REmoval proceedings
arrested by local authorities
Did you know that Colorado passed two bills into law that limits police departments, probations officials and local authorities from providing information regarding an individual to Federal Immigration Authorities.
Under Colorado Law if you are detained by local law enforcement and are asked to speak to a Federal Immigration Officer it is merely a request and you can refuse to speak with them.
THE BILLS
House Bill 19-1124
(a) The federal government does not have the authority to command state or local officials to enforce or administer a federal regulatory program, as doing so would violate the tenth amendment of the United States constitution; and
(b) Colorado has the right to be free from mandates or financial obligations to perform the duties of the federal government, or to be threatened or coerced to do so by withholding federal funding; and
(d) Coloradans have constitutional rights to due process and
protection against unlawful detainment and seizures; and
(e) The Colorado judicial system serves as a vital forum for ensuring
access to justice that is secured by section 6 of article II of the state
constitution; and
(f) In times of crisis, Colorado courts are the main points of contact
for the most vulnerable, including crime victims, victims of sexual abuse
and domestic violence, witnesses to crimes who are aiding law enforcement,
limited English speakers, unrepresented litigants, and children and families,
who seek justice and due process of law.
(2) Therefore, it is necessary to adopt this act to promote public
safety, the protection of civil liberties, and to further the preservation of the
peace, health, and safety of Colorado
24-76.6-103. Limitations on providing personal information by probation offices. (1) A PROBATION OFFICER OR PROBATION DEPARTMENT EMPLOYEE SHALL NOT PROVIDE PERSONAL INFORMATION ABOUT AN INDIVIDUAL TO FEDERAL IMMIGRATION AUTHORITIES
(2) NOTHING IN SECTION 24-76.6-102 PREVENTS LAW ENFORCEMENT OFFICERS FROM COORDINATING TELEPHONE OR VIDEO INTERVIEWS BETWEEN FEDERAL IMMIGRATION AUTHORITIES AND INDIVIDUALS INCARCERATED IN ANY COUNTY OR LOCAL JAIL OR OTHER CUSTODIAL FACILITY, TO THE SAME EXTENT AS TELEPHONE OR VIDEO CONTACT WITH SUCH INDIVIDUALS IS ALLOWED BY THE GENERAL PUBLIC, IF THE INDIVIDUAL HAS BEEN ADVISED, IN THE INDIVIDUAL'S LANGUAGE OF CHOICE, OF CERTAIN INFORMATION IN WRITING, INCLUDING BUT NOT LIMITED TO:
(a) THE INTERVIEW IS BEING SOUGHT BY FEDERAL IMMIGRATION
AUTHORITIES;
(b) THE INDIVIDUAL HAS THE RIGHT TO DECLINE THE INTERVIEW AND
REMAIN SILENT;
(c) THE INDIVIDUAL HAS THE RIGHT TO SPEAK TO AN ATTORNEY
BEFORE SUBMITTING TO THE INTERVIEW; AND
(d) ANYTHING THE INDIVIDUAL SAYS MAY BE USED AGAINST HIM OR
HER IN SUBSEQUENT PROCEEDINGS, INCLUDING IN A FEDERAL IMMIGRATION
COURT.
(3) THE WRITTEN ADVISEMENT DESCRIBED IN SUBSECTION (2) OF
THIS SECTION MUST BE PROVIDED TO THE INMATE AGAIN WHEN THE INMATE
IS RELEASED.
HOUSE BILL 23-1100
(a) The management and operation of detention facilities for immigrants involves functions that require unique training due to its civil nature, the diverse languages and backgrounds of the population, and the significant vulnerabilities of asylum seekers and others fleeing persecution;
(b) Detention requires the exercise of coercive police powers over individuals that should not be delegated to the private sector and that is distinguishable from privatization in other areas of government;
c) It is an inappropriate exercise of a state's police powers to detain individuals for federal immigration purposes given its implication on foreign relations; and
(d) Issues of liability, accountability, and cost warrant a prohibition of the ownership, operation, or management of detention facilities by private contractors within the state and a phasing out of state and local officials' involvement in civil immigration detention to the fullest extent permitted under state law.
BOND Hearing
If you are detained by Immigration officials you may be eligible for release with a bond.
The Immigration and Nationality Act authorizes the release on bond for certain individuals.
It is important to understand that bond is contingent on not being inadmissible or deportable based on criminal offenses.
If you have a criminal record you should consult with an attorney before requesting a bond hearing.
At the bond hearing you will be required to establish the following:
You are not a flight risk (meaning you will show up to removal proceedings)
You are not a danger to the community (meaning you have not committed an offense that makes you ineligible for release from custody. Even if you have not committed a offense that subjects you to mandatory detention the Immigration Judge will look at the recency of any criminal arrest, the nature of the arrest) it is your burden to establish that you will not be a danger to the community.
Ties to the Community - do you have family in the community that have status (legal permanent residents/ U.S. citizen). Are you employed and is a job still available
Relief available if released: will you qualify for cancellation or removal, adjustment of status, asylum, U-visa. Is there a path that will provide you with the ability to obtain legal status in the future in the United States.
INA § 236 or 8 USC 1226 Apprehension and Detention of Aliens (foreign nationals)
(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General-
(1) may continue to detain the arrested alien; and
(2) may release the alien on-
(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization (including an "employment authorized" endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
Custody
The Attorney General shall take into custody any alien who-
(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence 1 to a term of imprisonment of at least 1 year, or
(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.
Applications for Relief
Cancellation or Removal for Legal Permanent Residents 42(a)
Must establish that you have not been convicted of an aggravated felony.
Must establish that you have been living lawfully in the United States for 7 year 5 of which have been as a legal permanent resident prior the commission of a deportable offense.
If granted you will be able to remain in the United States as a Legal Permanent Resident
Cancellation of Removal for Non-Permanent Residents 42(b)
10 years of physical presence in the United States prior to the issuance of a Notice to Appear
a person of good moral character. Cannot have a conviction for a crime involving moral turpitude, no drug offenses, no crimes of violence, multiple DUI’s will be problematic, etc.
if you are deported your removal will result in extreme and unusual hardship on your Qualifying relative.
A Qualifying Relative is a U.S citizen or Legal Permanent Resident child unmarried and under the age of 21;
Can also be a legal permanent resident spouse or U.S citizen spouse; or
a U.S. citizen parent or Legal Permanent Resident parent.
Adjustment of Status
Depending on the facts of your case and your immigration history you may in some instances qualify for Adjustment of status to become a legal permanent resident.
U-Visa
Have you been the victim of a qualifying crime to request a U-visa
Asylum or Withholding or Removal
Do you fear persecution or have you been persecuted in your home country based on your race, religion, nationality, particular social group, political opinion and this persecution was committed or will be committed by your government or a group your government is unable or unwilling to control.
Are you a U.S. Citizen
in some instance individuals could have derived citizenship and could actually be citizen of the United States.