In distress can anyone help? God bless you!

[Faithiskey 0]

My friend moved here when he was 5 went to school graduated went to college until one day he got arrested for evading arrest which was a few years ago he was 21 He only ran because he was scared. He got caught was detained in EP got released on bond and worked on dropping his felony they gave him for running to a misdemeanor because his lawyer told him with a felony on his record there is no way he can fight to stay in this country and would automatically be deported. So therefore he worked on doing that in the mean time he had trial for immigration which he went once his immigration lawyer asked for more time(drop the felony here in us to misdmor) and he got a letter a few months later he needed to show to this final one but couldn't because he stil had felony on his record so he didn't go. So now he finally got the felony dropped to a misdemeanor and then received a letter from immigration & customs that since he missed his last court date he needed to be deported:( after 4yrs of trying! He has no family in Mexico all his family is here he doesn't speak fluent Spanish. He's a good kid never got in trouble to shy wouldn't hurt a fly and now he has the BP after him. He doesn't know what to do and how to handle them when they come to look for him. He said the last time thy came his family didn't answer the door and they finally left. So I'm wondering as to what can the BP do as far as interrogation of family and searching? Are they violent? Can his family get in trouble for hiding him? I feel so helpless he is so depressed and miserable he can't work start a life/family here! His GF left him. Any help advice would help! God Bless You!

[Kathryn41 3,205]

Moved from Immigration News Forum to General Immigration as not a news item

[JimVaPhuong 4,863]

My friend moved here when he was 5 went to school graduated went to college until one day he got arrested for evading arrest which was a few years ago he was 21 He only ran because he was scared. He got caught was detained in EP got released on bond and worked on dropping his felony they gave him for running to a misdemeanor because his lawyer told him with a felony on his record there is no way he can fight to stay in this country and would automatically be deported. So therefore he worked on doing that in the mean time he had trial for immigration which he went once his immigration lawyer asked for more time(drop the felony here in us to misdmor) and he got a letter a few months later he needed to show to this final one but couldn't because he stil had felony on his record so he didn't go. So now he finally got the felony dropped to a misdemeanor and then received a letter from immigration & customs that since he missed his last court date he needed to be deported:( after 4yrs of trying! He has no family in Mexico all his family is here he doesn't speak fluent Spanish. He's a good kid never got in trouble to shy wouldn't hurt a fly and now he has the BP after him. He doesn't know what to do and how to handle them when they come to look for him. He said the last time thy came his family didn't answer the door and they finally left. So I'm wondering as to what can the BP do as far as interrogation of family and searching? Are they violent? Can his family get in trouble for hiding him? I feel so helpless he is so depressed and miserable he can't work start a life/family here! His GF left him. Any help advice would help! God Bless You!

They can get a search warrant to enter the house. If they do, they won't need permission from his family. If any of his family are also here illegally, they would likely be arrested as well. If they come in with a search warrant you can expect they will use force. They aren't going to intentionally beat the ####### out of anyone, but they will treat people rough - forced to the ground and restrained, etc.

Yes, his family can get into trouble for harboring him.

He might be able to stop the deportation if he can file an appeal with the BIA or a federal appeals court. He should go and see his attorney. This will cost some serious cash, but I think it's his only hope.

[Terry Martin 1]

The question here is what the initial evading arrest charge was all about. The fact of the matter is that he appears to have not only broken the law, but missed an important immigration hearing. You say he is a good kid, and I am tempted to believe you, but fleeing from the law is a very bad thing to do in this country. All I can do is wish you both the best of luck in the future!

[justashooter 430]

you would be advised not to harbour this person. they are wanted and if you harbour them you are commiting a crime.

tough toodles on his illegal presence. if his mother or father care about him at all they will go back to mexico with him, as they are prolly illegal, too. America is tired of listening to lawbreakers denying truth. it is time to pay the piper.

[belinda63 3,038]

Not to be harsh but his only choices at this point are a very excellent attorney or to return to Mexico. He made a number of mistakes and is only making things worse for himself and his family by remaining here. His family could suffer serious consequences if they are found to be hiding him (not even in their house but also by lying/failing to reveal information to the authorities).

Knowing that he has been ordered deported what do you think he will do at his next encounter with law enforcement, of course he will run again and maybe this time kill a child or himself in the process.

[Darnell 8,478]

when ICE is on a 'search' for an illegal alien, no warrant is needed to bust down the door.

Sorry. If ICE expects to need to be loaded for bear, if this person is hiding in some 'known illegal alien den', then ICE can do whatever they want, for apprehending the illegal alien.

If yer friend would want to spare his 'family' any further 'investigation and deportation' - tell yer friend to show up at the ICE office with a suitcase - at least he'll spare his family any arrest and deportation, yes? They've been in hiding, this long, using false papers, and now harboring a fugitive - so when ICE is at THEIR door, they will most likely take ALL of them in, for a small stay, until the fingerprints are validated in the national database.

I wish I had 'other news' for you, but - it is what it is. He's illegal, and needs to be gone. ICE will do their job - but your friend has a few moments now, to make a decision for 'just him' or 'all of the family'. He should make a choice, today.

Edited July 7, 2010 by Darnell

[Pooky 3,787]

when ICE is on a 'search' for an illegal alien, no warrant is needed to bust down the door.

Sorry. If ICE expects to need to be loaded for bear, if this person is hiding in some 'known illegal alien den', then ICE can do whatever they want, for apprehending the illegal alien.

If yer friend would want to spare his 'family' any further 'investigation and deportation' - tell yer friend to show up at the ICE office with a suitcase - at least he'll spare his family any arrest and deportation, yes? They've been in hiding, this long, using false papers, and now harboring a fugitive - so when ICE is at THEIR door, they will most likely take ALL of them in, for a small stay, until the fingerprints are validated in the national database.

I wish I had 'other news' for you, but - it is what it is. He's illegal, and needs to be gone. ICE will do their job - but your friend has a few moments now, to make a decision for 'just him' or 'all of the family'. He should make a choice, today.

100%

[JimVaPhuong 4,863]

when ICE is on a 'search' for an illegal alien, no warrant is needed to bust down the door.

Sorry. If ICE expects to need to be loaded for bear, if this person is hiding in some 'known illegal alien den', then ICE can do whatever they want, for apprehending the illegal alien.

This is not correct. ICE is not above the 4th amendment. They need a warrant or the permission of the occupant to enter a home. ICE can issue arrest warrants on their own, but an arrest warrant cannot be used to force entry into a home. They need a search warrant, and that can only be issued by a judge.

Most of the time, when someone's home is entered without a search warrant it's either because they were intimidated into agreeing to let the officers enter, or they stood in the open doorway talking to the officers (an open doorway is considered an invitation to enter). This is why attorneys always recommend you either talk to the officers through the closed door, or you go outside and close the door behind you. If the officers have a valid search warrant then they won't bother talking to you first - they'll just kick the door down. This applies to federal officers (including ICE), as well as state and local officers.

The National Immigration Law Center has several pamphlets describing what your rights are when you have an encounter with federal immigration officers. While I don't agree with their opinions on immigration law and reform, their advice on your legal rights is spot on.

[Darnell 8,478]

Jim - ah - thanks for the clarification. I had studied many briefs on 'visits' this year, but not have them in front of me when responding. Ouch.

[JimVaPhuong 4,863]

Jim - ah - thanks for the clarification. I had studied many briefs on 'visits' this year, but not have them in front of me when responding. Ouch.

No worries! I'm still chewing on my foot from a statement I made in another thread yesterday.

[TOM&Riz 4]

This is not correct. ICE is not above the 4th amendment. They need a warrant or the permission of the occupant to enter a home. ICE can issue arrest warrants on their own, but an arrest warrant cannot be used to force entry into a home. They need a search warrant, and that can only be issued by a judge.

Most of the time, when someone's home is entered without a search warrant it's either because they were intimidated into agreeing to let the officers enter, or they stood in the open doorway talking to the officers (an open doorway is considered an invitation to enter). This is why attorneys always recommend you either talk to the officers through the closed door, or you go outside and close the door behind you. If the officers have a valid search warrant then they won't bother talking to you first - they'll just kick the door down. This applies to federal officers (including ICE), as well as state and local officers.

The National Immigration Law Center has several pamphlets describing what your rights are when you have an encounter with federal immigration officers. While I don't agree with their opinions on immigration law and reform, their advice on your legal rights is spot on.

The 4th amendment is a right afforded citizens of the United States, if it is confirmed that illegals are primary residents that right or amendment does not pertain to them ...

[TOM&Riz 4]

The 4th amendment is a right afforded citizens of the United States, if it is confirmed that illegals are primary residents that right or amendment does not pertain to them ...

here is the text -

Another matter of scope recently addressed by the Court is the category of persons protected by the Fourth Amendment--who constitutes ''the people.'' This phrase, the Court determined, ''refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with [the United States] to be considered part of that community.'' 28 The Fourth Amendment therefore does not apply to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a foreign country. The community of protected people includes U.S. citizens who go abroad, and aliens who have voluntarily entered U.S. territory and developed substantial connections with this country. There is no resulting broad principle, however, that the Fourth Amendment constrains federal officials wherever and against whomever they act.

[JimVaPhuong 4,863]

here is the text -

Another matter of scope recently addressed by the Court is the category of persons protected by the Fourth Amendment--who constitutes ''the people.'' This phrase, the Court determined, ''refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with [the United States] to be considered part of that community.'' 28 The Fourth Amendment therefore does not apply to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a foreign country. The community of protected people includes U.S. citizens who go abroad, and aliens who have voluntarily entered U.S. territory and developed substantial connections with this country. There is no resulting broad principle, however, that the Fourth Amendment constrains federal officials wherever and against whomever they act.

You could have saved me some trouble by providing a link.

That was the result of the case of UNITED STATES V. VERDUGO-URQUIDEZ, 494 U. S. 259 (1990). In that case, US drug enforcement officials, assisted by Mexican law enforcement authorities, seized documents from the residences of a drug trafficker Verdugo-Urquidez in Mexico. His attorneys asked that the evidence be suppressed because it was seized without the benefit of a search warrant - a violation of the 4th amendment. The district court agreed. The appellate court also agreed. The US Supreme Court did not. They held that "The Fourth Amendment does not apply to the search and seizure by United States agents of property owned by a nonresident alien and located in a foreign country". It would have been different if he were a US citizen or US national, as even his property abroad would have been protected from US law enforcement by the 4th amendment. The Court further determined that if there was a violation of any Constitution, then it would have been a violation of the Mexican Constitution because the respondent was a citizen of Mexico and the property that was searched and seized was in Mexico.

Now, find a case where US federal immigration officers entered a home in the United States without either a search warrant or permission from the residents, and the search was upheld as lawful.

[TOM&Riz 4]

Although Verdugo-Urquidez was not himself an illegal alien (because his presence in the country was the result of conduct by U.S. authorities), [FN28] the language used to describe why the Fourth Amendment did not apply to protect him could very easily refer to someone from that group as well; [t]he Fourth Amendment, the Court stated, only enures to the benefit of "persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community." [FN29] Certainly many illegal aliens, especially those who have just crossed the border, would have a hard time showing they have developed a "sufficient connection" to the United States. Indeed, the Court admitted in Verdugo-Urquidez that "[o]ur statements in Lopez-Mendoza are ... not dispositive of how the Court would rule on a Fourth Amendment claim by illegal aliens in the United States if such a claim were *396 squarely before us," [FN30] and lower courts have not been hesitant to apply Verdugo-Urquidez to the latter group. [FN31]

If that means that illegal aliens have no Fourth Amendment rights, consider the implications. Of all the people in the United States, including violent criminals, only those who lack proper documentation can be searched and seized without justification.