Several media outlets have revealed that the U.S. Immigration and Customs Enforcement (ICE) recently issued an internal memorandum announcing a comprehensive detention policy for illegal immigrants, canceling their right to apply for bond hearings during the deportation process. Immigration lawyers have told this newspaper that this policy will affect “all undocumented immigrants,” whether they have recently arrived or have been living long-term in the United States. Lawyers point out the key impact of this policy is that once undocumented immigrants are apprehended (which is now happening more easily), they will hardly be able to leave immigrant detention centers.
This news was first revealed by The Washington Post. Based on documents obtained by the newspaper, on July 8, ICE Acting Director Todd M. Lyons instructed law enforcement officers nationwide to detain illegal immigrants throughout the deportation process and not release them.
Upon the release of the July 15 ICE memorandum, the Chinese immigrant community immediately reacted because recent years’ border crossers fall under the group targeted by the ICE memo. Immigration law experts emphasize that this rule is not a matter specific to individual states; it is being enforced nationwide, affecting “all undocumented immigrants.” They say that although this policy may face legal challenges, it is expected to endure due to the substantial funding provided to ICE under the new “Build Back Better” law.
“All border crossers are affected,” said immigration lawyer Chen Chuangchuang. “Once detained by immigration authorities, they can no longer apply for bond in immigration court, only for parole from ICE.”
Chen noted that the court proceedings during detention are as rigorous as those outside the center, with exchanging evidence, calling witnesses, and conducting interrogations. However, communicating with clients is less convenient under confinement, making evidence collection harder and court proceedings faster. Especially in remote immigrant detention facilities, face-to-face communication is rare.
“If you are an undocumented immigrant and are captured by ICE during the deportation process or in court proceedings due to a violation, according to this memo, you lose your eligibility for bond,” said Manager Wang from the Qin Susan Law Firm. He emphasized that this is a serious matter for the Chinese community. “All border crossers, including those who have been in the U.S. for 10 or 8 years, need to be cautious. Once you commit a violation, ICE has the authority to detain you.”
So, what constitutes a violation? Is it solely “criminal activities”? Wang highlighted that it is not that simple. “Getting arrested for a criminal offense is understandable, right? But people don’t realize: I went to court to report, how did I get arrested?”
People are often arrested in court for reasons such as providing inaccurate addresses. If immigrants move residences, or only list a motel address, or even just a mailbox, but the address changes, or if they work out of state and authorities track their movements through flights or long-distance buses, these individuals face the risk of arrest in court or at least need to wear electronic monitoring devices and report in at home.
“Border crossers being released are given a document clearly stating: report within 60 days; or if you move, change your address within 10 days. You need to update your address not only with immigration authorities but also with the Department of Homeland Security, the courts, the Department of Motor Vehicles, health insurance, utilities, banks, and more,” Wang explained.
Other reasons for being arrested in court include failing to timely apply for asylum to the court or making a “hasty application” by merely stating “persecution” without specific details, leading the judge to deem it a “hasty application” and issue an expulsion order or close the case. Also, not having a lawyer and representing oneself in court are considered violations ICE can act upon.
Law Firm Manager Wang and several immigration lawyers in their firm believe this memo is not a short-term policy; it will be enduring because the allocated budget needs to be utilized in building walls and immigrant detention centers while enforcing the law.
Furthermore, this new regulation only impacts undocumented immigrant entries, not those who legally enter with visas.
So, how can a large number of Chinese border crossers avoid being detained by ICE?
“It is better to adhere to the admirable Chinese tradition – be prudent and law-abiding,” advised Manager Wang. “Moreover, at the very least, find a lawyer and sign a blank ‘Attorney Representation Form.’ If you are detained, the lawyer can immediately seek maximum protection for you – determine if you qualify for humane release, and address other matters later on.”