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If you have ever had a DUI then ICE is coming

Our Firm has seen a surge of new clients who have been arrested by ICE (Immigration and Customs Enforcement) in the last few months.  The arrests are made by FugOps (Fugitive Operations) which is a special unit of law enforcement whose job is to arrest dangerous aliens who have committed felonies and are a danger to the public.  The issue now is that FugOps has been behind on their “quota” for arresting “dangerous” alien felons and instead are going through court records and arresting hard working fathers and decent persons for DUI’s that happened decades ago.

We have had clients get arrested at night, in their home, without a warrant, just because of an old DUI that happened 12 years ago.  The alien did come here illegally but has lived in the U.S. for 25 years, owns a business, has four U.S. born children, is actively involved in church, sponsors a little league team, and has an application to be sponsored as a permanent resident by his brother which has been filed back in 2001.  FugOps came into his house without consent at night and took him in front of his family without any explanation.  The judge refused to give him bond, stating that he is a “danger to the community.”

What happened to the 4th amendment?  Since when is a 12 year old DUI a reason to keep someone in prison without bail?  The problem is that aliens living in the United States who entered this country without inspection (EWI) do not have the same constitutional rights as  U.S. Citizens.  They do, however, have 4th amendment rights against warrantless searches in their homes at night without consent.

If you are living in the United States “illegally” and have had a DUI at any time in the past then you should be prepared for a visit from ICE.  If this happens then call an experienced Immigration Attorney ASAP and remember that you do not have to tell them anything but your name.