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Avoid Deportation by Immigration and Customs EnforcementA foreign citizen whose presence in the U.S. depends on a visa or green card must avoid actions that could attract the attention of U.S. Immigration and Customs Enforcement (ICE) and result in deportation from the U.S. Being convicted of a crime, such as driving under the influence (DUI), can result in your being arrested by ICE officers. 

What Are the Responsibilities of ICE?

ICE responsibilities include:

  • Preventing terrorism;
  • Combating international crimes such as drug and weapons trafficking;
  • Identifying and removing aliens who have committed crimes and therefore present a risk to public safety; and
  • Arresting aliens who have entered the U.S. illegally or have committed some type of immigration fraud.

What Kinds of Crimes Can Lead to ICE Arrest and Deportation?

A summary of recent ICE arrests provides a good overview of the types of activities that lawful permanent residents (LPRs) and temporary visa holders should avoid:

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New Canaan deportation defense lawyer cancellation of removalNavigating the U.S. immigration system can be difficult and expensive at the best of times. However, if you entered the United States illegally or overstayed a visa, you are now in a particularly tough situation. Even if you have lived in the U.S. for years, got married, worked, and had children here, you could be caught by U.S. Immigration and Customs Enforcement (ICE) at any time and find yourself facing a deportation order. If you find yourself in this type of situation, you must seek help from an experienced and trustworthy immigration attorney. 

In recent months, there have been many news reports of undocumented residents who have been deported and of others who have successfully fought their deportation. What makes for a successful deportation defense?

One option is called Cancellation of Removal

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Darien immigration deportation attorneyIn 2017 and 2018, the U.S. news media focused a lot of attention on the deportation efforts of U.S. Immigration and Customs Enforcement (ICE). But do the statistics actually support the idea that the average documented immigrant awaiting permanent resident or citizenship status should be seriously concerned about the possibility of being deported?

ICE Administrative Arrest Statistics for 2018

In fiscal year 2018 (the 12 months ending on October 8, 2018), ICE made 158,581 administrative arrests, meaning that the arrested individual had committed a civil violation of U.S. immigration laws. However, most of these individuals were not merely in violation of immigration laws; they were also guilty of criminal violations. 66% were convicted criminals, 21% had pending criminal charges, and 3% had previously issued final orders for deportation. Only 10% of these arrests involved people who had committed only a civil violation of immigration laws, such as overstaying a visa or entering the country illegally.

The total number of administrative arrests increased from 110,104 in 2016 to 158,581 in 2018, an increase of 44 percent over two years. The increase in arrests was heavily skewed toward the category of people who had pending criminal charges, indicating that ICE has stepped up enforcement against individuals who have been charged with a crime but not yet convicted. However, many of these people had prior criminal convictions. Among the most common crimes committed by arrestees were driving under the influence, drug possession, and assault. 

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Fairfield County deportation removal defense lawyerReceiving a Notice to Appear (NTA) before a U.S. immigration court can be frightening for a non-citizen, because it is the first step in the deportation process, also known as removal proceedings.

Not everyone who receives a Form I-862 NTA will be deported. With the help of an attorney, you may be able to argue that the charges are not serious enough to require removal or that your deportation would create an extreme hardship for a family member who is a U.S. citizen or lawful permanent resident. There are many other possible defenses as well.

Still, it is important to take an NTA seriously. You must determine exactly what you are charged with and start working on a defense strategy.

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New Canaan immigration and deportation attorneyReceiving a Notice to Appear (NTA) in immigration court for removal (deportation) proceedings can be very frightening. An NTA means that you have been accused of breaking a law and that a judge is going to decide whether you should be deported from the United States. 

Be assured, however, that not every NTA results in a deportation. Here are three things to do if you receive an NTA:

1. Check the Accuracy of the Notice to Appear in Immigration Court 

The NTA will state:

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Stamford deportation defense lawyerBeing stopped by Immigration and Customs Enforcement (ICE) agents can be a scary experience, because you may feel as though your life in the United States is being put in jeopardy. It is true that a lot can be on the line during these encounters. That is why it is important for you to understand what your rights are and what the best course of action for you will likely be. Follow these steps to minimize your risks of deportation during interactions with ICE agents.

If You Are a Citizen of the United States

ICE officers are not authorized to detain U.S. citizens, but that does not mean it does not happen. From 2007 to 2015, more than 1,500 U.S. citizens were improperly detained by immigration officials, according to National Public Radio. 

If you are a citizen, you should always inform immigration authorities of that fact. A citizen can be detained if they are unable to immediately prove their citizenship through documentation, such as a passport, birth certificate, or voter ID card.

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