Facing the Crisis of Deportation: Where do Undocumented Chinese People Go from Here?

Last Saturday afternoon (June 14th), a community forum was held in Flushing with the theme “Couriers, Undocumented Immigrants, and the Reality and Hope of Deported Chinese”. The event invited pastors and a team of community lawyers to analyze the real crisis faced by undocumented immigrants under the enforcement policies of the Immigration and Customs Enforcement (ICE) in the United States.

The host, Chen Chi, Secretary-General of the Word of Grace Ministry, stated that with the current increased enforcement efforts by ICE in the United States, the scope of arrests and deportations of undocumented immigrants is expanding, causing immigrants applying for political asylum to feel nervous. Therefore, the impact and shock of the swift changes in immigration policy on the Chinese immigrant community cannot be ignored.

“Current couriers, undocumented immigrants, and Chinese facing deportation are in an extremely unstable and fearful situation,” Chen Chi said. “They may be detained, lose their jobs, be unable to see their families, live in uncertainty; some may even be sent to a completely unfamiliar third country where they do not speak the language, have no one to receive them, essentially being exiled, and everything they have built in the United States for years crumbles overnight with no support for the future.”

However, he also stated, “In principle, we do not endorse any illegal activities, do not support inciting actions against the government, and certainly do not advocate evading legal responsibility.”

The host asked the lawyer about the recent federal government’s requirement for ICE to arrest at least 3000 undocumented immigrants every day, with this number increasing day by day, totaling millions of people per year. So, do law-abiding individuals have a reason to fear?

Lawyer Zhu Yan Yi replied, “I don’t know. If you have not committed any violations, then you are not the target of the U.S. ICE. However, by seeking to arrest those engaging in illegal activities, it can cause a so-called collateral damage, meaning that you are not the main target, but if you happen to be there, they may take you along during the deportation.” Zhu Yan Yi lawyer stated that currently, the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) are reviewing immigration records to more effectively limit visa overstay behaviors.

Therefore, she believes that regardless of how long you have resided in the United States, you may face immigration enforcement and expulsion. Anyone without a stable immigration status may become a target of enforcement, especially those related to criminal justice, facing more prominent risks.

Recently, ICE’s enforcement methods have become increasingly harsh, especially with the expansion of the “rapid deportation” system, accelerating the processing and deportation of undocumented immigrants, particularly those with criminal records or who pose a threat to public safety. If the government determines you have no legal immigration record upon entry and have not stayed for more than two years, immigration officials can swiftly deport you without due process.

Lawyer Zhu Yan Yi reminded everyone that when facing ICE enforcement personnel at the door, if they do not have a judicial warrant signed by a judge, ICE cannot forcibly enter the premises, and residents should avoid opening the door. Additionally, when reporting to ICE, it is advisable to have essential information on hand, such as contact details of family, friends, and lawyers, and it is necessary to have a lawyer or a family member accompany you, with personal belongings under the companion’s care. Plan in advance with family and a lawyer to prepare for unexpected detention situations.

Another lawyer, Chen Mingli, emphasized that while immigration enforcement is becoming stricter and more stringent now compared to the past, it is advisable to avoid engaging in any illegal activities to prevent facing a deportation crisis.

The lawyers emphasized that despite the increasingly strict enforcement environment, there are still successful cases of applying for political asylum. If eligible for political asylum, immigration judges will review based on due process. Early consultation with a lawyer is essential, and one should not give up defending their rights.