Immigration Arrest. What Should You Do?
April 20, 2023
Immigration arrests and deportations are serious issues in Texas. In the fiscal year 2022, U.S. Immigration and Customs Enforcement (ICE) reported 142,750 immigration arrests and 72,177 deportations. These figures represent a 93% and 22% increase from the fiscal year 2021. That is why newcomers to the U.S. must get the right legal representation to protect their rights.
At the M Mathew Law Firm, I believe in doing the utmost to protect people’s rights. I strive to provide professional legal counsel regarding immigration and deportation matters to the people of Dallas, Texas. I proudly serve the communities of Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite, as newcomers strive to become a part of this great country.
Common Reasons for Immigration Detention in Texas
Immigration detention or arrest refers to the arrest of non-citizens by the U.S. government to enforce immigration laws. In Texas, as in other parts of the U.S., individuals may be detained by immigration authorities for a variety of reasons, including:
Entering the U.S. without proper documentation. This situation is one of the most common reasons for immigration detention in Texas. Individuals who enter the U.S. without proper documentation or authorization may be subject to detention and removal proceedings.
Overstaying a visa. Individuals who enter the U.S. on a visa and then stay beyond the authorized period may also be subject to detention and removal proceedings.
Criminal convictions. Non-citizens convicted of certain crimes may be subject to immigration detention and removal proceedings, even if they have lived in the U.S. for many years.
Violating immigration laws. Non-citizens who violate immigration laws, such as by working without authorization or committing fraud, may be subject to detention and removal proceedings.
Asylum seekers. Asylum seekers who arrive at the U.S. border seeking protection may be subject to detention while their cases are being processed.
It is important to note that not all non-citizens detained by immigration authorities are subject to removal or deportation. Some individuals may be released on bond or other conditions. In contrast, others may be granted relief from removals, such as asylum or other forms of protection.
Individual Rights if Arrested
All individuals in the United States, regardless of immigration status, have certain basic rights when arrested by law enforcement. Here is what to do if you are arrested or detained by immigration:
Individuals have the right to remain silent and not incriminate themselves. They do not have to answer questions or provide information to law enforcement.
Individuals have the right to an attorney and should ask for one immediately if they are arrested. If they cannot afford an attorney, one will be provided.
Individuals have the right to be free from unreasonable searches and seizures by law enforcement.
Individuals have the right to be informed of the charges against them, and the evidence law enforcement has against them.
Non-citizens arrested have the right to a hearing before an immigration judge to determine their immigration status and any potential deportation.
Non-U.S. citizens have the right to contact their consulate or embassy for assistance.
It is recommended to seek the advice and representation of an experienced immigration attorney who can help protect your rights when you are arrested or detained by immigration while providing guidance throughout the legal process.
What Individuals Must Do if Arrested
If immigration authorities arrest an individual, they should take the following steps to protect their rights and increase their chances of a successful outcome:
Remain calm and exercise their right to remain silent. It is important to remain calm and not provide any information to law enforcement until they have an attorney present.
Ask for an attorney. Individuals have the right to an attorney and should ask for one immediately. If they cannot afford an attorney, one will be provided.
Provide basic identifying information. Individuals should provide their name, date of birth, and country of origin. Still, they do not have to answer any other questions.
Refuse to sign any documents without an attorney present. Individuals should not sign any documents without an attorney present, as they may be waiving important rights.
Contact their consulate. Non-U.S. citizens have the right to contact their consulate or embassy for assistance. They should do so as soon as possible.
Gather important documents. Individuals should gather important documents, such as their passport, birth certificate, and any immigration documents, to provide to their attorney.
Contact an experienced immigration attorney. It is recommended to seek the advice and representation of an experienced immigration attorney who can help protect their rights and provide guidance throughout the legal process.
What Happens Following an Immigration Arrest?
Following an immigration arrest, the individual will typically be taken into custody and held in an immigration detention facility while their case is being processed. Immigration authorities will investigate the ICE detainee’s immigration status and whether they should be removed from the country.
The individual will have the opportunity to appear before an immigration judge to contest their detention or deportation. They may also be able to request a bond, which would allow them to be released from detention while their case is pending.
During this time, the individual should work with a knowledgeable attorney to understand their legal options and develop a strategy for defending their case. This situation may involve gathering evidence, filing motions, and advocating for the individual’s release from detention.
If the individual is found to violate immigration law and ordered removed from the country, they may have the option to appeal the decision or request relief from removal, such as asylum, cancellation of removal, or adjustment of status.
Get Help From a Trusted Attorney
Call Kavi Mathew to get a trusted immigration attorney on your side. Don’t go at it alone. Get a top immigration attorney on your side, so call to get the legal representation you deserve today.