Immigration Lawyer Notes
63 days and counting - get out
Day 63: Get your people the hell out immigration proceedings.
Absent unique situations, anybody without a solid case to move forward with a chance of getting their kicked should relentlessly work that angle. In 63 days, everyone will be a priority for removal - regardless of what the talking heads say. How do I know? 25+ years tells me so.
The biggest law enforcement agency in the US — the DHS — has NO one reliable, comprehensive, database system. There is one used for border encounters, one at the consulate, one has all the information for stuff like naturalization and legalization applications, and one for all the court materials. There is another for ICE. So, what are the many “investigative processes” that “Border Czar” Holman says will lead to these “targeted” arrests? Old data. As old as 10 years old.
An old criminal record will send ICE to an old residence. Likely to a house in an immigrant community. Probably where a new family lives. You can see how this plays out, right? ICE comes to the door, says they are the “police” says they have “warrant” (an administrative warrant - so, basically, NOT a warrant as it is not signed by a real judge who is in a real court under Article III of the constitution), get folks to open the door and then wham!
“Where were you born?” ICE asks. If anybody answers with any other country than the United States, ICE has probably cause (they say) to arrest, detain and refer the person to deportation proceedings (its actually called “removal” proceedings now, but lets speak plainly, yes?). That happens to everyone in the house.
Unlike a rationally thinking criminal prosecutor who strategically decides where to use their limited resources to make arrests, ICE won’t be directed to do that. Not at all. They will make all “collateral” arrests to a target — even if the target has not been at the residence for years and has zero relationship to the people who now live at that address —- except, that that house may also include non citizens…and that is good enough.
So, that’s how it happens. That’s how your “targeted arrest” becomes a mass sweep. That’s how the “cute old lady who makes those great tamales every Sunday” gets deported. That’s how “the nicest, hardworking guy on my crew” gets deported. That’s how “the best player on our soccer team who is so responsible with his younger sister” gets deported. Oh, them, and all their U.S. Citizen family, too if the Czar has his way.
For now, immigration attorneys and DHS are operating under a directive to ICE that it prioritize criminals — for real. So, negotiating dismissal or other favorable resolution remains possible; for the next 63 days, at least.
Maria E. Andrade
Writing from Tucson, AZ