According to a report by the U.S. World Journal, the U.S. Immigration and Customs Enforcement (USICE) has significantly intensified its efforts over the past two weeks to deport illegal immigrants with criminal records and foreign nationals with "tainted" green cards. The operation has spread to Asian communities, with Chinese students and green card holders already being affected, creating a climate of anxiety.
A Chinese student in San Diego was recently arrested after a heated argument with his girlfriend led to a report of rough behavior. He was arrested on the spot, and several days later, he received an immigration detainer. Both the police and immigration authorities set double bail for him, making the prospect of release difficult even for experienced lawyers.
Mr. Liu, a green card holder in Alhambra, had a "record" from ten years ago for importing counterfeit luxury goods. However, after serving his sentence and paying fines, he had traveled through customs without incident for years. To his shock, he was detained by immigration authorities at Los Angeles International Airport last week while returning from mainland China.
"The scale of this deportation operation by the U.S. Immigration and Customs Enforcement is rare in many years," a criminal defense lawyer stated. Since the 14th of this month, the fugitive operations teams composed of federal immigration and border enforcement agents have increased by 25%, from 104 to 129 personnel, and the number of relevant local task forces has increased from 80 to 150. Their primary mission includes searching for and deporting foreign nationals with records of felonies, more than two misdemeanors, multiple immigration violations, and the use of fraudulent documents. Although immigration authorities claim they have no internal quotas, sources indicate that they are mandated to complete at least 50 "tasks" per month, with California and Los Angeles being key targets.
According to the latest data released by the U.S. Immigration and Customs Enforcement, 216,700 "foreigners with criminal records" were deported nationwide in 2011, accounting for 55% of the total 396,906 deportations, which is three times the figure from a decade ago. From 2012 to May 21, 127,044 illegal immigrants and green card holders with criminal records have already been deported.
Chinese-American immigration lawyers remind the public that when police handle reports, they typically request the individual's identity information, such as name, address, and driver's license. It is particularly important to note that the individual's place of birth is the key factor leading to the issuance of an immigration detainer. Therefore, when questioned by police about "whether you were born abroad," it is best to tell the officer, "My lawyer advises me not to provide that information." Lawyers state that this is the right of every citizen, and the police cannot force an answer.
Furthermore, the distinction between misdemeanors and felonies is critical in determining whether immigration authorities will issue a detainer after a criminal has served their sentence. Recently, three Chinese individuals were convicted of fighting at a beer house on San Gabriel Boulevard and sentenced to 365 days in jail. They expected to start a new life after their release, but were instead taken directly to an immigration detention center upon leaving prison.
Chinese lawyers advise that in the current tense climate, foreign nationals who are not U.S. citizens must strictly abide by the law to avoid legal entanglements. If arrested or encountered by immigration officials, do not easily disclose your place of birth, and do not plead guilty without careful consideration to avoid providing grounds for legal action. Seek assistance from a professional lawyer immediately if a situation arises. Deng Hong noted that even for individuals with criminal records, there is not zero hope of remaining in the U.S.; changes in status, such as marriage to a U.S. citizen or having children born in the U.S., may allow for a re-examination by the immigration court to fight against deportation.
