| Lately, my immigration clients who live in various | | | | negative light. |
| parts of Southern California have started asking more | | | | Be careful what you sign. It's best not to sign any |
| frequently, "What happens if I get arrested?" | | | | paperwork other than requests to speak to an |
| Earlier this week, the U.S. Immigration and Customs | | | | attorney and to present your case to an immigration |
| Enforcement (ICE) set forth new guidelines for when | | | | judge. |
| to detain and when to release permanent resident | | | | According to new immigration rules, after the offices |
| applicants. Yet, you could throw away your | | | | study your immigration history, you may be released |
| opportunity to become a permanent resident in the | | | | from custody and the case against you may be |
| near future if you do not know what to do when | | | | dropped. But only some immigrants will qualify for |
| you are arrested. | | | | such lenient treatment. |
| Three different stages from arrest to detention | | | | If you sign the wrong documents, you could be |
| exist. How you handle each step is important to | | | | throwing away your chances to legally stay in the |
| protecting your immigration dreams. First, if you are | | | | U.S. |
| stopped by law enforcement, how should you react? | | | | Unfortunately, there have been situations reported |
| Second, if you are transferred to immigration | | | | where immigrants felt pressured and intimidated to |
| custody, what steps should you take? Last but not | | | | answer questions and sign away their rights to go to |
| least, if you have to spend time in immigration jail, | | | | immigration court. They were told their case is too |
| what type of actions should you take? | | | | hard. They were informed that while they could fight |
| I've seen many cases, being an immigration attorney, | | | | their cases, they may have to remain in jail for a long |
| where this feared scenario becomes a reality in a | | | | time, maybe years, until the fight is over. |
| sudden and unexpected fashion. So it's good to have | | | | These situations do not happen often. But they do |
| some tips to guide you if, and when, you ever end | | | | happen - and you need to know about them in |
| up in this situation. | | | | advance. Just in case. |
| It often occurs due to simple infractions. Maybe a | | | | Don't despair if you're forced to spend time in a |
| rear turn signal stopped functioning correctly. A police | | | | government detention center. Sometimes detainees |
| officer pulls you over to cite you for the minor | | | | will provide suggestions for possible actions to take. |
| infraction. He wants to see your identification card. | | | | Doing what others have done may not work for you |
| If you are detained by law enforcement officers, the | | | | - and it make your situation worse. |
| number one key is don't panic. Even if you lack a | | | | You might have to stay incarcerated longer than |
| green card, you are protected by the U.S. | | | | expected. Immigration detention policies are stringent, |
| constitution. You have the right to remain silent. If | | | | despite the new regulations. You will need to be |
| you choose to remain silent, tell the officer in a clear | | | | patient. |
| manner. | | | | Call a family member - your spouse, your sibling, or |
| On the other hand, if you share information, do not | | | | your cousin - and ask for their help in locating an |
| give any false or misleading details. This can make | | | | immigration deportation defense expert. |
| things worse. | | | | Most likely, you want to wrap things up quickly. In |
| Whatever you do, stay calm and polite. | | | | most cases, a solid defense cannot be constructed |
| The second stage begins when you are transferred | | | | at a moment's notice. After all, although you may |
| to immigration officials. | | | | qualify for a green card, your lawyer still has to |
| Usually, immigration officers can hold you for 48 | | | | document your eligibility before you will be granted |
| hours without officially charging you with any | | | | immigration benefits. (Each immigration application |
| immigration violations. Under special circumstances, | | | | costs several hundred dollars, so your relatives may |
| this time frame can be extended. | | | | need extra time to collect money to pay your fees!) |
| While you're in immigration custody, officers have a | | | | You may be sent to immigration court. In my |
| tendency to ask you the same questions several | | | | experience, most immigration cases are far more |
| times. Once more, you should refrain from discussing | | | | difficult than clients realize. Despite the difficulty of |
| too much information. Tell the officer you want to | | | | winning immigration court hearings, nearly 60% of |
| talk with an immigration lawyer before answering any | | | | immigrants go to immigration court without an |
| questions. | | | | attorney. With so much at stake, it is too dangerous |
| Why should you refrain from saying much? | | | | to fight on your own. |
| Immigration law is complex. Because immigration rules | | | | It's my hope you won't ever need to use this advice. |
| are complicated, you might misstate important details | | | | But if you are ever arrested - follow these simple |
| about your case. It's simply not wise to provide | | | | steps and you'll improve your chances of winning |
| information subject to being wrongly viewed in a | | | | your immigration case. |