Deportation

A Notice to Appear (NTA) is a charging document that is issued by the Department of Homeland Security (DHS) through any of its constituent agencies including Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS).  Hence, the purpose of the Notice to Appear is to place an individual into deportation proceedings. 

 Accordingly, a newly-issued USCIS Policy Memorandum (PM) 602-0050.1 dated June 28, 2018 supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear in Cases Involving Inadmissible and Removable Aliens (dated November 7, 2011) and provides updates to USCIS’ guidelines for issuing NTAs and referring cases for deportation proceedings.  This new PM provides that the Federal Government will no longer exempt classes or categories of removable aliens from potential enforcement.  Furthermore, the PM changes USCIS’ general manner of handling potentially removable foreign national matters.  Previously, USCIS would refer these cases to ICE to establish whether or not removal proceedings should be initiated via an NTA.  The revised PM will provide USCIS an expanded mandate for initiating and issuing NTAs on it own without referring related cases to ICE for review and determination. This will immediately place foreign nationals in removal proceedings if the individual is believed removable at the time of the denial.

U.S. Immigration and Customs Enforcement (ICE) recently issued guidelines to clarify the Administration’s announcement regarding the agency’s new immigration enforcement. The new procedures were developed to ensure limited resources are focused on the removal (deportation) of the highest priority individuals.

“Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!”

This, according to Emma Lazarus’s famous poem “The New Colossus,” is what the Statute of Liberty cries to the world. It is a reminder that America opens its doors to the most desperate of immigrants, those whose very life is threatened if they return to their home country.  In this day and age many of these immigrants are refugees seeking asylum.

For many people who were brought to this country as children, the United States is the only home they know but they are not citizens. Immigrants in this situation who meet certain eligibility requirements can apply for Deferred Action for Childhood Arrivals (DACA).  This program began in 2012 and was expanded in 2014 when President Obama took executive actions on immigration.

Non-citizens believed to be in the country illegally can be taken into custody and held by the Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) branch. Just like in the criminal law system, detainees may be given the option to post a bond and be released from detention while they await judgment.

A bond is a monetary promise that the detainee will comply with the government’s demands and show up when required if they are released from custody. A bond is not a fine; it does not put an end to the issue at hand, it merely allows the detainee to live at home rather than in government custody while his or her case is processed.

Whether a bond is available and how much it will be depends on several factors. The minimum amount ICE can set for a bond is $1,500, but it can be set at a much higher rate as well. ICE will take into consideration the length of time the detainee has lived in the United States, whether he or she has family in the United States, the detainee’s employment history and criminal record, and whether the detainee has any past immigration law violations. There is no way to predict exactly what amount ICE will set a bond at, but an experienced attorney can provide a likely range.

If the detainee thinks his or her bond is too high, he or she can appeal ICE’s decision to a judge. Once the bond is finalized, it can only be challenged if the detainee’s circumstances change. For example, if the detainee has a criminal charge pending when bond is set that is later dismissed, the detainee can ask that bond be lowered.

While it is the detainee that might be challenging the bond amount, the detainee is not usually the one paying the bond. Immigration bonds must be paid by someone who is in the country legally. This can be a relative, friend or professional bondsman; it doesn’t matter as long as the person can prove he or she is in the country legally and can provide the government with a cashier’s check in the bond amount.

If all the government’s conditions are met, the bond money is returned to the lender at the close of the case. It does not matter if the detainee wins the case and gets to stay in the United States or loses and is deported; if the detainee always appeared when required by ICE, the bond money is returned.

If you or your loved one is involved in an immigration matter requiring a bond, contact an experienced attorney today.

Some immigrants to the U.S. are classified as “refugees” or granted asylum. Refugee status or asylum is granted to people who have been persecuted or are afraid they may be persecuted because of their political opinion, race, religion, nationality, or membership in a particular social group.