Immigration Enforcement Laws

Immigration enforcement is the general process by which government authorities and agents enforce immigration laws and policies. This is a broad category of law that often overlaps with other areas of law, especially criminal law.

What Are Some Common Immigration Enforcement Issues?

Common immigration enforcement issues include:

• Proper Entry into the U.S.: No foreigner can enter the United States without permission to do so. That permission slip is a “visa.”
  • There are generally two kinds of visas: temporary visas, which grant entry from as little as a few months to as much as several years; and permanent visas, which allow foreigners to work and reside in the United States with most of the rights that U.S. citizens have.
  • The most common type of permanent visa is what is called a “green card.”
• Removal: Removal, which is the same as deportation, is a legal process that involves removing a non-U.S. citizen from the United States and transporting them back to their country of origin. A non-U.S. citizen may be subject to removal for various reasons, such as:
  • Abusing or developing an addiction to drugs: A nonpermanent resident may also be removed if they have been convicted of more than one drug-related offense.
  • Committing green card fraud: A non-U.S. resident who commits fraud or enters into a fraudulent marriage with the intent to deceive an immigration officer and in order to obtain a green card may be subject to removal from the United States.
  • Failing to obey the terms of a visa: Non-U.S. residents must obey certain requirements and conditions if they are temporarily living in the United States on a visa. Failing to comply with any of those requirements or conditions will be grounds for removal.
  • Collecting public assistance: A non-U.S. resident who requires public assistance from the U.S. government within five years from the date that they first arrived, can be removed from the U.S.
  • Violating immigration laws: A non-U.S. citizen who violates immigration laws, such as lying about their immigration status or remaining in the country after their visa has been revoked, may be removed from the United States.
  • Being convicted of certain crimes: Some crimes that may be grounds for removal if a non-U.S. citizen is convicted, including:
    • Crimes of moral turpitude
    • Aggravated felonies
    • Domestic violence offenses
    • Crimes that involve the trafficking of drugs, humans, or weapons
    • Crimes that involve sabotage, treason, sedition, or espionage against the United States
• Customs Checks at Airports and Other Passageways: Customs enforcement is responsible for:
  • Seizing all merchandise that is stolen, smuggled, or clandestinely imported
  • Inspecting packages for drugs and other contraband
  • Searching and inspecting electronic items such as cell phones, laptops, and tablets
  • Arresting those who have smuggled illegal goods into the country
• Detention of Aliens Suspected of Crimes: The United States government has the power to detain undocumented immigrants even after their arrests are over. In 1996, Congress enacted the mandatory detention law based on the notion that aliens with specific criminal histories were reoffending.
  • In short, the statute directs the government to put immigrants in mandatory detention when they’re released from criminal custody.
• Trade Issues Such As Human Trafficking: Human trafficking involves the use of force, fraud, or coercion in order to obtain some type of labor from another person. This includes nonconsensual commercial sex acts. Human trafficking is a significant example of modern day slavery.
• Drug Trafficking or Drug Distribution: This involves the sale, transportation, and illegal import of illegal drugs and controlled substances. You don’t have to actually be caught selling the substances in order to face trafficking charges. Knowingly possessing the drugs is enough to support a drug trafficking charge if the surrounding circumstances are right. Specific activities that can be classified as drug trafficking can include:
  • Cultivation
  • Intent or conspiracy to sell and possession of a large amount of drugs
  • Manufacturing of illegal drugs and controlled substances
  • Distributing a specified amount of drugs
  • Financing a drug-selling operation
  • Smuggling drugs across state lines and national borders

Many other sub-programs exist, like Community Shield, which are aimed at identifying alien gang members. There are also subdivisions of the ICE which address specific issues like cyber crimes and child exploitation.

What Immigration Laws Apply to Immigration Enforcement Issues?

The immigration laws that may apply to immigration enforcement issues are broad and in scope and may be numerous, depending on the issues involved. One immigration law that is likely to apply to an immigration enforcement issue is the Immigration and Nationality Act (INA), which governs issues such as visas, enforcement, removal and deportation, and more.

Because of the many rules, requirements, and deadlines that can apply to an immigration enforcement case, it is essential to have assistance from an immigration attorney. Some executive orders that have the force of law and may apply to immigration enforcement issues include:

• Executive Order Guaranteeing the States Protections Against Invasion
  • No entry into the U.S. at the southern border
  • Admission allowed by the Secretary of State and the Department of Homeland Security (DHS) on a case-by-case basis
• Executive Order Protecting the Meaning and Value of American Citizenship 
  • Not in force due to an injunction
  • Birthright citizenship is not automatically granted to children born in the U.S.
  • At least one parent has to be a permanent resident or a U.S. citizen for a child to have birthright citizenship
  • If a parent is in the U.S. on a temporary visa, the child does not have birthright citizenship
• Executive Order Protecting the American People Against Invasion
  • Not in force due to an injunction
  • Expansion of expedited removal
  • Policies governing:
    • enforcing illegal entry
    • enforcing deportation and removal
    • unlawful presence in the United States
• Executive Order Realigning the United States Refugee Admissions Program (USRAP)
  • Suspended awaiting additional evaluation
  • Limits how people can apply to enter into the U.S.
  • Applications are allowed on a case-by-case basis

The immigration laws and executive orders that are currently in force directly impact immigration enforcement issues. Immigration laws are always under review and subject to updating, which is frequently done when there is a new presidential administration. Because of the numerous issues, possibilities of changes in the laws, and potential serious impact of immigration enforcement issues, having an immigration attorney is very important.

Who Handles Immigration Enforcement Matters?

The Department of Homeland Security (DHS) is the federal cabinet-level department responsible for public safety. The job of protecting the United States falls on homeland security professionals in numerous disciplines, from immigration to emergency response to counter-terrorism to cybersecurity.

DHS was created after the September 11, 2001 attacks as a way of improving homeland security by grouping together agencies with security responsibilities. The goal was to improve inter-agency communication. The creation of DHS constituted the most significant government reorganization since the Cold War and the most substantial reorganization of federal agencies since 1947. DHS integrated portions of 22 different agencies, from the Immigration and Naturalization Service, the Coast Guard, and the Secret Service to the Animal and Plant Health Inspection Service.

DHS is composed of three overarching divisions:

• U.S. Citizenship and Immigration Services (USCIS): This division processes and examines citizenship, residency, and asylum requests from aliens
• U.S. Customs and Border Protection (CBP): This is the law enforcement agency that patrols international borders (air, land, and sea), including enforcement of U.S. immigration, customs, and agriculture laws while patrolling at and between all U.S. ports-of-entry
• U.S. Immigration and Customs Enforcement (ICE): This law enforcement agency is divided into two bureaus:
  • Homeland Security Investigations (HSI), which gathers intelligence on national and international criminal activities that threaten the U.S. security. It is responsible for enforcing more than 400 laws
  • Enforcement and Removal Operations (ERO), which enforces administrative violations of the Immigration and Nationality Act by detaining and deporting violators of U.S. immigration law

What Is the Role of Immigration and Customs Enforcement (ICE) in Immigration Enforcement?

Immigration and Customs Enforcement, often referred to as ICE, is an enforcement branch within the Department of Homeland Security (DHS). ICE is an agency that investigates many different offenses, including, but not limited to:

• Human trafficking
• Drug smuggling
• Money laundering
• Passport fraud
• Gun smuggling
• Terrorism
• Cybercrimes
• Child exploitation

ICE has the legal authority to arrest and detain suspects for up to 48 hours without having a warrant. It is important to note that there are some differences between immigration proceedings and criminal proceedings.

If, for example, an individual pays their state criminal bond, ICE can still take them into federal immigration custody if they have an immigration detainer. In addition, Miranda warnings may not be required in an immigration arrest because it is categorized as a civil process.

Suspects in immigration proceedings do, however, have rights similar to criminal defendants that they can and should use when they interact with ICE and its agents. If questions are asked about an individual’s immigration status, they can invoke their right to remain silent.

Additionally, they can decline to consent to searches by ICE agents. These rights are provided by case laws which hold that, even in a narrow immigration context, individuals have these rights under the Fourth and Fifth Amendments.

It is also very important to always have a lawyer review any form or document that is present by an ICE agency before signing it or agreeing to its terms.

Is Immigration Enforcement the Same Across the U.S.?

No, different states may enforce drastically different enforcement policies than in other states. For example, border states like Arizona and Texas may have stricter policies when it comes to immigration, removal, and crimes committed by non-citizens.

Likewise, states with high immigrant populations may be subject to more monitoring by ICE agents than other states. Finally, states may have different policies with respect to issues like removal or employment arrangements.

What If I Have a Legal Issue With Immigration Enforcement?

Most legal issues with ICE are reviewed before any immigration board or before an immigration judge. This is similar to a criminal court hearing.

Some actions may lead to immediate removal of the person from the country. Some ICE programs allow for a court to make a decision to remove a criminal suspect from the country if they are found guilty of a serious crime.

What Evidence May Be Required In Court for an Immigration Enforcement Issue?

If an individual faces an immigration enforcement issue, the documents or evidence they may have to provide will depend on the issue in their case. When they can submit the necessary documents, it will help with their credibility as well as support their arguments in court.

Categories of documents that may be needed in an immigration enforcement case include:

• Personal Identification: 
  • birth certificate
  • government-issued ID
  • marriage certificate
  • proof of family ties:
  • birth certificates of children born in the U.S.
  • marriage certificate
• Proof of Physical Presence: 
  • employment record
  • lease agreement
  • utility bills that show residence in the U.S.
• Proof of Good Moral Character: 
  • criminal background check
  • letter of recommendation
  • certification of community service
• Evidence of Hardship: 
  • a letter from a therapist
  • medical records showing the applicant or a family member has a serious health condition
  • documents that explain how a hardship would be caused by deportation

There could also be other documents or types of evidence that are needed, depending on the immigration enforcement issue. An immigration lawyer can help their client determine exactly what documents and evidence they will need, make sure the required information is submitted properly and on time, and their rights are protected during the process.

Do I Need a Lawyer for Assistance With Immigration Enforcement Issues?

Immigration enforcement issues can involve very weighty legal matters. In some instances, it can lead to removal or a bar on entry in the future. If you’re facing any immigration enforcement matters, you should contact an immigration lawyer immediately.

Your attorney can help discuss how the present immigration laws and policies may be affecting you, and can suggest possible options for you. Also, an immigration attorney can help explain any laws that aren’t clear to you.

LegalMatch can help, whether you are concerned about how much it will cost to find a lawyer or being able to understand the laws and requirements involved in your case. Immigration enforcement issues can be serious, so it is important to be able to communicate clearly with your lawyer and understand all aspects of your issue.

When you use the free lawyer-client matching services LegalMatch provides, you can select your language needs, allowing you to find a lawyer who will be able to effectively and clearly communicate with you about your case. Use LegalMatch’s free attorney-matching services today to find an immigration lawyer near you who can help you with your immigration enforcement issue.