As concerns about immigration enforcement rise in Monroe County, local legal groups are working to explain who is actually at risk of deportation — and what rights people have during encounters with federal agents.
A joint coalition of the Monroe County Bar Association, the Rochester Black Bar Association and the Greater Rochester Association for Women Attorneys gave a virtual presentation this week regarding recent actions by United States Immigration and Customs Enforcement and the rights of those who are targeted.
Understanding who is actually at risk
During the presentation, Immigration Attorney Richard Link spoke about who exactly can be detained or deported and how it all depends on what your immigration status is.
According to Link, U.S. citizens cannot be deported, however if a person got U.S. citizenship by applying for it, which is called naturalization, it is possible that they could be denaturalized.
“If that happens then you are vulnerable to deportation,” Link said. “You should know that it’s not that easy of a process to do. Historically, it’s been very rare as you have to go into federal court to get a federal judge to order you denaturalized and the burdens on the government.”
Link walked attendees through how deportation risk varies depending on a person’s immigration status:
U.S. citizens
Permanent residents (green card holders)
Nonimmigrant visa holders (temporary status)
People who were granted asylum and refugees
• Temporary Protected Status (TPS) holders
• People granted parole
• Applicants with pending cases
• People with no current legal status
What happens after a deportation order
In the case that a person has been issued a deportation order, that person can ask ICE for a stay of removal. This basically means postponing the removal and it could be due to, for example, a serious medical issue.
The people at the highest risk of being detained and deported are those with no legal immigration status. “That would be the people that entered the U.S. without a visa or other permission, where they had some legal status at some point, but then it expired,” Link said.
— Kerria Weaver works as the Government and You reporter for the Democrat and Chronicle, with a focus on how government actions affect communities and neighborhoods in Rochester and in Monroe County.
This article originally appeared on Rochester Democrat and Chronicle: What immigration status means for deportation in the US
Reporting by Kerria Weaver, Rochester Democrat and Chronicle / Rochester Democrat and Chronicle
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