While a US citizen detained by ICE cannot be deported, ICE sometimes detains citizens in error. ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status. Understanding what to do if ICE stops you and you are a US citizen is essential to protecting your rights. At EMP Law, we...
Continue ReadingIf Immigration and Customs Enforcement (ICE) detains you, you may wonder: How long can ICE hold you before deportation? The answer depends on the specifics of your situation. ICE can request local criminal agencies hold a person for up to 48 hours while deciding whether to begin removal (deportation) proceedings. If ICE initiates a deportation proceeding in immigration court,...
Continue ReadingIf you get deported, can you come back? The answer depends on the specifics of your case and why you were deported. Some people must wait years before applying to reenter the country, while others cannot return unless they first obtain a very limited waiver. Understanding the rules is essential if you or a loved one is facing or...
Continue ReadingDo illegal immigrants have constitutional rights? Does the Constitution apply to illegal immigrants? Do illegal immigrants have rights? What rights do illegal immigrants have? While we object to calling undocumented individuals “illegal immigrants,” we understand that many people wonder, What rights do immigrants have in the United States? Do illegal immigrants have constitutional rights? Yes, immigrants are protected by...
Continue ReadingAn unexpected visit from U.S. Immigration and Customs Enforcement (ICE) can be frightening. If you are wondering what to do if ICE comes to your door, the most important thing to do is stay calm and remember that you have rights under the U.S. Constitution, regardless of immigration status. Our immigration attorneys have helped individuals and families across North...
Continue ReadingCancellation of removal is immigration relief that allows certain noncitizens in the U.S. to avoid deportation and, in many cases, obtain lawful permanent resident status (a green card). When an immigration judge grants cancellation of removal, they stop removal proceedings and let you remain in the U.S. lawfully. The process is available only to those who meet strict eligibility...
Continue ReadingWithholding of removal is a form of immigration relief that stops the government from deporting a person to a country where their life or freedom faces threats because of race, religion, nationality, membership in a particular social group, or political opinion. If you qualify, the immigration judge must grant withholding of removal, which allows you to stay in the...
Continue ReadingIf you or someone you love has received a deportation order, you may feel overwhelmed and uncertain about what comes next. Depending on the circumstances, you may have the right to appeal the deportation order. A deportation appeal allows you to challenge the decision and potentially remain in the United States. The process is complex and time-sensitive, making it...
Continue ReadingCan a U.S. citizen be deported? The short, practical answer is no—U.S. citizens generally cannot be deported. Once someone becomes a U.S. citizen, they have full constitutional protections and the right to remain in the country. Although they apply to very few individuals, U.S. law does authorize the government to revoke citizenship in specific and rare circumstances through a...
Continue ReadingIf you or someone you know is facing a removal (deportation) order from the United States, a motion to reopen may offer a second chance. In U.S. immigration law, a motion to reopen allows an individual to ask the immigration court to review a case they or another immigration court has already decided. Motions to reopen enable immigrants to...
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