basis of their perceived immigration status. Law enforcement officials must also act in good faith in compliance with this section. This is not always the case though, as proven by the large number of recent arrests. A knowledgeable Oak Brook attorney could help with this part of the deportation process.
An ICE deportation officer will make an initial determination, following the arrest, as to whether the detainee should be placed into removal proceedings. A charge will be presented which is most often unlawful entry into the United States or one of various criminal grounds, if applicable.
To initiate removal proceedings, the immigrant will receive a Notice to Appear (NTA) that lists all immigration-related charges. The individual then has the right to see an immigration judge, who is part of the U.S. Department of Justice and is mandated to provide the defendant with a fair trial.
Note that the fight is not over once removal proceedings have occurred. If the individual does not agree with the charges, they can be fought in court. In total, the removal proceedings can be a lengthy and tiresome process, sometimes taking years to proceed. Additionally, there are other ways undocumented immigrants may be eligible for relief from removal.
If the individual is subject to mandatory detention under INA 236(c) then he or she will have to litigate his or her case from immigration detention. You should speak to an experienced lawyer in Oak Brook to evaluate whether you are eligible for an immigration bond during the deportation process.
Immigration matters require strict adherence to application guidelines, time schedules, and qualifications. The complex nature of immigration and naturalization laws regarding the Oak Brook deportation process can prove to be too much for families facing this issue.
Understanding both legal rights and options may reverse the removal proceedings and return a beloved help you or a family member return home. To learn more about how a hardworking attorney could help, contact us today to set up a consultation.
