Houston, TX – Attorney Sarah Corning with the ACLU of Texas explains the expedited removal process and what it means for anyone who could be facing deportation.
“With the expedited removal process what it means is if a person entered the United States undocumented without inspection and has not lived in the U.S. for two years continuously, they could be subject to expedited removal process, the only exception to that is if the person is afraid to return to their country and passes a fear screening interview which might allow them to seek asylum.”
The concern is if you or a family member could be swept up in a raid and what you should do if you are ever in that situation.
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If you have been here for more than two years, Corning says you should not be subject to expedited removal.
“You should carry evidence that you have been in the US for longer than two years, mail that you received at home, a signed lease, school records, copy them, have a copy at home and have a copy on your person at all times,” adds Corning.
If you are stopped by an Immigration and Customs agent in the state of Texas, Corning says you do have to identify yourself but you do not have to say anything more than that.
“Remember that you don’t have to say anything else to ICE agents or anyone else that you are interacting with when you are in detention, you do not have to talk about your immigration status, you do not have to answer any questions,” says Corning.
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Corning adds that families need to have arrangements made now to make sure their family is taken care of in case of any separations.
“Within your family you should decide the contingency plan of who is going to take care of the children in the event that both parents are detained or deported. Agree on that and then make sure that person is on the approved list for child pickup at school because there have been situations where both parents have been detained, a friend or family member goes to pick up child and can’t,” says Corning.
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Corning adds even if you or a family member is undocumented, you still have rights.
“You have rights against not letting an agent into your home, you have the right to remain silent, you have the right to call your lawyer, you have the right to decline to sign something. Everyone who lives in the United States has legal rights regardless of immigration status, that’s what people need to remember,” says Corning.
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Attorney Corning also explains the difference between an ICE administrative warrant and a warrant signed by a judge.
She says only the warrant signed by a judge allows agents in your home.
You are allowed to ask ICE agents to see the warrant through a window or slide it under the door.
If it is signed by a judge, ICE agents are allowed to come into your home. If it is not, you are allowed to refuse them.
Corning adds it’s important to know your rights during this process but the biggest thing for families is to be prepared.\
