Russian-speaking immigrants are massively arrested in the USA: how to avoid a collision with the immigration police

The policy of the current US presidential administration, which is tough on illegal immigrants, can also affect those who legally live in the country. Ekaterina Muratova, an immigration attorney from New York, explains how to avoid unpleasant meetings with the immigration police and what to do if you are still arrested.

In the US, Russian-speaking immigrants have been arrested more often. Photo: Depositphotos

The price of the error

Svetlana I regularly traveled to the USA on a tourist visa and met Michael on one of my trips. The couple met regularly for some time, after which Svetlana married an American, and, as is required by law, filed all the necessary documents for a green card. The case was still under consideration, but the Russian woman had already received a work permit, and it seemed that nothing could foreshadow troubles.

All changed an innocent campaign to visit Russian-speaking friends. Former compatriots allowed themselves to relax a bit, drank a couple of glasses of wine, and Sveta, who lived only a couple of blocks from the house of friends, risked herself to get behind the wheel. The chances of meeting with the police on a short stretch of deserted street were minimal, but this was exactly what happened to the woman: a police officer soon decided to check her blood alcohol level. Exceeding the permissible rate was minimal, but this was enough to bring the case to court.

Waiting for the trial, Svetlana, as before, went to work. However, just a few days after what happened, officers from the Immigration and Customs Enforcement Service (ICE) unexpectedly approached her and arrested the woman without giving any explanation. Sveta spent two weeks in detention, after which the immigration police, after checking the legality of the Russians in the country, nevertheless released her, having previously put an electronic bracelet on her leg.

«I had to go to work in this bracelet. Moreover, every Tuesday I was obliged to be at home all day, because an inspection officer had to come to me, and the exact time of his arrival was unknown every time. Naturally, my employer did not like this all too much. Yes, and the situation itself, I confess, was very humiliating. I am an adult law-abiding person, legally in the country, married to a US citizen. I had only one minor violation, and they treated me like a criminal“- complained Svetlana.

Worn out, Sveta turned to Ekaterina Muratova. As a result of the petition of the attorney, the bracelet was removed, replacing it with a much less onerous duty to electronically “register” via video link with the immigration police officer. At the moment, the lawyer is trying to remove this restriction. In her opinion, what happened is not enough for the deportation process to begin with respect to Svetlana, and the chances of getting the coveted green card are still high.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive

Lawyer advice

Ekaterina Muratova stresses: in order to avoid unexpected arrests, you should always carry with you documents confirming your immigration status.

«It often happens that people are in the country legally, but their immigration status has not yet been determined - for example, in cases where a person has only applied for status change. For example, you came on a tourist visa, but then applied for political asylum, and the case is pending. At the same time, the permitted period of stay in the country for the touriz has already ended, but the asylum case has not yet been resolved. In this case, be sure to carry a supporting document from USCISthat their documents were taken into consideration“- advises the lawyer.

As Ekaterina Muratova explains, the immigration police (ICE) are far from always aware of the fact that a particular case can be dealt with at USCIS, and that is why emigrants often have to prove the legitimacy of their stay in the United States themselves. In the meantime, ICE periodically conducts raids in places of alleged accumulation of illegal immigrants in order to identify those who are in the country without documents. By law, it is impossible to challenge such raids themselves - legally the police have the right to check the status of emigrants.

«If a person does not have documents with him, ICEhas the right to delay it until clarification of circumstances. Therefore, even if you already have a green card, it is better to carry at least a copy of it. The fact is that each emigrant is assigned a certain number (A—number), and by it ICEor other immigration services can view the status of a person in the system. In order to know it, even a copy of the document is enough. Previously, there was no such need, but now a real “hunt for immigrants” has begun, and therefore it is better to always be ready to confirm your status"- explains the lawyer.

According to Ekaterina Muratova, the exact term for how long the immigration police can detain a person to ascertain his status is not legally defined. Judicial precedents stipulate that this period should not exceed two days, but in practice this is not always strictly observed, and most importantly, ICE and other services do not provide for liability for violation of this period. Of course, a lawyer can challenge this detention, but a court hearing can be scheduled both a week later and a month after the arrest.

Immigration lawyer Ekaterina Muratova with a colleague. Photos from the personal archive

What can they arrest you

After the status is ascertained, the police make one of two decisions: either they release the detainee, or the deportation process begins. In this case, the person receives a notice of the need to appear in court.

«If it turns out that the detainee has no violations, either in terms of criminal law or immigration status, as a rule, he is released. However if ICEfinds at least the slightest violations, for example, filing documents for political asylum after the expiration of a tourist visa, this could be the basis for detention. In this case, the person will wait for the trial in the temporary detention center for immigrants. In practice, such decisions are now being made even for the smallest violations. Unfortunately, many of our emigrants do not consider petty theft in a shop as a crime, but in the USA it is a serious crime sufficient to start the deportation process.", - says Catherine.

According to her, at the moment, the Customs Service, the Immigration and Customs Control Service (ICE) and the US Citizenship and Immigration Services (USCIS) are actively exchanging information. Thus, if an immigrant has delayed the duration of his stay in the country established by the visa and has not filed a change in his status, the USCIS immediately transmits this information to ICE. In Catherine’s practice, there was a case when a person who applied for asylum turned to her just two weeks after the end of his tourist visa. However, this did not save him from being arrested - information about the expiration of the period of lawful stay came to ICE even before he applied for asylum.

State authorities are now also obliged to cooperate with ICE, and the ordinary criminal police in many states are now transmitting to ICE not only the conviction of the immigrant, but also the fact of arrest and the commencement of the case.

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Rights of the arrested

After arrest, a person has the right to immediately request a lawyer, and the right to refuse to say anything without his presence.

«It’s also important to hire a lawyer because, by detaining a person in one state, ICEmay decide to transfer him to any prison in the United States. For example, the whole family of a person lives in New York, but it can be transferred somewhere in Arkansas. A lawyer may initially prevent such a transfer. In addition, temporary detention facilities in the central part of the country are much more similar to ordinary prisons for criminals than on the coasts.– warns Ekaterina Muratova. — In addition, ICEasks detainees to sign a series of forms. Many immigrants do not speak English very well, and legal terms are often complex and have a specific meaning. In this case, the person should insist that he be provided with these documents in his language. For example, in the documents there may be a question about a person’s consent to deportation, and in no case can they be signed until your lawyer reads them.».

Фото: Depositphotos

Also the detainee has the right to an interpreter. At the time of detention, the person immediately has the right to make a phone call to relatives or a lawyer.

«Then, after being sent to prison, as a rule, relatives put money into his account, after which he already has the right to make phone calls without restrictions."Adds the lawyer.

If a person asks for asylum at the US border without a visa, he automatically falls within the scope of the ICE. In this case, he almost immediately goes to the temporary detention centers of immigrants, and it is very difficult to dispute the fact of his detention. According to Catherine, the immigration police, as a rule, are more lenient towards women and children, but men almost always have to wait for their case to be considered essentially behind bars. This was the fate awaiting a Siberian activist. Alexandra Klimanova. Before receiving political asylum, he held in an American prison almost 9 months.

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What not to do

The following case from the practice of Catherine is literally an encyclopedia of all the typical mistakes of immigrants. In one of the cities in the United States, immigration police detained a two-year-old mother on the street Lyudmila and sent her to prison. As it turned out, the woman had already had two arrests for shoplifting in the past few months.

«Despite the fact that the thefts were committed for a small amount, by American standards, the woman poses a threat to society, and therefore she was left in prison. Moreover, as it turned out, she had been living in the US illegally for two years. Lyudmila arrived on a tourist visa, and then married Nicholas, who lives in the United States on a student visa. True, his visa also caused a somewhat sarcastic attitude of the judge: if you believe the document, Nikolai has been attending English language courses for ten years“- Catherine shares.

Be that as it may, Nikolay was formally in the country legally, and Lyudmila also had the right, after marriage, to apply for a change of status and inclusion in the immigration status of her spouse. However, here the couple made a second mistake by contacting the so-called “paralegal”, which does not have a lawyer’s license.

«He advised them to extend the tour, they agreed, gave him money and documents. As it turned out, he did not even send her documents to extend the visa. Moreover, formally this person does not bear any responsibility. Since he was not a licensed lawyer, an appeal to him is not considered as an appeal to a specialist and is perceived as someone’s informal advice that has no legal consequences. It turned out that legally Lyudmila did nothing to change her status", - explained Ekaterina Muratova.

The spouses turned to the immigration lawyer already after Lyudmila was imprisoned.

«Despite having a small child, the judge does not agree to release her to freedom. Everything played a role here: the illegal stay in the country and the repeated theft three months after the first one, crossing the very possibility of talking about rehabilitation. In addition, Lyudmila tried to steal jewelry for herself, and not, say, food for a baby because of a difficult financial situation. Moreover, during both thefts, the woman was with the child, and for the second time she even tried to hide the stolen items in the pram. From the point of view of the law, she committed a crime with a child, which means that she put him in danger. As a result, the judge did not release her, arguing that the child has a second parent who can take care of him. Meanwhile, the child is crying without a mother, he has a fever, and the father is not used to staying with him. Lyudmila agreed to be deported to be reunited with the baby as soon as possible. Unfortunately, with its number of violations and the lack of grounds for obtaining immigration status in the country, the chances of hindering this process are questionable."- summarizes the lawyer.

If you find yourself in a similar situation or have questions regarding immigration to the United States, you can contact Ekaterina Muratova:
Phone: +1 (305) 778-7198
Email: [email protected]

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