Immigration Law Information
New ICE Immigration Detainers Policy The new detainer form (I-247A) was created by ICE, and its implementation on April 2, 2017, will fulfill the requirement of Secretary Kelly’s February 20, 2017, memo, “Enforcement of the Immigrations Laws to Serve the national Interest” to “eliminate the existing detainer forms and replace them with a new form to more effectively communicate with recipient law enforcement agencies.”
Read full policy: Policy #10074.2: Issuance of Immigration Detainers by ICE Immigration Officershttps://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf
New I-247A Detainer formhttps://www.ice.gov/sites/default/files/documents/Document/2017/I-247A.pdf
Guidance for completing I-274A Detainer formhttps://www.ice.gov/sites/default/files/documents/Document/2017/I-247A-Guidance.PDF
SAMPLE - Warrant for Arrest of Alienhttps://www.ice.gov/sites/default/files/documents/Document/2017/I-200_SAMPLE.PDF
SAMPLE - Warrant of Removal/Deportationhttps://www.ice.gov/sites/default/files/documents/Document/2017/I-205_SAMPLE.PDF
Advice for the Undocumented in the Trump Era:
President Trump has broadened the categories of undocumented individuals subject to deportation, removal and detention to include those charged with a crime, those convicted of a crime and even those who have committed a crime for which they have not been charged.
The best way to avoid the above risks is to avoid committing. If you do not have a license please do not drive. If your car is in your name and you drive your car, an officer can run your plates without your committing any infraction and/or crime and stop you for driving without a license or otherwise.
Do not carry an identification card from a foreign country like Mexico's matricula consular and do not post information on Facebook or other social media that identifies you as from another country.
If the police knock on your door, do not open the door unless the police have a search warrant, which is a court order. If the officer says he has a search warrant ask him to slip it under the door and make sure it is signed by a judge or magistrate.
If you have contact with an officer, please respond to his/her questions with polite silence, give the officer your local identification card if requested and you have one and do not lie. Please do not volunteer or say you are from another country and do not volunteer information.
If you are stopped in a car, be polite and cooperative. Remain in your car unless ordered out by the officer. Provide ID if you have it, but politely decline to answer questions about your citizenship. Do not make statements or agree to any searches or physical tests. Tell the officer that your attorney, Bailey Farrin or Marcus Hill, has directed you as described above, and ask to be allowed to call your attorney. Do not call the police, except in emergencies.
You need to be alert to what is going on and have a plan but please do not panic because you cannot live your life that way. If you do not commit a crime, your chance of getting picked up at random is low.
Please call or text me, your attorney, Bailey J. Farrin (919) 302-8271.
Information from CLEAR on IDP & ICE.
Find a person in detention
Use ICE’s online detainee locator to find an adult who is in immigration custody. https://locator.ice.gov/odls/homePage.do
If you can’t find a person using the online locator, call the local ICE office.
Congressman Luis Gutierrez - Working with Immigrant Rights Groups
Many immigrants in the U.S. are working to become citizens so that they can vote. Congressman Luis Gutierrez and a coalition of immigrant rights groups are working to naturalize 1 million people.
Immigration Customs and Enforcement ("ICE") arrests Riverside high school student in Durham!
Raleigh, January 28 2016.- A 19 year old Honduran student was arrested by ICE (Immigration Customs and Enforcement ) on Thursday morning as he was leaving his home for school at Durham Riverside High School. Wildon David Guillen Acosta was arrested by immigration officials shortly before 7:00 am at the door of his home in Street Liberty Street in Durham.
Hector Guillen, Wildon’s father, was in the house when the incident occurred. He told Que Pasa his son went to warm up the engine of his car to go to school, when he was intercepted by agents of Immigration and Customs Enforcement (ICE). They were wearing civilian clothes, and were waiting in the parking lot of the apartment complex.
"There were two (of them. They ) were wearing civilian clothing, but showed that they were from ICE," said Mr. Guillen. "They threw him to the ground, handcuffed him and took him away," said the man who watched the scene. Mr. Guillen said he was unable to intervene for fear that he and his younger daughter (16 years of age), could also be detained by agents.
Wildon Acosta had crossed the southern border from Honduras on June 9, 2014, escaping the crime and violence that exists in that country, according to his parents. After being arrested at the border, he was delivered to his parents in Durham, and started his immigration process in Charlotte immigration court.
The parents said that after attending his first court date, Wildon decided not to return for the second court date, which was scheduled for March 2015. He claimed he was fearful of attending the scheduled court date because his lawyer told him that there was "nothing to do" as he had already turned 18 years of age.
Later, his parents said they received a notice which indicated Wildin should leave the country, but the young man decided to stay because he was determined to succeed.
Dilsia Acosta, Wildon’s mother, was not at home when the arrest occurred. She explained Wildon’s decision to stay as "That was his purpose: to study and not rest because his plan was to be a professional and move forward," She added that Wildon is in the final year of high school, and dreamed of becoming an engineer. She noted that he is studying mornings and afternoons, and working in a restaurant.
"I'm devastated because they took our son," she said. "It is an injustice because he has come here with good intentions". She said she now fears for Wildon’s life because if he is deported to Honduras, he could be a victim of criminal gangs. She was not at home when the arrest occurred.
"In Honduras, what awaits young people is crime, gangs ... so many children come to this country fleeing not poverty, but crime," Dilsia Acosta said. "We know that if we work we will eat and have the bread of the day, but there it is only death, mourning, sadness. That's what awaits you,"
Dilsia Acosta also sent a message to President Barack Obama: "I would say to do justice, and to stop the raids," she said.
The Carolina Advocates for Justice has the following downloadable files on Immigrant Rights: PAK Materials, Education/Educacion, NCAJ Brochure, NCAJ Brochure (Spanish), Deportation Checklist, and Know Your Rights (Spanish). Visit their Immigrant Rights for families page at https://www.ncaj.com/index.cfm?pg=Immigrant_Rights
Immigration Status Partial Checklist
Information from our friends at Immigrant Legal Resource Center
Freedom of Information Act Requests VideoEnglish
U.S. Citizenship and Immigration Services
Raleigh.- The "dreamers" who have obtained work permits valid for three years, as a benefit of deferred action for childhood arrivals (DACA), have started to receive letters from the government notifying them that their three year work permits will be replaced by permits valid for only two years.