ICE blitzkrieg captures 3,168 criminal aliens – is there hope for them?

by Atty. Emmanuel Samonte Tipon

There were a number of Filipinos among the 3,168 aliens with criminal convictions that were captured by Immigration and Customs (ICE) agents in a pre-dawn blitzkrieg raid in all 50 states last week.  The 6-day operation, the largest raid in the agency’s history, was called “Operation Cross Check” because the targeted aliens were discovered through cross checking with criminal data bases.

While some might have committed serious offenses, the Filipinos that we met or heard of committed minor offenses like drug possession or drug paraphernalia possession. One was not even sentenced to a jail term but only probation because it was his first offense and the conviction could be expunged.

Can you imagine the pain and suffering of those captured especially those whose offenses were minor and which happened in the year nineteen forgotten? They were totally unprepared. Their families are distraught. I also spoke with one of the raiders who captured a Filipino. It is expected that there will be another wave – like the Japanese attack on Pearl Harbor.

A pro-immigrant publisher commenting on the raid said: “President Obama has overseen the deportation of about 1 million people in the last three years, a record-setting pace. Some would argue these policies call into question the veracity of the pro-immigration sentiments the President expressed during his most recent State of the Union Address.” www.ilw.com.

BOND AND MASTER HEARING

Those captured are now in Federal Detention Centers throughout the country. Their families have not been able to meet with them because it takes time to arrange visits. The detainee has to submit a list of potential visitors with their social security numbers who must be cleared before they are allowed to visit. The detainees also need money so they can make telephone calls and buy necessities. Deposit accounts have to be set up.

The first step in the immigration process is for ICE to give the alien a Notice to Appear (NTA) which contains the charges against him/her. The Immigration Court will schedule a hearing to determine whether the alien may be released on bond. The court will likewise schedule a Master Calendar hearing where the alien is asked to admit or deny the allegations in the NTA.

CONSULT WITH ATTORNEY

Before the alien retains an attorney to represent such alien and pay upfront fees averaging about $10,000, only to learn later that the alien is ineligible for any relief, the best course for an alien is to consult first with an experienced and competent attorney on a hourly fee basis (about $250) to evaluate the alien’s chances of winning. Such an attorney should have at the first interview three checklists to determine (1) whether the alien is eligible for release on bond, (2) whether the alien meets all the requirements for relief under the immigration laws, and (3) whether the alien’s positive equities outweigh the negative factors. If the attorney does not have such checklists, cuidado. The attorney can make the evaluation by reading the Notice to Appear and the DHS evidence packet, and by interviewing the alien.

Many aliens have a penchant for hiring lawyers who do not speak their language. Such lawyers should bring an interpreter with them. However, it is not easy to get an interpreter with a clearance to enter a federal detention facility. A comprehensive and intelligent interview cannot be conducted if there is lack of communication.

Aliens should be wary of attorneys who give an overly optimistic evaluation just to get the alien to retain the attorney. Seeking a second opinion is advisable. Fighting without a chance of winning but simply to delay deportation is foolish if the alien is detained. It is different if the alien is free and can earn money and be with family.

Aliens who were captured through Operation Cross Check should realize that ICE did not target them and spend time and effort to arrest them if it did not have a plausible case. Nevertheless, a skillful, competent, experienced, honest, and hardworking attorney might be able to save a number of these aliens.

RECOMMENDATION:  Aliens with a criminal conviction who have not been placed in deportation proceedings might wish to consult with a competent and experienced immigration attorney.

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)