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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in ICE

Posted on in Immigration

Chicago deportation defense attorneys, Illinois immigration, ICE, undocumented immigrants, deportation orderDuring the seemingly endless discussion of sanctuary jurisdictions in the U.S., much has been discussed surrounding what are called ICE holds or immigration detainers, and what that term of art actually means. If you or a loved one are the subject of an ICE hold, it is critical to understand what options you have in terms of negotiating release from it.

Immigration and the Criminal Justice System

Under the current federal administration, Immigration & Customs Enforcement (ICE) has, in many eyes, become an arm of the criminal justice system, instead of its own separate entity. Certainly this synergy is shown when discussing deportation requests—one main cog of the deportation machine is when local police forces are requested to detain immigrants. ICE obtains information about immigrants, both documented and undocumented, through a variety of programs that funnel data about non-citizens to them.

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Chicago deportation defense lawyers, immigration enforcement, ICE, due process, Immigration lawIn this day and age, immigration enforcement has taken on an angle that many see as cruel. Media in the U.S. and in other countries have spoken up regarding the behavior of Immigration & Customs Enforcement (ICE), and immigrant rights groups in the country are making certain that the issue remains at the forefront of discussion.

However, in the midst of the actions being taken against both documented and undocumented immigrants, it is imperative to remember that immigrants, especially the undocumented, have rights. You are entitled to due process, even if you are in ICE custody.

Due Process Rights Are Clear ...

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Posted on in Immigration

Illinois TRUST Act, ICE, undocumented immigrant, immigration status, undocumented immigrantsIn August 2017, Governor Bruce Rauner signed the Illinois TRUST Act, which is the strongest state-level bulwark against profiling by immigration officials yet passed into law as of this writing. It also codifies limited cooperation with U.S. immigration agencies as state policy, at least in terms of honoring detainers issued by Immigration and Customs Enforcement (ICE). While this grants immigrants protection, it also drags the state into a potential fight with the U.S. Justice Department, which could have consequences.

DOJ Objections

The main crux of the Justice Department’s objections is that they believe the Act appears to “restrict the sending of information regarding immigration status.” While states have a reasonable degree of latitude in setting their own immigration rules, they must, of course, comply with federal law. However, the law regarding complying with ICE detainers is not cut and dried. While law enforcement agencies must comply with a warrant or with an in-person request to hand over a person in most circumstances, an ICE detainer is a mere request to law enforcement.

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Posted on in Immigration

Chicago immigration lawyer, ICE, U.S. citizens, undocumented immigrant, ICE arrestWhile no one wants to contemplate the idea, Immigration & Customs Enforcement (ICE) does make mistakes. After a certain period of time, these stop being mistakes, and become agency policy. Such has become the case—or very near the case—with ICE arrests of U.S. citizens.

While obviously, rescinding such a policy is the option most likely to restore agency credibility, in the meantime, it is imperative for both immigrants and U.S. citizens to be aware that this may conceivably be an option. It should never happen, but when it does, too often the arrestee may be caught off guard.

Recent Issues Place Deportation Detention in Focus

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Posted on in Immigration

b2ap3_thumbnail_ICE-raid-Chicago.jpgDuring the Obama years, the administration would most often try to combat the issue of unauthorized immigration by focusing on the abusive and exploitative employers that would hire undocumented immigrants and pay them less than U.S. citizens. The new administration appears poised to shift course, going as far as possibly re-instituting the dramatic workplace raids that were common during the presidency of George W. Bush. If this comes to pass, and your workplace is targeted, it can make an enormous difference for you to understand your rights—and to understand that everyone has certain rights, even the undocumented.

How Are Employers Punished? 

The Obama administration focused on punishing employers for being willing to hire undocumented immigrants. This is, at least in some ways, eminently logical; if there are no opportunities for undocumented workers in the U.S., they will likely not come to seek them. However, the current penalties to employers, at least those assessed if an audit discovers discrepancies in employees’ work papers, are nowhere near stringent enough to warrant much of a reaction from the employers themselves.

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