[00:00:00] Speaker A: Welcome to Immigration Today. I'm Elizabeth Trifonis. And today we're breaking down policies, stories
[00:00:05] Speaker B: and issues that matter.
[00:00:06] Speaker A: You're watching NOW Media Television.
[00:00:09] Speaker B: Welcome to Immigration Today. I'm your host, Elizabeth Trifonis, where we try to bring compassion and clarity to very complicated immigration matters.
In these segments, I want to talk to you about a lot of information to help you interact with ice, to figure out how you're going to select a resolution in your case, how to address bond and case processing.
Before I start, I want to remind you that every case is different.
Speaking with an immigration attorney who knows the specifics of your case can be essential.
But given the way that things are moving very quickly on our streets and for our families and our friends that are being detained quickly, I want to get this information out to you as soon as possible.
When we are dealing with ICE on the streets, the number one thing to remember is that you only have rights if you actually use them.
You do have several rights, whether you're here, documented or undocumented. The US Constitution applies to all of us.
A couple of key points. Number one, any human being only has to interact with another human being if they consent to do so.
Same is true for declining to consent to interact with a human being.
We need to keep in mind that ICE officials are often in plain clothes.
In my area, they're driving unmarked vehicles.
Almost always they don't have a warrant. And I realize that warrants right now are a sticky issue. What they mean, what they don't mean.
But for Fourth Amendment purposes, if an official does not have a warrant for your arrest or, or for searching your home or your business, then you do not need to provide access to that official, particularly if they've not identified themselves.
So business owners, unless you're presented with a warrant, can decline service to an ICE official, similar to any other customer or person appearing in your business.
Same for your home. No one ever needs to open the door to their home to if they don't want to engage consensually with the stranger on the other side.
Warrants are being discussed lately what they are and what they aren't. And whether ICE has the ability to enter a home without one is a recent policy change.
However, the Fourth Amendment provides security and protection from unlawful searches and seizures, and that applies to all of us, whether we are documented or not.
So if somebody you do not know approaches you or your home or your business and wants to inquire your name or your status or the name or status of other people around you, you should ask if you are free to leave and try to walk away.
If they are looking for people that you know of, you are not under an obligation to identify those people. You may simply politely ask if you are free to leave, walk away.
If an officer shows you a warrant, however, there are some distinguishing features on what that warrant looks like.
Number one, it's titled in a court. It will say U.S. district Court of your area.
It can sometimes say Immigration court or the Executive Office of Immigration Review and it is signed by a judge. Other documentations that say they are warrant that are signed only by an ICE official do not comply with the fourth Amendment requirements, which is your right.
So we stay polite. We don't identify ourselves to strangers. We practice stranger danger, in fact, and we ask if we're free to leave.
I encourage you to attempt to walk away, to leave. But in the event you start to be arrested, it is important to remain peaceful and not to resist that arrest.
Sorry to tell you, but once an ICE official has decided they're going to make that arrest, it's going to happen and your safety and their safety is paramount.
So what can you do to plan and how do you plan for once you are detained by ice?
The very first thing that's going to happen is that your cell phone and your property, your wallet and your identification and anything you have on your person, a purse or bag, let's say those are going to be taken into property. That means you won't have access to them when you are booked into custody.
So not having your cell phone, if you're like me, you need to know who you're going to call.
It may take you a little bit of time before you're allowed to make that phone call. The booking in process is not often quick, but once you are booked in and you have access to a telephone, you need to, number one, have that phone number memorized for who you're going to call.
And please have a plan for the person on the receiving end of that phone call that they are going to answer it.
Most jail calls, most detention centers come in with a 1, 800 number. So have a plan with somebody who's going to answer that phone call when you make it.
The second thing to plan for that's very important is to make sure that you've designated someone who can access money for you.
Money to pay a lawyer, money to pay bond, money to pay your rent, money to pay your bills.
Having the ability for someone to access your bank account or know how to access credit cards on your behalf, or debit cards can make your detention much shorter, particularly when it comes to bond, and can secure your housing while you're detained in any other business items you need to address.
The third thing that you need to have planned beyond that phone number or that bond is how maybe your children are going to be cared for. And other power of attorney substitutions you need to make so that people can access bank accounts, your vehicle, your children.
Putting together a power of attorney where you've designated somebody as a substitute is paramount.
Most of our detentions, at least in the center of the country. I'm from Wyoming.
Most of our people are taken very long distances to ICE detention centers, often run by a GEO facility. GEO is a for profit corporation and they're often very far away from where that person was detained.
Figure out for a couple of weeks, maybe a month, who is going to be paying rent, accessing your bank account, caring for your children, calling your attorney, and have that plan in place.
I understand that nobody woke up this morning and wanted to be in detention with ice.
Not for a couple of weeks, not for a month.
But I assure you that if you are detained, having that plan in place will make things much smoother, will secure your release from ICE much more quickly, and will give you the peace of mind that your family is at least taken care of in the interim.
When you are detained by ice, certain things will happen with the booking in process.
I want people to also know that if you have a loved one detained, you can find them in the ICE detainee locator system online and we will post that address for you. It's important that you know your loved one's full name, the name that they would be arrested with, their date of birth and their native country.
Better yet, if you have previously been through the immigration process or ever had employment authorization, that person has an alien registration number. We also call it an A number. It's typically nine digits. If it's shorter than that, you need to put a zero as the first leading digit to make it nine digits.
With that information, you can actually find your loved one in custody.
When a person is moved with ice, we are not told when they are moved. It is considered a security issue to have information about transport, the when and where and how someone's being transported.
Currently, people are being transported both by vehicle and plane to different holding centers depending on bed space, and they are sometimes being moved back. If you're in a state like me in Wyoming, where Wyoming is assisting the ICE detention centers to provide additional bed space for pay per person.
When a person is moved from ICE detention from one facility to another, you're not going to be able to find them in the detainee locator for some time.
You will only be able to find them in that locator when they are actually booked into that facility. And that can take hours, can take a couple of days.
So be patient with the ICE locator. It is being updated regularly. Once your loved one is booked in again, have that plan. If you are detained who you are calling, have them be able to access money, a power of attorney properly filled out. There are lots of different ways to do power of attorneys. A lot of not for profit organizations in your area are providing them for free for immigrant families.
We have several in Jackson Hole, Wyoming that are doing them. Please take a look even online and put that power of attorney letter together.
When we come back, I want to discuss with you how to fill out what's called a Form I826.
If you're detained by ICE, this is the form that they are going to give you to notify you of your rights, but more specifically to ask you how you want to resolve your removal or deportation case.
Thank you.
[00:09:50] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration Today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors who bring insight, experience or firsthand perspective on immigration. Whether you're an attorney, advocate, community leader, business owner, or someone with a compelling personal story, Immigration Today airs weekly on NOW Media Television and streams across Roku, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clear clarity and confidence, click the link below to schedule a short zoom to connect.
[00:10:45] Speaker B: And we're back.
[00:10:46] Speaker A: I'm Elizabeth Trifonis and this is Immigration Today on NOW Media Television. Let's continue the conversation.
[00:10:52] Speaker B: Welcome back to Immigration Today. Want more of what you're watching? Stay connected to Immigration Today and every NOW Media TV Favorite live or on demand anytime you like, Download the free Now Media TV app on Roku or iOS and unlock non stop bilingual programming in English and Spanish on the move. You can also catch the podcast version right from our website at NowMedia TV. From business and news to lifestyle, culture and beyond, Now Media TV is streaming around the clock. Ready whenever you are.
Welcome back to immigration. Today we left off with talking about having a plan should you be detained by ice. The next step, when you are booked in with ice, they're going to present you with what's called a form I826.
They often present it in English and sometimes in other languages, but the forms are all look predominantly the same. They're set out in the same three sort of boxes. On the form, you'll know it's the form I826 because the form number is actually in the bottom right corner and it's entitled a Notice of Rights or Notice of Rights and requests for Disposition.
On the top of the form, it will tell you that you have certain rights and that you have the right to an attorney if you pay for one.
In the middle of the form, there are three separate options and depending on your case, and every case is different, will depend on how you want to select those options. And then on the bottom, it's going to ask you to sign that you've selected this choice in your removal or deportation case.
The first box in the center form there, which asks you what you want to do, says, I request a hearing with the immigration judge or immigration court to determine if I may remain lawfully in the United States.
The second box says that you are requesting.
Well, you believe that you have fear to return to your native country and are requesting a hearing with immigration judge.
That section pertains to individuals that may be wanting to qualify or applying for asylum.
The third choice says, I admit that I am here unlawfully and I agree to my voluntary departure.
Very often we've seen ICE pre mark the form for number three, and then they ask you to sign it.
Number three is a little bit misleading from my perspective, however, because very often someone who's taken into ICE custody may be here undocumented. And so that first part that says I admit that I'm here unlawfully, and then the second part that says I agree to voluntarily depart puts into play a deportation.
It is not actually a voluntary departure, which is something that is issued and ordered by an immigration judge.
So a lot of people feel that if they're here undocumented, they should be selecting number three because they're trying to make admissions, accept responsibility, or do the right thing in their estimation.
If you are here undocumented, you do not have to mark number three.
You do not have to admit that you are here at this stage without documentation, nor do you have to voluntarily depart or deport yourself if number three is selected, and if you follow through by signing this form with number three, you will be placed into removal with others. I think we're about 70,000 per month as of this morning.
And you will gradually be transported from whatever detention facility you are in through various ICE detention facilities, awaiting either a flight to your home country or a walk across our southern border, presumably our northern border as well.
If you do not wish to deport yourself, and if you are deported, that is a formal order that says you may not return to the country or apply to return lawfully into the country for the next 10 years, then you're going to want to select number one or number two.
Number one, which says I want to see an immigration judge to see if I can lawfully remain in the country is what I recommend. If you would like to start that proceeding for determining whether you are entitled to bond or any other relief in immigration court.
Just because someone might be here past a visa expiration or even if they came in unlawfully, does not mean that they have to be deported.
Seeing an immigration judge sets up a process that we'll discuss. Moving further, the first step is to request bond and to request money in exchange for your freedom to be released back into the United States while your case is proceeding.
If you select number one, that option will begin to play out. If we can get you bond and we'll talk about how to do that, then there are various reasons to fight your deportation case or to request relief from removal from the United States, which may entitle you to be lawfully within the United States with documentation.
If you select the second choice and you assert that you have a fear of returning to your native country, this will trigger an asylum application process, sometimes a credible fear interview with an agent, and if you're found to have a credible fear, you might be able to continue with the immigration judge.
This second option in applying for asylum is a very difficult application to seek removal or to seek relief from removal, particularly with third party country agreements or other country agreements where the administration is asserting that if you would like to apply for asylum, you might have to go to another country, Guatemala, for example, to apply for asylum there first, even if that's not your native country. So. So if you are seeking asylum or you do have a fear for your safety of returning to your native country, please speak with a knowledgeable immigration attorney or a knowledgeable not for profit group that is assisting with asylum applications to be sure that you're filing the correct application and that it's processing in a way that doesn't get you back to a country you've never been to before.
When you select a Form I826 that should be filed on your behalf, the ICE agent is then going to file what's called a notice to appear.
A notice to appear is what we call a jurisdictional document or a document that takes power over your person in removal proceedings with the immigration judge. That notice to appear will allege certain facts about your nationality and how you entered the country or remained in the country. This is a charging document, much like a criminal information, although this is an administrative law.
That notice to appear will be filed with the immigration judge in charge of your area.
And you will begin the process through immigration court.
And we'll start with Bond.
If you are working with an attorney, we can file those Form I826 forms on your behalf. We also file notice that we are your representative and we file motions with immigration court to assist in having bond determined on your behalf, as well as any relief from removal for which you may be entitled.
A little word about relief from removal. You might be a qualified victim of a crime. You might have an asylum claim. You might qualify for cancellation of removal for permanent residents or certain non permanent residents. You might qualify for voluntary departure. You might have a basis to adjust your status with your spouse or your child. There are a number of applications that can relieve you from an order of removal and that you might be able to remain in the United States lawfully. But here's the thing. If you sign that you just want to be deported or voluntarily have a departure, you will not have that opportunity to bring those applications in front of an immigration judge.
Very often in the detention centers, we are seeing long term detentions. We are seeing lots of changes in Bond, which we'll talk about in the third segment. And this is having an impact on people being bullied into simply accepting their deportation because it's easier than remaining in the detention center.
I understand this decision for families and particularly for those people that are detained in these detention centers. But I encourage you to speak with someone knowledgeable who can advise you in your case. Because we're. We only have rights if we use them.
If we all just sign off that we're going to be voluntarily departed and removed from the country, we have no basis to push back, to fight against the removal of our loved ones.
When we come back, I'd like to talk to you about Bond, how to request it, and what are the things that the immigration judge is listening for and trying to hear should you have to represent yourself and asking to be released from ICE custody.
[00:20:03] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration Today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors who bring insight, experience or firsthand perspective on immigration. Whether you're an attorney, advocate, community leader, business owner or someone with a compelling personal story, Immigration Today airs weekly on NOW Media Television and streams across Roku, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clarity and confidence, click the link below to schedule a short zoom to
[00:20:58] Speaker B: connect and we're back.
[00:20:59] Speaker A: I'm Elizabeth Trifonis and this is Immigration Today on NOW Media Television. Let's continue the conversation.
[00:21:05] Speaker B: Welcome back. This is Immigration Today and I'm your host Elizabeth Trifonis. We talked in the first segment about how to interact with ICE or not interact with ICE preferentially.
What to do in having a plan if you are detained by ICE.
We then discussed how to fill out your form I826 while you were in custody to select that you do want to see an immigration judge and seek relief from removal from your deportation or relief from your deportation.
I want us talk specifically about bond and requesting bond when you are placed into ICE detention and moved to one of these holding facilities, there are two requests that need to be made.
One is to see an immigration judge, which will begin to trigger the process for seeking relief from any deportation order, and the other is to begin requesting a bond hearing. Immigration judges treat these as two separate hearings. So if you're filing information in one hearing to fight your deportation, you also need to submit the same in your bond hearing. They will be held on two separate recordings, if you will.
When you request bond, you are asking for the judge to set a reasonable amount of money to ensure that you will reappear for future hearings, that you're not a flight risk and that you're not a danger to yourself or others.
I often argue that of course, if my client is here past their visa, then obviously they're not a flight risk. They are still in the United States.
Also, we go through the family ties, the length of time in the United States, your employment, your lack of criminal history, or if there is a criminal history, what it entails, and many factors to support why you are not a flight risk and why you are not a danger to yourself or others.
When it comes to bond and requesting bond, the judge is listening for anything that will help ensure that you will return for your hearings.
Not a flight risk and not a danger. We submit letters of support from pastors, from neighbors, from spouses, from children.
We submit tax records. And very often the tax records come up with the immigration judge, if not one of their very first questions. So if you haven't been filing your taxes, you must, I encourage you to file them as far as far back as you can.
If you've been in the country for 10 years, I would encourage you to file all 10 years of taxes with immigration judge so that they can see your employment history and that you've been contributing into the taxpayer system.
We submit letters of reference, letters from a sponsor, we submit photos and we submit transcripts from school, and we submit anything that we can think of to encourage the immigration judge to be persuaded that you are entitled to bond.
Right now, bond has been changing dramatically.
About September 25th of this last September, the law was reinterpreted by the administration to deny bond to individuals who had not entered with permission or who were arriving aliens.
Not to get into too many of the specifics, but this applies to those people who were brought in as children as well.
Essentially, as of September 25th, if you were brought into the country even as a child, and if you entered the country without permission, the immigration judges across the United States are now declaring that they do not have jurisdiction to set bond for those individuals.
What this does is subject someone, say a DACA, or someone who had been a DACA, or someone who was brought into the country 30 years ago as a child, is now no longer eligible for bond.
But some very important things about that. Number one, if their bond is denied and they unfortunately have to stay in detention, they still have the right to fight their deportation.
I understand that being in custody long term, and we are seeing long term detentions for this reason are very difficult for the loved one and for the individual that is in custody.
However, if you just sign off on your deportation, we have no ability to fight back or to seek appeal.
Also, this law is being drastically changed across the country as well by courts in California and the 9th Judicial District, some nationwide injunctions, and some disagreements with that nationwide injunction out of the Board of Immigration Appeals, which currently is the authority as to whether or not immigration judges have this jurisdiction or this authority over bond.
But here's the point.
If you do not request bond, if you do not appeal the decision denying your bond, then we have Nothing to push back with or to fight with.
Individuals who have successfully been denied bond but actually appealed that decision and have taken other petitions in other federal courts, habeas petitions and other appeals have set up lots of litigation that is helpful to everybody in the nation seeking an immigration bond. And this is only happening because individuals were willing to remain in custody and to continue those arguments in that fight.
If you request bond and relief from removal, you can always seek to withdraw that and then voluntarily agree to be removed.
I often tell individuals to talk with their loved one, talk with your family, make a determination on how long you're willing to stay in detention.
It might be many months. We've seen some folks over a year and some even longer than that in certain instances. But this particular issue with bond right now, please ask for bond. Make the judge, the immigration judge, make a decision.
If that decision is to deny bond, please appeal that bond. In doing so, you put yourself into a class or arguably a class and group of immigrants who can fight that together and push the board of immigration appeals and the administration to recognize that you are not an arriving alien, that you are entitled to bond and that jurisdiction in immigration court should vest over any person that is within their jurisdiction, within their courtroom. To be more specific, again, we only have rights if we use them.
The administration and the way that they are interpreting the law is, in my perspective, intended to bully immigrants who are detained to simply accept removal and to be taken out of the country.
Have a plan with your family on how you're going to address bond, how long you're going to stay in detention to address bond and make those arguments again. Put together the list of all the equities that you have, how long you've been in the country, how many family you have in the country. Do any of them have status? How long have you worked?
How many taxes? For how many years have you submitted taxes? Where is the letter from your neighbor, your employer, any information that you could submit to the judge to show that you are not a flight risk, you're not a danger to yourself or others?
Clean criminal histories are essential. Paying taxes are essential.
Right now in the detention center that I'm most used to, the statistic is actually that 73% of those immigrants do not have a criminal history.
Very many of them are being denied bond because they were brought in as small children.
If you're in that category, I encourage you to please request bond.
It's going to be denied. As of the date of today that I'm recording this, please request or reserve appeal and seek out how you can be made a class member of the ongoing litigation to ensure that bond is being addressed for our individuals in detention, that the immigration judges, the Board of Immigration Appeals and the administration are actually following the law and the law of due process of law to provide individuals a means of being released from custody pending resolution as to whether or not they can lawfully in the future remain in the United States.
If we are bullied into simply accepting a deportation, we're never going to be able to have the right fight that individuals in detention in immigration court have a due process right to address bond and to be released into the United States lawfully pending resolution as to whether or not they can remain in the country.
Again, 73% of what we're seeing in my area have no criminal history.
These are individuals who have worked hard in our community who have simply had an ICE contact, often simply in my community, with driving to work or to school to pick up a loved one and have a simple speeding or traffic violation.
These individuals are being denied bond and are being asked to resubmit their form I826 with a voluntary deportation.
I encourage you to have a plan, have those power of attorney documents in order so that if you are detained, you can push back and demand bond and demand that this administration and the judges that it oversees apply the law equitably and correctly.
When we come back, I want to talk to individuals and you about what happens next. Whether bond is denied or whether bond is approved makes a substantial difference in next steps in someone's deportation case. I want to discuss a few strategies on what can happen in deportation court or removal court when we come back. Thank you.
[00:31:27] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors who bring insight, experience or firsthand perspective on immigration. Whether you're an attorney, advocate, community leader, business owner, or someone with a compelling personal story, Immigration Today airs weekly on NOW Media Television and streams across roku app, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clarity and confidence, click the link below to schedule a short zoom to connect.
[00:32:21] Speaker B: And we're back.
[00:32:22] Speaker A: I'm Elizabeth Trifonis and this is Immigration Today on NOW Media Television. Let's continue the conversation.
[00:32:28] Speaker B: Welcome back to Immigration Today. Want more of what you're watching? Stay, stay connected to Immigration Today and every NOW Media TV favorite live or on demand, anytime you like.
Download the free Now Media TV app on Roku or iOS and unlock nonstop bilingual programming in English and Spanish. If you're on the move, you can also catch the podcast version right from our website at NowMedia TV. From business and news to lifestyle, culture and beyond, Now Media TV is streaming around the clock. Ready whenever you are.
We were talking about in this program initially how to interact or not interact with ice, how to have a plan for how you were contacting a loved one who was accessing your money and having a power of attorney if you were detained. We then discussed how to select with ICE officials what you would like to do in your case and to request that you want to see an immigration judge to determine if you can lawfully remain in the United States.
After that, we discussed how to address bond, what the immigration judge is looking for, and how to provide information for their consideration.
I want to discuss now a little bit about finding your loved one. I did mention the ICE detainee locator prior in a prior segment here you can see this ICE detainee locator on your screen. And this is online. It is put out by US Immigration and Customs Enforcement. And what you need from your loved one is their A number. Their alien registration number is also what it's referred to.
We also refer to it as an ID number. This can be found on any employment authorization document that your loved one had. It may also be found on receipt notices if you have been in process with various applications with other departments. And this will be found on any documentation that an ICE official gives to your loved one. It starts with the letter A and then it has nine numbers after that.
If your loved one has an A number that is less than nine numbers, you're going to want to use a zero as the leading number to find them in this locator system.
The most secure way to find them is to have that A number, their name, date of birth and their country of birth. The A number and their country of birth is the first option and it's the easiest way to find a loved one because sometimes a name that one person might be using may not be the name that's on their documentation or put into this system. So if you can get that A number and know where they were born, this is going to be the easiest way to find them as they're Moved around.
As I said before, when someone is being transported, this information will not be available online. It will simply say that the information returns no known subject.
The other way to find somebody is to actually have their date of birth and their name and their country of origin. But as I discussed, sometimes that can be difficult if last names are reversed or one last name is dropped, for example. So try to get that a number.
Ideally, if someone is taking into immigration custody, they're going to receive the opportunity to pay a bond. There is an online bond paying system now. In the past, you used to have to bring that money directly to the immigration court and pay it from there. But now there is an ICE online bond system. It can be a little tricky. It requires knowing the individual's physical address and where they're going to live and, and that that address actually exists in the system, which can be difficult for those of us that are in rural areas with addresses that might not be recognizable.
If a bond is ordered, it can often take a day or two for that order to be filed with the immigration court and signed by the immigration judge. Once it is filed and signed by the immigration judge, ICE agents and operations of removal can then see that bond is eligible in their system.
You can pay it online.
Once those funds are wire transferred and approved through that online system, your loved one will be released.
This will happen the same day those funds are approved after the ICE agent in charge of that area actually reviews that fund and wire transfer. And that can also take some time.
It is very difficult to figure out when a loved one is going to be released from one of these detention centers. And there are organizations, Casa de Paz is one in the Denver area that works very hard to drive around these detention centers to make sure if someone was released into the cold in the afternoon, that there's somebody there to help them. And if you are interested in helping the immigrant population and as they are being released from these detention centers, I encourage you to get involved with simply being available in front of the detention center when someone is released or an individual is released that even you might not know to assist in providing them with your cell phone.
Very often if someone was detained with their cell phone, even if they're released with their cell phone, it hasn't been charged for a very long time. They also might not have a jacket. They may be in a location that they've never been in before.
So community members who do want to help, like organizations like Casa de Paz and others and other charitable organizations and churches and individuals being available in front of the detention centers. When somebody is released to assist in simply allowing them to make a phone call is paramount.
If a bond is paid and the individual is released, we will have future immigration hearings.
The first hearing we're going to have is called a master hearing. A master hearing is simply where we tell the immigration judge if it is in fact true that the individual is not a US Citizen, that they're a citizen of another country, that they were in the country either past the expiration of a visa, cancellation of permanent residency, or if they were here simply after they had entered without inspection.
Once we address those, and even if we concede that the person is in fact removable from the United States, the immigration judge then wants to know, what relief are we going to seek?
There are numerous forms of relief in immigration court.
There's U visas, there's VAWA applications, there's adjustment applications, there's cancellation applications, there's voluntary departure applications, which at a minimum can give the person several months, often a year, given the backlogs of these cases to get their affairs in order and to voluntarily leave at their own expense and without taxpayer expense from the United States. A voluntary departure in and of itself can give an individual the time they need to prepare to sell their property, make arrangements for travel, their children, and how they're going to in the future live outside the United States without it being under the duress of being detained long term with immigration officials.
At a master hearing, if you do not have representation, please know that you can ask the immigration judge for more time.
Please also know that at some point on the second third request, that immigration judge is going to be pretty upset that you haven't gotten things in order.
So if you don't have an attorney or you want an attorney at your first master hearing, I encourage you to ask for the additional time to find counsel.
I also encourage you to actually find that counsel and get them prepared to appear at that second master hearing.
After your master hearing, the judge is going to set what's called an individual merits hearing. They're going to require that evidence for relief from removal be filed in a timely fashion and they can set those deadlines.
Every immigrant in immigration court bears the burden of proving they are entitled to stay in the United States.
That burden of proof requires a substantial amount of evidence to be submitted to the immigration judge.
The judge will then set what's called an individual merits hearing, which is like a trial and will go through that evidence.
You must present it to them and the government, the US Government will have their own attorney. The Office of Principal Legal Advisor, we call them opla, whose job it is to make sure you've met that burden, or to contest the evidence that you submitted, or to challenge your testimony that you are entitled to relief from removal.
Being prepared for an individual merits hearing takes a lot of time and a lot of preparation.
If you fail to meet your burden, the immigration judge will order you removed from the United States.
Alternatively, may order that you voluntarily leave the United States within 60 days.
That individual merits hearing, if you are out of custody, is taking a tremendous amount of time to be scheduled. In my area, we're looking at a two, three year wait between that master hearing and that individual hearing. That's a lot of time for a lot of legal changes and a lot of maybe votes to change the system between your master hearing and your individual merits hearing. I cannot predict, nor can anybody else predict, the state of the law in two to three years from now.
You should also know, though, that even if you get to your individual merits hearing and even if you're denied, you have the right to appeal that decision to the Board of Immigration Appeals, which is the second level of immigration judges. And right now those appeals are also taking several years.
This is all changed if you cannot pay bond, and the immigration judges are expediting cases and individual merits hearings if a person remains in custody.
Those are typically in my area, especially being set within six months.
And sometimes we have people waiting for a year for their individual merits hearing.
Those individuals may be granted the relief from removal and ultimately released from custody with federal documentation and able to go back home to their families.
It's also possible that those individuals remain in custody and do not get their applications approved and are then ordered removed from the United States.
They also have the ability to appeal that decision, but would do so in custody if they were not originally given bond.
So bond is really important. And having it prepared that you have a good bond argument changes whether or not you're released from ICE detention, whether you'll be in the country for several years pending a decision on your application to stay, and ultimately giving you the ability to not only stay here during that process, but additionally have time to adequately prepare and find good counsel so that you have the best chances possible of having your application to not be removed from the United States approved.
Getting bond ready requires that you maintain a clean criminal history, no contacts with law enforcement. It also requires you to pay taxes.
I think in this administration, it's been sold to us that we're trying to get rid of the worst of the worst.
But at this point, 73% of individuals in the detention center I work with in Aurora, Colorado have no criminal history.
Please have a way to pay bond if it's granted. Who are you calling?
Who is going to answer that phone? Who has access to that money so they can get it posted online and get you home?
These are important questions and again, it's important to have a plan and to discuss these matters with your loved ones.
It is very difficult to maintain contact with individuals as they're being moved from facility to facility.
And it's also very hard to find individuals in the process of being moved because in that ICE detainee locator, it's going to show no information for some time while they're being moved to some unknown location.
But if you have a plan, a power of attorney, who's paying bond and you can address that payment and be released, there is a lot of time actually in defending someone's removal.
For questions, I can be reached at Trophonis Law in Jackson Hole, Wyoming.
We do have our website and our Contact Us page. You're also welcome to email us at trophonistsrefonislaw.com t r e f o n a
[email protected] you're also welcome to give us a call. We do have a real person named Melasa and a real person named Tom who do answer those phones.
Please, if you get the voicemail, leave us a message.
We have no other way to get back to you if you don't give us the opportunity to return that phone call. And please give us a couple of business days to get back to you. We're really doing our best with all the questions. And your questions and your individual case are paramount.
Again, even if you're undocumented in the United States, the U.S. constitution applies to you. You have the right to be protected from unreasonable searches and seizures, to have due process of law, to have competent counsel assist you in these matters.
We don't have rights unless we use them.
Thank you.
