For an undocumented immigrant, an ICE raid is nightmare fuel. Having their livelihood stripped from them right before their eyes is something that nobody should have to go through. However, this is a genuine scare for many. While nobody can predict an ICE raid, understanding the process and the rights available during these raids will help ensure the best possible outcome, should one ever find themselves in this situation.
At the Time of Arrest
ICE agents must wait for their “targets” to leave their homes on their own will, in order to make a proper arrest. Because of this, agents will often wait near the residence before sunrise to ensure they don’t miss the individual leaving. In the past, authorities have been known for deceptive acts to coax their targets into cooperating.
Common forms of this include:
Pretending to be looking for someone else
Acting as someone other than an ICE agent
These agents resort to these deceptive acts because, under the U.S. Constitution, individuals retain their right to remain silent and must consent to searches. One immigration advocate stated,
“If the person who is arrested says nothing and signs nothing, there is now the question of, ‘Is there any authority to arrest this person?’”
After Being Detained or Arrested
If the ICE agent has properly detained or arrested their target, they will then be taken to a local ICE office to be processed. This process may take a few hours as the officers must fill out paperwork and find a space in the local detention center. During this time, an attorney may file a motion to reopen the deportation case, which would immediately pause their deportation from the country. This is why it’s extremely important to reach out to an experienced immigration law attorney if you are at risk of being deported following an ICE raid.
The Detainee Is Deported
Depending on the steps taken following the ICE raid, there are two options available for the immigrants:
The immigrant will begin the deportation process. The length of this process will vary significantly from case to case and is highly dependant on where they are in the U.S. and which country they are being sent. For those in Central America, this process can take as long as four months.
The immigrant will be allowed to remain in the U.S. until a later date. When the immigrant worked with an attorney, they may be allowed to continue their stay in the U.S. Many times, ICE agents wrongfully detain and arrest undocumented immigrants. Working with a trusted team of immigration law attorneys will allow immigrants to have their rights protected at all costs.
At Maney | Gordon | Zeller, our team has been helping immigrants pursue their dreams of becoming American Citizens for over 40 years. We are dedicated to ensuring the best possible outcome for our clients.
Call us today (800) 708-4399 for more information on how we can help keep your dreams alive.