Atlanta, GA – Following a court ruling that took effect over the weekend, U.S. Immigration and Customs Enforcement (ICE) agents can arrest all illegal immigrants they see fit as the protections  previously put in place by the Biden administration no longer apply. Earlier this month, a District Court judge in Texas blocked the Department of Homeland Security (DHS) policy that shielded certain immigrants from immediate arrest and deportation.

Last autumn, DHS chief Alejandro Mayorkas issued a memo to ICE and other agencies, directing them to focus on immigrants posing a national threat or recently arrived foreign nationals. According to the memo, illegal immigrants who had arrived in the U.S. before November 2020 were not to be arrested and deported if they had not committed serious crimes.

Families with small children, nursing mothers, victims of violent crimes, and US Army veterans were also shielded against arrest and deportation.

After the ruling in Texas, the memo is now suspended and ICE agents have no official guidelines on who they should arrest and who not. 

Legal experts warn that this could lead to inconsistent enforcement actions across the country. There will be significant “variations” in how different ICE field offices carry out arrests. Given their record, ICE officials in Atlanta could try to maximize arrests, according to Muzaffar Chishti, a senior fellow at the non-partisan Migration Policy Institute, quoted by CBSNews.

Individuals in jurisdictions which have historically been more prone to enforcement have more to fear now than those in jurisdictions that have a more balanced approach toward enforcement,” Chishti said.

What can illegal immigrants do if they are arrested by ICE agents?

The Biden administration has put an end to large-scale ICE arrests at worksites and expanded the list of “protected areas” where immigrants should not be arrested to include disaster sites, places where children gather, and social services establishments. While the order still stands, undocumented aliens need to be careful at all times.

If you have reason to believe a loved one was arrested by ICE, you should talk to an experienced Atlanta immigration lawyer right away. 

First, you’ll need help locating the person in one of the many detention facilities. Your lawyers will try to arrange a bond hearing, which is the only way the illegal immigrant can get out of the detention facility. This is essential not only to spare them the awful conditions in ICE facilities but also to allow them to prepare for their deportation defense.

Next, your Atlanta deportation lawyers will focus on the defense strategy at the Immigration Court hearing. Depending on the circumstances, your lawyers may file for adjustment of status or asylum.

Even if the immigration judge issues a deportation order, there’s still time to file an appeal.

If someone you love was arrested by ICE, schedule an appointment with a trustworthy lawyer at Kuck | Baxter Immigration LLC in Atlanta or their South Georgia office and get them the legal assistance they need. Also, if you fear you may be arrested, talk to a lawyer and see how you might apply for a Green Card

Contact info:

Kuck | Baxter Immigration LLC

365 Northridge Road

Suite 300

Atlanta, GA 30350

Tel : (404) 816-8611

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