Lawyers give insight to possible deportation situations
News from Univision Noticias
As deportations continue to be enforced, Univision Noticias reporter Jorge Cancino complied a set of seven situations undocumented immigrants may find themselves in and what several lawyers had to say about what can be done.
If an individual is arrested and is given a deportation order, Florida-based lawyer José Guerrero advises them to contact a lawyer and refuse to sign any documents. Although the process may be difficult, if the individual can prove they were never summoned to go to court they can motion a re-open, which could allow them to stay within the country.
If an individual is arrested and has no criminal record, Guerrero said that individual would have the right to a bail hearing and to be able to present themselves before a judge. If released, the individual could then get in contact with a lawyer and work toward a permanent legal status within the country.
Jamie Barrón, a Texas based lawyer, said the Trump administration is prioritizing the deportation of undocumented immigrants arrested for DUIs. If an individual is arrested for a DUI and has no deportation order, they will be summoned to an immigration judge immediately and find themselves a step closer to being removed from the country.
Margot Cowen, an Arizona based lawyer, said that if an individual was arrested after previously being deported and returning to the country voluntarily, they would face immediate deportation. Given that this situation is the principal reason of deportations and that there is no solution, Cowen says the state of Arizona has created sanctuaries to protect families in danger.
Cowen also stated that if a person is accused of domestic violence, that person can be arrested and deported without being sentenced. In this case, the individual can only achieve freedom and a legal residency if they did not have a previous deportation order or sign a document that claimed a different solution.
Alex Gálvez, a Los Angeles based lawyer, urges people to understand the difference between a person being arrested for being in possession of false documents and a person using false documents. If a person is found in possession, that person will not be faced with deportation. If a person has used false documents, that person may face certain difficulties. For many states, this action is not considered a serious crime and the person has the possibility of being freed on bail. If the state does consider it a crime, such as New York, and the person is convicted they can be transferred over to immigration. In this case, it is advised for the individual to seek a lawyer and refuse to sign any documents, especially a voluntary departure.
Gálvez also wanted people to know that getting arrested for driving without a license does not mean they will deported. If the person is handed over to immigration, that person should remain calm and contact their lawyer. This situation has various solutions and should be fixed without much trouble.
