New York Decides to Protect Undocumented Immigrants
Undocumented immigrants are the target of border forces
The current administration of the US has tried to reduce illegal immigration by all means. On the one hand, President Trump hired thousands of border agents, built a large part of the border wall, and increased restrictions on authorized ports of entry. On the other hand, his government has used border entities to conduct operations and detain undocumented immigrants within the US, who managed to cross the borders without prior authorization.
The strategy of mass deportations aims to “teach a lesson” to foreigners who decided to cross borders unlawfully and reduce benefits for them. Thus, to achieve this goal, the Trump administration has used Immigration and Customs Enforcement (ICE), which is a branch of the Department of Homeland Security (DHS).
ICE has been involved in multiple controversies during Trump’s term due to the nature of its duties. This federal agency created agreements with law enforcement entities of each state to be able to detain undocumented immigrants in prisons, correctional facilities, immigration courts and public places.
However, each state has the power to decide whether local entities can cooperate with border forces such as ICE or not. In fact, there are “sanctuary cities or jurisdictions” that ban cooperative agreements with ICE.
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New York bans ICE from detaining undocumented immigrants in court
On Tuesday, December 15, 2020, New York Governor Andrew Cuomo passed the “Protect Our Courts Act,” which states that ICE no longer has the power or right to detain undocumented immigrants in or near local courts.
Cuomo states that hundreds of immigrants do not attend their hearings for fear of deportation, which increases the lack of documentation and prevents them from having the opportunity to follow a legal and valid immigration process, without the possibility to “freely access the justice system.”
New York Governor also states that “Unlike the federal government, New York has always protected our immigrant communities (…) This legislation guarantees all New Yorkers that they can go to court without fear of be unfairly approached by ICE or another federal immigration authority”
It is important to clarify that if the court, during the hearing, decides that the foreigner must leave the US or face deportation proceedings, this law does not offer protection against this scenario.
This is truly positive news and a door of hope for thousands of immigrants who have a pending hearing, but have lost the opportunity to request legal documentation for fear of deportation.
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Our team can help you with your immigration case
Immigration policies usually change periodically depending on the administration of the US. Therefore, to avoid possible rejection of your application, it is advisable to follow the guidance of reliable experts, who are up to date with current immigration policies and will help you choose the right process.
If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.
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