Audio By Carbonatix
Immigration lawyer Angela Moore has dispelled widespread fears surrounding the United States Immigration and Customs Enforcement (ICE), explaining that detention does not automatically result in deportation, although a poor immigration history can leave individuals with limited options.
Speaking on JoyNews’ AM Show on Wednesday, January 28, Ms Moore said many people mistakenly believe that being detained by ICE leads directly to deportation.
“People think that when you're detained by ICE, which, by the way, means Immigration and Customs Enforcement for the U.S., they think that when you're detained, you will be deported. It doesn't necessarily track that path.”
According to her, detention can, in some cases, create opportunities to regularise one’s immigration status, as certain benefits are only available during removal proceedings.
“Sometimes you are detained, and then that actually opens an opportunity for you to get your legal status fixed because there are some benefits that you can only apply for when you are in deportation proceedings or when you're facing removal.”
However, she cautioned that individuals who already have a final order of removal face a much higher risk of deportation, particularly if they failed to attend court hearings or abandoned their applications.
“For some of our Ghanaians, though, because they didn't follow through with the process and already had removal orders, when ICE detains them, they no longer have the option to apply for any of these benefits. Okay. And because there is already a final order of removal, then they are removed,” she explained.
Ms Moore said that although she works with clients from various countries, she has noticed recurring mistakes among Ghanaians who travel to the United States. She noted that these errors often begin shortly after arrival and are compounded by reliance on unqualified advice.
“Typically, they would come on a visa and then decide, oh, I love it here. I want to stay. Okay, well, a little mistake, but not much. And then they talk to people who are not attorneys. They talk to people who are not immigration law attorneys. And then they purport to direct their path into how they can get legal status.”
She also pointed to rushed marriages as one of the most common decisions that later undermine immigration cases.
“Many of them enter into marriages too early, too quickly. It is one of the most potent ways. And it is one of the fastest ways. And it's one of the most commonly known ways. Not the only way, there are several other ways. But that's what our people know.”
Describing typical scenarios, she said some individuals divorce spouses back home and remarry almost immediately after arriving in the US.
“So you see somebody come in with a visa, three months later they have divorced their spouse that was here in Ghana. And then they are already married. We know they're not. But then with our people, you see they're married immediately. And then they file immediately.”
She said many of these cases unravel during interviews, with some spouses unwilling to cooperate or provide necessary documentation.
“And then when they get called for interviews, maybe the spouses refuse to accompany them to interviews or produce documents that are relevant to their cases. And some of them just abandon the process completely.
“And therein comes ICE. That's why some of our people find themselves in trouble with the current enforcement with ICE. Because they already may have a removal order, because they didn't really follow through with the process,” she added.
Ms Moore said she has received numerous calls from Ghanaians concerned about ICE enforcement, particularly those with unresolved immigration histories.
“I’m getting a lot of calls from Ghanaians. Most of them are in trouble because they already have a history that places them in ICE’s spotlight.”
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