Q#1: Since President Trump took office on January 20th, I have heard there’s a lot of ICE activity in the community. What are they doing and who are they looking for?
A#1: President Trump’s main platform during the election was Immigration, specifically his promise to deport the millions of people that here without status. In order to make good on that promise, he has issued multiple Executive Orders regarding Immigration and is using ICE to detain people inside the US illegally.
Q#2: Who is the target of these raids?
A#2: President Trump signed an Executive Order rescinding President Biden’s Deportation Priority Memo and reinstating his Deportation Priority Memo from 2017. His Executive Order essentially makes everyone present in the United States without status a priority. However, even though millions of people are now a priority, it is very difficult for ICE to actually identify, detain, and deport someone that is in the United States illegally that hasn’t had any previous immigration or criminal issues.
Q#3: I have heard that individuals are being detained by ICE in the community. Why is ICE detaining these people?
A#3: These individuals are the subject of targeted raids. A targeted raid is when ICE seeks out a particular person in the community that has previous Immigration or Criminal history. ICE already has their name and background information and has a good idea of where to find them, so they go out to detain so that the court can continue their outstanding or ongoing Immigration case.
Q#4: If I do not have any Immigration history, or Criminal record, am I likely to be targeted during these individual raids?
A#4: It is highly unlikely that Immigration will find and detain you if you don’t otherwise have an ongoing or outstanding Immigration or Criminal issue. However, if you are in a place where ICE is present and they ask you to answer questions regarding your current status or place of birth, then if you answer (which you are NOT required to do) then you would likely also be detained based any incriminating information you provide.
Q#5: What is the likelihood of a raid occurring at my workplace?
A#5: The Administration is not currently conducting workplace raids since those cases require a lot of advance preparation and documentation. However, as the Administration builds cases against employers in workplaces with high percentages of unlawful immigrants and/or workplace violations, we are likely to see these occur in the future. These could take the form of either workplace raids or I-9 Audits.
Q#6: If I fear being targeted by one of these ICE raids, is there anything I should do now?
A#6: Yes. Contact a qualified Immigration Attorney. Someone in the US without status may qualify for relief from deportation based on their circumstances and even if a court ultimately might rule against them, the person is legally allowed to remain in the US throughout the course of the case despite the fact they are in the US without status.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practice immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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