ICE on the Attack šŸ§Š

How to prepare during times of crisis and why we keep fighting.

If last weekā€™s wave of executive orders wasnā€™t overwhelming enough, this week has been a whirlwind. Media outlets send anxiety-inducing reports on ICE raids from coast to coast. Enforcement actions are ramping up. So, what can you do as an immigration attorney? Letā€™s break it down.

Gavel Slamming Down

What Immigration Attorneys need to know about ICE Raids

Wellā€¦ buckle up. Things are only getting started.

The ICE raids, initial arrests, widespread enforcement actions are just the beginning. What isnā€™t being widely reported is what happens next. Even before this media frenzy, tracking someone after they were taken into ICE custody is just as challenging as getting them released.

If this is your first rodeo as an immigration attorney handling enforcement actions, there are three things you need to focus on:

1. Locate

Finding a detained client isnā€™t always straightforward. Use ICEā€™s Online Detainee Locator System, but donā€™t rely on it entirely. Contact local detention centers directly, and if necessary, contact ICE ERO officers. Time is critical.

2. Negotiate

Once you locate your client, your next step is advocacy. Is there a pending application that could offer relief? Can you argue for release based on humanitarian concerns? Contact ICE and present your clientā€™s case strategically. Prosecutorial discretion may still be an option in some jurisdictions.

3. Release

Securing release depends on the case. For some, parole or bond may be possible. For others, challenging the detention itself through a Joseph Hearing or habeas petition may be necessary. 

Educate your clients and their families on their rights and ensure they have a clear plan for what comes next. But just as importantly, you need a plan, too. Iā€™ve broken these steps down further because each stage of this process presents unique challenges. Knowing where your client stands can make all the difference.

Rickā€™s Story: A Fight for Freedom, A Life Cut Short

When Christina called me, she was panicked. ICE just picked up her cousin Rick, and she needed help getting him out. Calls like these arenā€™t new to me, but this one still haunts me.

Rickā€™s arrest wasnā€™t some big operation or late-night raid. He was in court for a traffic violation: driving without a license. The judge fined him, and that was supposed to be the end of it. But as he walked out of the courthouse, right in the middle of the street, ICE officers surrounded him. One minute, he was thinking about how to pay a fine. The next, he was in the back of a van.

Because he had DACA, he had an A-number, and Christina gave it to me. That number helped me track him downā€¦ 100 miles away in a detention facility. I called immediately, entered my appearance as his attorney, and set up a legal call. When I finally spoke to him, he was still in shock. ā€œIā€™ve never been arrested before,ā€ he told me. ā€œIt all happened so fast.ā€

I got to work. I found out which immigration court had his case and checked if the judge had any specific preferences for bond hearings. Seven days later, I was in front of that judge, fighting for Rickā€™s freedom. No criminal record. A minor traffic violation. Active DACA. The judge agreed he could fight his case from the outside if his family paid a $5,000 bond.

Two days later, Rick walked free. His family was relieved. It felt like we won.

But life, this country, this system isnā€™t fair.

Less than a week later, Rick was gone.

His car broke down, and he was pushing it to the side of the road when a drunk driver slammed into him. He died on impact. The driver? Never charged. The same system that made sure to arrest Rick over a traffic violation decided his life wasnā€™t worth justice. His immigration case was officially closedā€¦ but for the worst possible reason.

I think about Rick a lot. I think about how fast things can change. I think about how this system works. I think about who it punishes and who it lets walk away. This is why we fight. This is why we show up. Because in immigration law, even when we win, we donā€™t always get a happy ending. And we keep fighting.

Gavel Slamming Down

And We End Here.

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There are much ā€œinjusticesā€ masked as ā€œjustice.ā€ There is widespread fear among immigrant communities and the attorneys who serve them. But we keep fighting every day by advocating for migrantsā€™ right for a better life in the U.S. and empowering all with knowledge to navigate the immigration system.

Until next time, stay vigilant and stay safe! āœŠšŸ¼

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