Immigrants Successful In Challenging ICE Detention
Nationally, ICE is detaining immigrants who under previously administrations would not have been detained. For instance, spouses of US citizens who have filed for certain immigration benefits, for which they are eligible, are being detained at USCIS marriage interviews. While ICE has a legal argument for initial detention of these individuals, it often does not have a basis for continued detention. Moreover, in prior administrations, ICE did not detain individuals with valid immigration options for humanitarian reasons and also for economic reasons (that is, the wasted money of detaining an individual who will seek and win relief in bond proceedings).
Locally, three spouses of US citizens were detained in recent months at USCS in Lawrence. The New England Chapter of AILA reports that all three have been released through different means (one through attorney advocacy; another through a bond hearing in immigration court; and the final individual through a habeas corpus petition in federal court).
It is always smart to consult with an immigration attorney about your status. However, the current administration’s policies against immigrants makes it even more important that you talk with an immigration attorney about your status, especially before filing any applications with any government agency, before appearing at any hearing before a government agency, and before leaving the United States.