Immigration attorney Alex Calves has raised concerns about the increasing risks immigrants face when attending court hearings, particularly for those who have been in the United States for less than two years. In a conversation with Univisión, Calves highlighted a recent surge in arrests by U.S. Immigration and Customs Enforcement (ICE) agents immediately following the closure of cases by immigration judges.
"If you've been here for less than two years, once the judge closes your case, ICE can arrest you as you leave the courthouse to initiate expedited deportation," Calves warned.
Understanding the Strategy Behind Case Closures
This approach is part of a strategy employed by the Department of Homeland Security (DHS) aimed at expediting deportations by first closing active cases in the courts, thereby preventing access to further hearings. Although closing a case might initially seem favorable, Calves stressed that it often paves the way for the immigrant's swift detention.
"While you can appeal the detention and request bond, an appeals court has already ruled that those in the country for under two years do not qualify for bond," he explained.
Navigating the Legal Landscape
Given these circumstances, Calves advises immigrants with ongoing cases to seek legal counsel to explore options such as virtual appearances. "Many judges are accepting hearings through Webex, but if ICE plans to close your case to detain you, they may deny the virtual hearing request. It’s best for a lawyer to appear on your behalf," he suggested.
Calves also noted the limited options for attorneys at the moment of arrest, particularly if it occurs during an ICE interview or in criminal courts. In such situations, only federal court appeals or subsequent motions for bond can be pursued.
The Impact on Communities
This warning comes amid growing concerns in cities like Miami, where Cuban nationals have been arrested in court following the dismissal of their cases. These actions are part of a more aggressive policy being implemented in other cities across the nation.
"The agents already know exactly who they are going to detain and have arrest warrants ready," stated another attorney, Antonio Ramos, who also recommends requesting virtual hearings as a potential protective measure.
Calves concludes that having legal representation and staying informed about immigration policy changes is essential. "You need to be cautious because they can arrest you," he cautioned immigrants.
Key Questions About ICE's New Tactics
What is the risk for immigrants attending court hearings?
Immigrants, especially those in the U.S. for less than two years, face the risk of being arrested by ICE following the closure of their cases by a judge, leading to expedited deportation.
Can immigrants appeal their detention by ICE?
Yes, immigrants can appeal their detention and request bond, but those with less than two years in the country typically do not qualify for bond, as ruled by an appeals court.
What should immigrants with ongoing cases do to protect themselves?
They should seek legal assistance to explore options such as virtual court appearances, although these might be denied if ICE intends to close the case to make an arrest.