Victim of Crime Unwittingly Triggers Arrest by ICE

Criminal charges are stressful for most people to face. The consequences for a conviction can be serious and include large fines and possibly even jail time. These situations have even higher stakes for immigrants. This is because, in addition to the criminal consequences that others could face, they might also find themselves facing deportation. In some situations, an immigrant could unwittingly find this happening to them.

This was the situation for an immigrant who actually contacted the police himself. When he did so, it was because he wanted to report his vehicle as missing. When law enforcement found his car, in addition to confirming his ownership, they also checked whether there were any warrants out for his arrest. As it turned out, there was one — though at the time it was unclear why Immigration and Customs Enforcement had issued a failure-to-appear warrant. After the police failed to learn anything more by contacting federal authorities, the man was released. After he left the police station, he was taken into custody by an ICE agent.

Later, ICE indicated the man had an outstanding deportation order from 2005, dating back to when he arrived in the United States and was arrested for misdemeanor DUI. The man came to the U.S. from El Salvador, seeking asylum from gangs in that country. Following that arrest, he was released pending a hearing. He was allegedly never called to that hearing, which led to the deportation order.

The situation is of particular interest to many where due process is concerned, because the city in which the man was arrested has a sanctuary-city law in place. This prohibits the city’s law enforcement from working with federal immigration authorities except in situations where the immigrants in question are violent felons.

As this situation illustrates, deportation matters are not always straightforward. Accordingly, it is generally a good idea for those facing such circumstances to work with an immigration lawyer.