Do undocumented immigrants who signed their voluntary departure to ICE have legal options? | The State


At least 180 undocumented immigrants were detained and placed in immediate deportation proceedings by Immigration and Customs Enforcement (ICE).

The process for that agency is easier under the operative Broken promise, focused on those who signed their voluntary departure, where the date on which those people would leave the United States is specified, but they did not.

These foreigners are in the system of the Department of Homeland Security (DHS) and it would be – in theory – easier to find them, although some change addresses, but it would not be difficult to find them.

“ICE takes seriously its obligation to enforce our nation’s immigration laws”, he delivered Tony H. Pham, acting director of the agency. “Those arrested in this selective operation broke their promise to the United States government and we are enforcing the consequences of that dishonesty.”

Although immigrants who sign these voluntary departures restrict their options to stay in the country, activists and lawyers point out that there are options, depending on each case.

It is important to remind the undocumented that by signing voluntary departure they are agreeing to a final order of deportation, which is difficult to reverse.

Although if immigrants show that they signed out under pressure or duress, that opens some legal channels that would take time, but could work in their favor.

This would have better results if the foreigner manages to prove his statement within the 60 or 120 days that ICE gives the window for him to leave the country. Again: each case is unique and will depend on the evidence.

Those undocumented who are married to a US citizen can apply for their Permanent Residence, but that will require a request for forgiveness, which will force you to go to your country to conduct the interview and re-enter the US legally. This process can take years.

It should be remembered that people deported after breaking their promise must obey the call Punishment Law, which will sanction them for up to 10 years to re-enter the country.

As always, we suggest you consult an attorney before undertaking any immigration procedure and to evaluate your options.



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