Houston lawyer explains what rights undocumented immigrants have
What should you do if you're an undocumented immigrant in Houston?
Well, things are changing fast with immigration under the new administration.
HOUSTON - With the recent changes to immigration policy and highlights of Immigration Custom Enforcement's operations - Houston immigration lawyer, Magali Suárez Candler, says the entire immigrant community is on edge.
A lot people living in Texas are undocumented. Here's what they need to know
The backstory:
There are an estimated 1.6 million undocumented immigrants in the state of Texas, according to PEW research center.
ICE officials say they are conducting targeted operations and are not conducting "raids" at random. They say they are targeting illegally present convicts and those accused of crimes - but also make collateral arrests if they encounter other undocumented non-citizens during operations.
"Who was deported? Are they being detained? Are they allowed to see immigration judges - or are they all being put on planes? I don't really know, but we'll see," she said.
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Immigrant rights :
Candler says undocumented immigrants, who don't have a criminal history, do have some constitutional rights - including the right to due process.
Due process is a legal requirement that the government follow certain procedures when making decisions that could affect a person's life, liberty, or property, according to the U.S. constitution.
The immigration attorney we spoke with says most undocumented immigrants have:
- The right to an attorney
- The right to have an immigration hearing (due process)
- The right to remain silent
Interaction with ICE:
ICE, like other law enforcement, can only be authorized to enter someone's home or property with a warrant, says Candler.
"I suggest they ask for a warrant if any officials are trying to enter their property," she said.
But, ICE does not need a warrant to arrest someone who is actively violating immigration laws.
Candler suggests that all immigrants, regardless of status, should carry documentation with them.
"I feel they should tell the truth about who they are and if they have any immigration process started, they should carry something with them, something to show that they have already started their process to get a green card," she said.
Candler says if an illegal immigrant is approached by immigration enforcement, they likely have the right to request a lawyer and see an immigration judge.
"They should say they would like to speak with their attorney. If they don't have an attorney, call a family member to get an attorney for them," she said.
She said, unlike a criminal proceeding, these individuals are not entitled to a court-appointed attorney and are required to hire their own.
She says the circumstances vary for each person and their immigration status, so finding legal representation is wise for any immigrant who is in the U.S. without documentation or with pending documentation.
"Some would be eligible for bond. Some of them would be eligible to apply for perm residency. Some may be truly afraid to return to their country," she said.
The Source: FOX 26 Reporter Abigail Dye spoke with Houston immigration lawyer, Magali Suárez Candler.