311 E. Main Street, Durham, NC 27701 Info@MarcusHillAttorney.com

Phone: 919-688-1941

 
 
 

Immigration Law Information

   

New ICE Immigration Detainers Policy The new detainer form (I-247A) was created by ICE, and its implementation on April 2, 2017, will fulfill the requirement of Secretary Kelly’s February 20, 2017, memo, “Enforcement of the Immigrations Laws to Serve the national Interest” to “eliminate the existing detainer forms and replace them with a new form to more effectively communicate with recipient law enforcement agencies.”

 

Read full policy: Policy #10074.2: Issuance of Immigration Detainers by ICE Immigration Officers

https://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf

 

New I-247A Detainer form

https://www.ice.gov/sites/default/files/documents/Document/2017/I-247A.pdf

 

Guidance for completing I-274A Detainer form

https://www.ice.gov/sites/default/files/documents/Document/2017/I-247A-Guidance.PDF

 

SAMPLE - Warrant for Arrest of Alien

https://www.ice.gov/sites/default/files/documents/Document/2017/I-200_SAMPLE.PDF

 

SAMPLE - Warrant of Removal/Deportation

https://www.ice.gov/sites/default/files/documents/Document/2017/I-205_SAMPLE.PDF

 

 

Advice for the Undocumented in the Trump Era:

 

President Trump has broadened the categories of undocumented individuals subject to deportation, removal and detention to include those charged with a crime, those convicted of a crime and even those who have committed a crime for which they have not been charged.

 

The best way to avoid the above risks is to avoid committing. If you do not have a license please do not drive. If your car is in your name and you drive your car, an officer can run your plates without your committing any infraction and/or crime and stop you for driving without a license or otherwise.

 

Do not carry an identification card from a foreign country like Mexico's matricula consular and do not post information on Facebook or other social media that identifies you as from another country.

 

If the police knock on your door, do not open the door unless the police have a search warrant, which is a court order. If the officer says he has a search warrant ask him to slip it under the door and make sure it is signed by a judge or magistrate.

 

If you have contact with an officer, please respond to his/her questions with polite silence, give the officer your local identification card if requested and you have one and do not lie. Please do not volunteer or say you are from another country and do not volunteer information.

 

If you are stopped in a car, be polite and cooperative. Remain in your car unless ordered out by the officer. Provide ID if you have it, but politely decline to answer questions about your citizenship. Do not make statements or agree to any searches or physical tests. Tell the officer that your attorney, Bailey Farrin or Marcus Hill, has directed you as described above, and ask to be allowed to call your attorney. Do not call the police, except in emergencies.

 

You need to be alert to what is going on and have a plan but please do not panic because you cannot live your life that way. If you do not commit a crime, your chance of getting picked up at random is low.

 

Please call or text me, your attorney, Bailey J. Farrin (919) 302-8271.

 

 

Information from CLEAR on IDP & ICE.

 

IDP & CLEAR - ICE Raids (PDF)

Sample Arrest Warrant 1 (PDF)

Sample Arrest Warrant 2 (PDF)

Sample ICE Admin Warrant (PDF)

 

 

Find a person in detention

 

Use ICE’s online detainee locator to find an adult who is in immigration custody. https://locator.ice.gov/odls/homePage.do

If you can’t find a person using the online locator, call the local ICE office.

 

 

Congressman Luis Gutierrez - Working with Immigrant Rights Groups

 

Many immigrants in the U.S. are working to become citizens so that they can vote. Congressman Luis Gutierrez and a coalition of immigrant rights groups are working to naturalize 1 million people.

 

Read more: http://www.gutierrez.house.gov/issue/immigration

 

 

Immigration Customs and Enforcement ("ICE") arrests Riverside high school student in Durham!

Raleigh, January 28 2016.- A 19 year old Honduran student was arrested by ICE (Immigration Customs and Enforcement ) on Thursday morning as he was leaving his home for school at Durham Riverside High School. Wildon David Guillen Acosta was arrested by immigration officials shortly before 7:00 am at the door of his home in Street Liberty Street in Durham.

 

Hector Guillen, Wildon’s father, was in the house when the incident occurred. He told Que Pasa his son went to warm up the engine of his car to go to school, when he was intercepted by agents of Immigration and Customs Enforcement (ICE). They were wearing civilian clothes, and were waiting in the parking lot of the apartment complex.

 

"There were two (of them. They ) were wearing civilian clothing, but showed that they were from ICE," said Mr. Guillen. "They threw him to the ground, handcuffed him and took him away," said the man who watched the scene. Mr. Guillen said he was unable to intervene for fear that he and his younger daughter (16 years of age), could also be detained by agents.

 

Wildon Acosta had crossed the southern border from Honduras on June 9, 2014, escaping the crime and violence that exists in that country, according to his parents. After being arrested at the border, he was delivered to his parents in Durham, and started his immigration process in Charlotte immigration court.

 

The parents said that after attending his first court date, Wildon decided not to return for the second court date, which was scheduled for March 2015. He claimed he was fearful of attending the scheduled court date because his lawyer told him that there was "nothing to do" as he had already turned 18 years of age.

 

Later, his parents said they received a notice which indicated Wildin should leave the country, but the young man decided to stay because he was determined to succeed.

 

Dilsia Acosta, Wildon’s mother, was not at home when the arrest occurred. She explained Wildon’s decision to stay as "That was his purpose: to study and not rest because his plan was to be a professional and move forward," She added that Wildon is in the final year of high school, and dreamed of becoming an engineer. She noted that he is studying mornings and afternoons, and working in a restaurant.

 

"I'm devastated because they took our son," she said. "It is an injustice because he has come here with good intentions". She said she now fears for Wildon’s life because if he is deported to Honduras, he could be a victim of criminal gangs. She was not at home when the arrest occurred.

 

"In Honduras, what awaits young people is crime, gangs ... so many children come to this country fleeing not poverty, but crime," Dilsia Acosta said. "We know that if we work we will eat and have the bread of the day, but there it is only death, mourning, sadness. That's what awaits you,"

 

Dilsia Acosta also sent a message to President Barack Obama: "I would say to do justice, and to stop the raids," she said.

 

 

The Carolina Advocates for Justice has the following downloadable files on Immigrant Rights: PAK Materials, Education/Educacion, NCAJ Brochure, NCAJ Brochure (Spanish), Deportation Checklist, and Know Your Rights (Spanish). Visit their Immigrant Rights for families page at https://www.ncaj.com/index.cfm?pg=Immigrant_Rights

 

 

Immigration Status Partial Checklist

  1. Where were you born?
  2. When did you enter the U.S.?
  3. Did you enter the U.S. with or without papers?
  4. Have you ever had any contact with the police? When? Please describe in detail the encounter.
  5. Have you ever been deported?
  6. Are any of your parents or grandparents U.S. citizens or do any of them have some sort of legal status in the U.S.?
  7. Has anyone ever submitted immigration papers for you? When? What type of papers were they?
  8. Have you gotten your permanent residence or any other type of permit?
  9. Is your spouse a U.S. citizen or permanent resident?
  10.  Have you ever cooperated in a criminal investigation?
  11. Have you been in the U.S. for ten or more years?
  12. Do you think anyone will try to harm you if you return to your country?
  13. Has you or any family member been a member of the Armed Forces or military in the United States?
  14. Have you ever been a victim of a crime in the United States and have you reported the crime to the police? Did you cooperate with them?
 

 
Immigrant Legal Resource Center

Information from our friends at Immigrant Legal Resource Center

Freedom of Information Act Requests Video

English
Spanish

 

Living in the United States: A Guide for Immigrant Youth (PDF)

English

Spanish

 

Special Immigrant Juvenile Status (SIJS) Primer: How to Seek SIJS Findings in California Superior Courts

 

Special Immigrant Juvenile Status Role-Play: Responding to Common Questions in State Court Proceedings

 

Special Immigrant Juvenile Status: A Primer for One-Parent Cases

 

Naturalization Quick Reference Charts

 

How Proposition 47 Impacts Immigrants Podcast

 

AB 60 California Driver's License FAQs Podcast

 

U.S. Citizenship and Immigration Services

 

Raleigh.- The "dreamers" who have obtained work permits valid for three years, as a benefit of deferred action for childhood arrivals (DACA), have started to receive letters from the government notifying them that their three year work permits will be replaced by permits valid for only two years.