ICE Seizure of Two California VAWA Immigrants Raises Questions About Information Sharing
Posted on | November 9, 2009 | No Comments
When ICE officials arrested two women in Southern California who had been approved for immigration relief under the Violence Against Women Act (VAWA), they embarrassed the organization even as their mistakes highlighted the need for better information sharing among law enforcement groups.
One woman was arrested at her home when ICE came to the residence looking for another illegal alien who no longer resided there. Even though she presented her work permit, she was put in detention and only released after her immigration attorney provided proof of her approval for a Green Card under VAWA. The other woman was arrested and spent a month in a detention center in Arizona before her immigration lawyer helped get her released.
VAWA is legislation from 1994 that provided a variety of protections to women who were the victims of spousal or other abuse. One provision of the law allows a spouse and/or child(ren) of a U.S. citizen or of a lawful permanent resident to adjust status to that of an LPR if they are the subject to abuse. Normally, the U.S. citizen or LPR would be the spousal petitioner on behalf of the immigrant, but VAWA allows immigrants who are abused to self-petition and thereby escape the abuse while not sacrificing an opportunity to immigrate.
ICE, like all law enforcement agencies, cannot conduct unreasonable searches and seizures. In making these arrests, ICE seemed to lack “probable cause” for detaining the women, especially the one who presented a valid work permit. If ICE practices developed a pattern of such arrests, it could be ruled that the agency’s policies violate the Fourth Amendment.
Said ICE spokesperson Virginia Kice, “If [suspected illegal immigrants] cannot provide legitimate documentation and identification to show us that they’re in the country legally, we take them to the office to check their status.” This is an aggressive attitude to take toward enforcement, one which may cause problems for the agency down the road. It is a reminder to all immigrants to carry identification at all times, though it echoes Sheriff Joe Arpaio’s “guilty until proven innocent” outlook and reminds us that unprofessional enforcement invites errors.
But ICE is not wholly to blame. As the LA Times points out, the agency struggles to act in real-time while lacking reliable access to databases maintained by the Department of Homeland Security and other federal agencies.
The women who were detained faced a potentially dangerous position. When ICE detains someone, the agency pursues deportation proceedings. In the case of a wrongful detention, it is important to seek immigration advice from an experienced immigration attorney. Failure to do so can lead to a mistake, such as signing a voluntary departure order, that can delay completion of the case by months or even years.
If you need to self-petition with an I-360 for immigration relief as a widow(er), victim of abuse, or other Special Immigrant, or if you have any other immigration needs, please contact our Nevada offices for a free consultation.
Tags: Department of Homeland Security > Detention > Green Card > H1B Work Visa > ICE Enforcement > Illegal Aliens > Immigrant Rights > Immigration Attorney > Immigration Lawyer > La Migra > Permanent Resident > Undocumented
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