Immigration and Customs Enforcement (ICE) is ramping up its efforts to target foreign citizens who are in the United States illegally or otherwise eligible for removal (i.e., because they have committed a crime). While President Trump has stated that his primary focus is on targeting “illegal criminals,” as recently reported by NBC News:
“[T]he number of detainees in Immigration and Customs Enforcement custody without a criminal conviction or pending criminal charges increased by more than 1,800 in the first two weeks of February, representing 41% of the 4,422 total new detainees in that period.”
As a result, facing removal (or deportation) is currently a very real concern for many foreign citizens living in the United States. In many instances, detention is the first step in the removal process. If you (or a loved one) have been detained by ICE or other state or federal authorities, keep reading to find out what you need to know from an experienced New Jersey deportation lawyer at Helmer, Conley & Kasselman, P.A.
What You Need to Know Once You Have Been Detained
Here are some important facts to know if you (or a loved one) has been detained by ICE or other state or federal authorities:
Being Detained Means You Are at Risk for Removal
As explained on ICE’s website, “[t]he mission of U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) is to protect the homeland through the identification, arrest, and removal of those who undermine the safety of our communities, our national security and the integrity of U.S. immigration laws.” In other words, when ICE detains someone, this means that this person is at risk for removal.
While the U.S. government must follow strict procedures during the removal process, the process can move surprisingly quickly. This is especially true in “expedited removal” cases, which are becoming increasingly common. As reported by the National Immigration Law Center:
“[Foreign citizens] are now at greater risk of being put in a rapid deportation process without the right to appear in front of an immigration judge or fight their case. These changes were effective as of Jan. 21, 2025. . . .
“[T]he government has said it plans to use expedited removal anywhere in the country against any undocumented person who can’t prove they have been in the U.S. continuously for two years before the arrest.”
Crucially, even in expedited removal cases, foreign citizens who are still in the United States have options available. A New Jersey deportation lawyer at our firm can explain your (or your loved one’s) options, but it is important that you contact us right away.
It’s Important to Figure Out Why You Have Been Detained
Once you have been detained, it is important to try to figure out why. The reason for your detention will also play a role in determining your options—as well as determining what additional steps you may need to take in order to protect yourself (i.e., defending against criminal charges).
If you were initially arrested by the police and are now subject to an immigration detainer, this most likely means that you are facing criminal charges, although this is not necessarily the case. If you were detained by ICE directly, there could be a variety of reasons why ICE chose to arrest you. If you don’t know why you (or your loved one) have been detained, our lawyers can assist with gathering the information you need.
There Are Several Potential Grounds for Avoiding Removal from the U.S.
Under U.S. law, there are several potential grounds for seeking to avoid removal from the U.S. once you have been detained. We emphasize “potential” because the grounds that you (or your loved one) have available depend on the specific circumstances at hand. Some examples of possible options for seeking to avoid removal include:
- Seeking a waiver of removal
- Seeking cancellation of removal
- Filing for an adjustment of status
- Filing for asylum or withholding of removal
- Negotiating a voluntary departure that avoids the immigration consequences of deportation
As discussed above, a New Jersey deportation lawyer at our firm can evaluate your (or your loved one’s) circumstances and determine what options are available. Then, we can help you make informed decisions about your next steps, and we can take any and all necessary legal action on your (or your loved one’s) behalf.
Foreign Citizens Who Are Facing Removal from the U.S. Have Clear Legal Rights
Regardless of the circumstances involved, foreign citizens who have been detained in the U.S. have clear legal rights. These include the right to remain silent and the right to legal representation (among others).
Once you have been detained by ICE, it is critical that you assert both of these legal rights. You should politely decline to answer any questions you are asked, and you should ask to speak with your lawyer promptly. Even if ICE agents continue to interrogate you, you still need to stand firm in refusing to provide any information that could facilitate your removal. You also should not sign any forms or other documents unless advised to do so by your lawyer.
This is not everything you need to know when you have been detained by ICE in New Jersey. Being detained in relation to your immigration status is a very serious matter, and you need to be extremely careful to protect yourself in this scenario. Our lawyers are available to assist you, and we strongly encourage you to contact us right away.
Speak with a New Jersey Deportation Lawyer in Strict Confidence Today
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for foreign citizens who have been detained in New Jersey. If you (or a loved one) need help, we can arrange for you to speak with one of our lawyers in confidence as soon as possible. To arrange a confidential consultation with a New Jersey deportation lawyer, call 877-435-6371 or tell us how we can contact you online now.
