A Chinese woman, known as Xiao Zou, who holds a C8 work permit and was waiting for a political asylum interview, was arrested by Immigration and Customs Enforcement (ICE) at Newark Liberty International Airport (EWR) in New Jersey on August 20th. Fearing that she might be transferred to a southern state at any moment, the situation took a sudden turn within less than a day, leading to her release.
From the sudden ICE arrest at the airport to witnessing other detainees being transferred during the early morning hours, to her lawyer urgently filing for a protective order in federal court and the judge issuing the order just 48 minutes later – within 17 hours, Xiao Zou was already on an Uber ride back home.
The speed at which this case was approved and the detainee was released broke records, according to immigration attorney Zhang Jinrui. From filing for the protective order to the detainee’s release, only 17 hours had passed, and from the filing to the judge issuing the emergency order, it took only 48 minutes, making it the fastest case Zhang had ever handled in his experience with protective orders.
Arrested by ICE on the afternoon of the 20th, Xiao Zou was granted a protective order on the evening of the 21st and returned home by noon on the 22nd, recounting a rollercoaster-like experience.
Xiao Zou arrived in the US ten years ago with a student visa, obtained a master’s degree, and later applied for political asylum. Despite waiting for years for an interview with immigration authorities, she held a C8 work permit with no criminal record. Her young child was born in the US and is a US citizen.
On August 20th, while on a business trip, Xiao Zou was intercepted by ICE officials at Newark Liberty International Airport during a security check when her C8 work permit was scanned, triggering an alarm in the ICE system due to her visa expiration.
ICE officials reportedly told her that anyone with an expired visa could be arrested, regardless of circumstances, with the opportunity to explain later in front of a judge.
After being arrested by ICE, Xiao Zou underwent processing for about 12 hours. In the early hours of the 21st, she was transferred to an ICE detention center near the airport. Initially, she did not grasp the severity of the situation, believing in her pending asylum case legitimacy.
However, her colleagues were more urgent. They immediately contacted a lawyer experienced in protective orders and prepared necessary documents as per the lawyer’s instructions to expedite her release.
In the detention facility, information from other detainees made Xiao Zou nervous. A fellow detainee warned her to find a lawyer quickly to prevent being transferred to other states like Texas and California, due to limited space near the airport.
Realizing the gravity of her predicament, Xiao Zou swiftly sought her husband’s help through a brief phone call and directed him to expedite legal procedures to prevent her transfer while ensuring they could stay in touch.
This phone call marked a turning point in the situation. Xiao Zou’s husband relayed crucial information to lawyer Zhang Jinrui immediately.
Zhang initially considered seeking release through an immigration court, but upon learning of a possible transfer, he promptly filed for an emergency protective order with the federal court.
Within just 48 minutes of filing the protective order at 6:19 p.m., the federal court judge signed the order at 7:07 p.m. The order explicitly prohibited Xiao Zou’s transfer out of New Jersey until further court instructions and mandated her release within 24 hours if no criminal record or final order of removal existed.
Less than an hour after the court order was issued, Xiao Zou’s lawyer was contacted by government legal assistants requesting her Alien Registration Number, signaling preparations for her release.
On the morning of the 22nd, Xiao Zou was informed of her imminent release, and shortly after, she retrieved her belongings and departed the detention facility.
Witnessing two female detainees being transferred to a southern state in the early hours of the same day, Xiao Zou described this incident, highlighting the critical role legal assistance plays in detention cases.
Post-release, in an unexpected turn of events, Xiao Zou opted to call an Uber herself without waiting for her family to pick her up, surprising and relieving her loved ones.
Lawyer Zhang emphasized the importance of utilizing the initial ‘golden hours’ after an ICE arrest to contact family, friends, and lawyers experienced in handling federal protective orders promptly.
He advised individuals at risk of immigration issues to avoid air travel, memorize a few contact numbers, and communicate developments with family and lawyers efficiently amidst the uncertainties of detention.