Co-Counsel attorneys Rebecca Press and Terry Lawson are sounding the alarm about the risks faced by the migrant community, particularly Venezuelans in the United States. In a critical discussion, they address the lawsuit against the termination of TPS, the impact of expedited removal, and available legal options such as the Special Immigrant Juvenile Visa (SIJ).
Fear of Attending Court: The Biggest Threat Is Not Showing Up
Many individuals with pending cases fear attending their immigration court hearings due to concerns about being detained. However, Rebecca Press clarifies that failing to appear is the greatest risk and a serious mistake, as it results in an automatic deportation order, making removal from the country easier.
TPS and the Ongoing Lawsuit: A Favorable Ruling Would Benefit Everyone
Attorney Rebecca Press clarifies a common concern within the community: “It is not necessary to register with any organization to benefit from a possible favorable ruling in the lawsuit against the termination of TPS for Venezuela. If the court determines that the revocation was illegal, the benefit will apply to all affected individuals, not just an exclusive group,” she explains.
Expedited Removal: Who Is Protected and What to Do
Terry Lawson explains that expedited removal is a process used by ICE to deport individuals without a hearing before a judge. However, she emphasizes that not everyone is vulnerable to this procedure, as certain groups are protected. “People who have resided in the United States for more than two years are exempt from expedited removal. Additionally, those who entered the country with a visa or parole cannot be deported through this process. Another protected group includes unaccompanied minors, who have specific legal safeguards to prevent rapid deportation,” Lawson states.
According to the Co-Counsel attorney, migrants who have already undergone a credible fear interview are also protected from expedited removal. “This interview is a crucial step in the asylum process, where the individual must demonstrate a legitimate fear of persecution in their home country. Furthermore, anyone already in removal proceedings with a scheduled hearing before an immigration court is also protected, as their case is under judicial review,” she explains.
Beyond understanding these protections, Lawson highlights the importance of having the Declaration of Inapplicability of Expedited Removal document available in English and Spanish on the NYLAG.org website. “This document helps at-risk individuals prove that they belong to a protected category and, therefore, cannot be subjected to expedited removal,” she emphasizes.
The attorney underscores that if a person is intercepted by ICE and fears returning to their home country, they must express their fear out loud. This simple act can halt the immediate deportation process and grant them the right to an interview with a USCIS asylum officer instead of being handled directly by ICE. “If someone encounters ICE and is afraid to return to their country, they must voice their fear out loud to stop the deportation process and secure an interview with an asylum officer rather than ICE,” Lawson stresses.
Fear of Attending Court: The Biggest Threat Is Not Showing Up
Many individuals with pending cases fear attending their immigration court hearings due to concerns about being detained. However, Rebecca Press clarifies that failing to appear is the greatest risk and a serious mistake, as it results in an automatic deportation order, making removal from the country easier.
ICE has announced that it will begin making arrests at immigration courts, which has heightened fears within the community. However, Press explains that this does not mean all individuals with hearings will be detained. Rather, the strategy appears designed to discourage migrants from attending, thereby facilitating their eventual deportation. Lawson adds that in New York and some other states, ICE cannot conduct arrests in state courthouses without a judicial warrant.
Special Immigrant Juvenile Visa (SIJ): A Clear Deadline
Another key topic was the Special Immigrant Juvenile Visa (SIJ), a form of relief for migrant minors. Press and Lawson emphasize that this process is more complex than asylum and that finding free legal assistance for such cases can be challenging.
However, they point out that young individuals and their families can take the first step themselves by going to their county’s family court to request custody or guardianship, an essential requirement for starting the SIJ visa process. Additionally, organizations in New York, such as Safe Passage Project, The Door, and KIND, may offer assistance.
A crucial piece of information highlighted by the attorneys is that USCIS must receive the SIJ visa application before the applicant turns 21. “Even if someone is 20 years and 364 days old, as long as the application has been submitted, it remains valid,” Press clarifies.
Knowledge and Action as Keys to Immigration Protection
The Co-Counsel attorneys emphasize that the best way to protect oneself from current immigration policies is to stay informed and act swiftly. Resources such as the Declaration of Inapplicability of Expedited Removal, access to family court for SIJ visa applications, and the importance of attending immigration hearings are critical in avoiding greater risks. “The migrant community has resources and organizations willing to help, but taking the initiative and not missing legal deadlines is essential,” they warn.. VIA reafirma su compromiso de seguir trabajando para ofrecer orientación confiable y apoyo tangible a quienes más lo necesitan.