Q&A with Immigration Attorney Elizabeth Ricci, Rambana & Ricci, PLLC
Question: What basic rights do migrants have if they are detained by ICE and what should they know if they are?
Answer: The priority now is to detain and remove migrants with deportation orders and those with serious criminal records.
If someone is arrested by ICE, they have the right to a hearing before an immigration judge and the right not to sign a stipulated waiver agreeing to leave the U.S. without having a hearing first, the right to remain silent, and in most cases, the right to an attorney. However, keep in mind that most immigration violations are not criminal, they are civil, so there is no right to a government-appointed attorney.
Due to the backlog of 3.5 million cases in Immigration Court, hearings may not take place for 3+ years, during which time they can apply for an EAD.
Their families should consult the DHS National Detention Handbook at https://www.ice.gov/doclib/detention/ndHandbook/ndhSpanish.pdf to find out where their loved one is.
Question: What is your advice for people who have status like TPS or DACA or who have no status at all?
Answer: Be prepared. Immigration rules and policies are changing. If you have status, maintain good moral character. If you are encountered by law enforcement, you have the right to an attorney, to remain silent, and to not waive your right to a hearing. You can contact my office for a free power of attorney packet that we will notarize on Tuesdays by appointment.
Question: What basic rights do migrants have if they are detained by ICE and what they should know if they are?
Answer: The priority now is removing migrants with deportation orders and those with serious criminal histories.
If someone is arrested by ICE, they have the right to a hearing before an immigration judge and not to sign a stipulated waiver agreeing to leave the US without having had a hearing first, the right to remain silent and, in most cases, a right to an attorney. Keep in mind, though, that most immigration violations are not criminal, they are civil, so there is no right to a government appointed attorney.
Because of the 3.5 million Immigration Court case backlog, hearings may not take place for 3+ years during which time they can request an EAD.
Their families should consult with DHS’s National Detainee Handbook at https://www.ice.gov/detain/detention-management/national-detainee-handbook to figure out where their loved one is.
Question: What is your advice for people who have status such as TPS or DACA or no status at all?
Answer: Be prepared. Immigration rules and policies are changing. If you have status, maintain good moral character. If you are encountered by law enforcement, you have the right to an attorney, to remain silent, and not to waive your right to a hearing. You can contact my office for a free Power of Attorney package that we will notarize on Tuesdays by appointment.
Elizabeth Ricci’s contact information: Rambana & Ricci, PLLC, 2915 Kerry Forest Parkway, Suite 104, Tallahassee, FL 32309, 850.224.4529
