2024 Author: Steven Freeman | [email protected]. Last modified: 2023-12-17 08:15
Being in a raid or being detained by immigration can be a very difficult situation for any immigrant and their families. It is important to be prepared and know your rights in case you are detained.
Cuban immigration attorney Claudia Cañizares offers helpful tips for immigrants in the face of raids:
Have all the documents in order. The most important thing when a person is detained in a raid is to demonstrate how long they have been in the United States. If the person has been less than two years old, she is subject to an expedited removal, however, if the person has been more than two years old, she would not be subject to an expedited removal and has the right to see an immigration judge. Therefore, if you are undocumented in this country, you should keep evidence of the time you have been present and documents that support the time you have been in this country. If you are involved in a raid, you can show that you have been over two years and are not subject to expedited deportation.
If an immigration officer shows up at your home, you have the right to deny him entry. Immigration officers cannot enter your home unless they have a court order. Therefore, you have the right to ask them to give you the document that allows you to enter the house. If this document is not sealed by a judge or signed by a judge, you do not have to open the door for them. If officers enter your home, they do have the right to detain all persons who are undocumented inside the home, so it is important to have the necessary documents.
If you are detained on the street in one way or another, you may be working, and the police arrest you and ask you about your immigration status, you have the right to refuse to disclose your immigration status. Under the fifth constitutional order, you have the right not to answer any question that may incriminate you of a crime. This does not indicate that you may be detained by a police officer until your information can be obtained and transferred to immigration.
If a judge finds that there was a violation of your constitutional rights, at the time of the arrest, that is, you were arrested solely for your immigration status and not for an independent cause, you have the right to have your deportation process terminated against you Because an officer, that is, a police officer, cannot arrest you solely because of your immigration status or immigration to detain you and have you detained, you have to have more than just your immigration status to justify that arrest.
Many times when there are constitutional violations during the detention of immigrants, you have the right to fight their detention and request that the deportation process that has been initiated against you be terminated.
If you are detained in a raid, contact an immigration attorney immediately, so you don't make a mistake in your process. The earlier you hire an immigration attorney to represent you, the better it will be for you and your family.
For more information on immigration visit the website of the Cuban lawyer Claudia Cañizares. immigration attorney
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