How To Know If ICE Will Arrest You
Some patterns have emerged from the recent upsurge of ICE arrests. I believe you will soon be arrested by ICE if you have one of these:
1. A) You came in the last 3 or 4 years under a parole program, B) Someone who is not a lawyer filed an asylum application for you and, C) you have work permit. I believe you will be arrested soon because immigration believes your application is flimsy (which it is), it will be denied anyway (which it probably will be), you have a work permit (so they know your address or workplace), and you've never spoken with an immigration lawyer (you were told you don't need one unless you're arrested).
2. You are working without a work permit alongside the people described above.
3. Any type of asylum application filed by a nonlawyer.
4. A visa recently revoked or expired, even prior to end of grace period or appeal period.
5. U.S. citizen acting belligerently in the proximity of an ICE operation.
I'm not saying any of these activities are in themselves illegal (except #2), or the government actions proper or constitutional. But these are the distinct patterns of ICE arrests in the past two weeks.
How to avoid the above? One option is to stop doing those things. No, it's not illegal to protest the government or even shout names at law enforcement. It's also not illegal to apply for asylum. But it also takes lawsuits and years to resolve such violations. The current government knows this. So look around you--we are clearly in a different political environment and must adapt. Be smart. Understand cause and effect. Then make choices accordingly.
Another option: Noncitizens with good immigration lawyers seem less susceptible to ICE arrest from what I'm seeing now (althought not 100%). Why? A real lawyer can amend a flimsy asylum appication to make it stronger and more likely to be approved. They can also look at your situation and suggestion other types of applications. A lawyer on hand can file for a bond release quickly or even habeas corpus petition in federal court. As such, people with lawyers are not seeing ICE arrest as frequently (because they know your rights). Please read my previous posts for more.
U.S. citizens arrested by ICE appear to be detained without charge at the Whipple Building at Fort Snelling, and released by the end of the day. They are refused lawyer visits if they don't have one identified already. NOTE: After the recent mass resignation of senior lawyers from the Minnesota U.S. attorney's office, US citizens may start being charged with something.
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