Knowing Your Rights in the Face of Immigration Officers

Regardless of your immigration status, we are all granted certain inalienable, legal rights granted to us by the constitution, as well as through pure humanity. However, with the current administration taking such a staunch, most would say incredibly harsh, stance on immigration, its vital that individuals -especially those who are immigrants by status, do as much as they can to stay aware of any and all rights. Especially dangerous with the current issues occuring due to the COVID-19 virus, and the incredibly strict travel rules which are currently in affect – both due to the virus, and the existing ban on travel for certain individuals and to certain countries. As the top immigration attorney NYC has to offer, Ms. Biana Borukhovich, Esq. has helped countless immigrants deal with all manner of issues for many years, and having seen the landscape both before and after President Trump, she has never been more serious when instructing clients to be careful and stay on top of their legal situations. Ms. Borukhovich and those who work at any other immigration law office NYC has practicing have been staying quite diligent as the Trump Administration, in many instances, has even gone against state laws, and used federal legislation to supersede aspects of society that have been in place for years. For instance, Ms. Borukhovich, as the top immigration attorney NYC has practicing, has always been able to tell her clients to rest easy as they get their paperwork in order, as New York City was considered to be a sanctuary city, and therefore the government couldn’t do much to police immigrants. However, President Trump has initiated federal laws, that now do not recognize the state laws that have been in place – essentially, this means that ICE officers have been able to pluck immigrants right off the street, just by their appearance, and the assumption that they are foreigners. Not only does this go against laws that have been on the books for decades, but it is a practice based completely off discrimination – which many would say goes against the entire fabric of what it means to be American. Here are some important things to know for those currently dealing with their immigration issues.

· What is Immigration Enforcement Doing Differently Under this Administration?

Immigration and Customs Enforcement (ICE) is the main federal agency that is responsible for enforcing the immigration laws that are currently on the books. According to Ms. Borukhovich, the top Immigration Attorney NYC has in practice, the scariest part is that ICE agents can essentially pick people off the street and deport people without lawful immigration status and those individuals with status, who have certain criminal convictions – this is almost unheard of as it includes permanent residents or green card holders, refugees and more. In early 2017, President Trump issues an executive order that expands detention and deportation priorities for ICE – thus leading to far more deportations than ever before.

· Travel Restrictions

The fact is that while the world is dealing with a viral pandemic, travel is infinitely more restricted, most notably between Europe and the United States – as well as any other countries within Asia that have been affected by the virus. Aside from the newer restrictions the team at the Law Offices of Biana Borukhovich, the top immigration law office NYC has in practice, have been dealing with Trump’s travel ban for the last two plus years, as during early 2017, he issued an executive order to try to restrict travel into the U.S. for refugees and some people from certain countries. A lawsuit was immediately filed challenging that order, and a federal court suspended the order, stopping it from taking effect until the lawsuit is resolved. It is advised that those immigrants who wish to travel at all, even within the US, should seek the advisement of an immigration attorney, and should bring any and all documents including any government issued ID’s, driver’s license, passport, green card or visa papers – anything else that might help you to make sure they do not detain you.

· Who is at Risk of Being Detained?

The fact is that despite New York City’s status as a sanctuary state, Trump’s executive order means that federal law no supersedes that, and just because you are minding your business walking down a New York street, you are not safe. The current law allows the federal government to detain and likely deport certain immigrants, via the ICE agents. This includes:

o Any undocumented immigrant (person without lawful immigration status),

o People with lawful immigration status (e.g., lawful permanent residents, refugees, and visa holders) who have certain criminal convictions.

The problem with these stipulations is that in many instances, when an individual was a lawful resident, and simply could not prove it with paperwork at the current moment – as very few individuals keep a series of papers on them, if they were maybe running out of their home quickly, therefore they were often detaining people for the full 48 hours without any recourse, simply because you might look foreign. For more information on your rights as an immigrant, be sure to contact Ms. Borukhovich today.