New York Lawyer's Legal Updates

Mystery Of Where One May Get Picked Up By ICE Uncovered

Author: Deportation attorney Alena Shautsova

Have you ever wondered how your friend or a friend of a friend all over sudden got picked up by Immigration? Often, it happens when an individual gets in trouble with the police. Criminal chargers, or even a traffic ticket may trigger checkups that would lead to removal proceedings being started. Most often, a person gets “picked up” at the location where he/she got into contact with the police, court, jail or home.

However, there are instances, when the Immigrants are being arrested by ICE in schools or hospitals. People ask me: is it allowed? Unfortunately, yes, it is allowed. However, it can be accomplished only if an approval by a supervisory official is obtained or if there are some urgent and exigent circumstances.

ICE and CBP officers may arrest and interview but may not be obtaining records, documents, and similar materials from officials or employees, providing notice to officials or employees, serving subpoenas, engaging in Student and Exchange Visitor Program (SEVP) compliance and certification visits, guarding or securing detainees, or participating in official functions or community meetings.

One may read the police on ICE enforcement priorities here:

Interestingly, that courthouses and ports of entry are not sensitive locations. Also, locations near ports of entry are exempt from this "protection".

Sadly, even if ICE officers violate their own policy, a person cannot sue them. This policy is more like guidelines, and not "the law".

However, the complaints may be submitted here: ICE Enforcement and Removal Operations (ERO) through the Detention Reporting and Information Line at (888)3514024 or through the ERO information email address at ERO.INFO@ice.dhs.gov, also available here. The Civil Liberties Division of the ICE Office of Diversity and Civil Rights may be contacted at (202) 732 0092 or ICE.Civil.Liberties@ice.dhs.gov.

One may contact the CBP Information Center to file a complaint or compliment via phone at 1 (877) 2275511, or submit an email through the website here.

22 July 2016
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