ICE Agents Cannot Use Immigration Interview as Trap
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Federal Judge: ICE Agents Cannot Use Immigration Interview as Unsuspecting Trap

May 11, 2019 Familia America Green Card

In what is being called a ruling that may benefit those who are fighting deportation orders, U.S. District Judge George Hazel has extended a previous order blocking the deportation of Wanrong Lin. Lin, a native of China, is married to a U.S. citizen and he has three children that are also U.S. citizens. Lin was arrested in August after showing up for his immigration interview in Maryland. The interview was in regards to Lin’s application for a stateside waiver allowing him to remain in the country while seeking legal status.

Following his arrest, Lin was placed on a commercial flight to Shanghai in November. The American Civil Liberties Union (ACLU) sued on Lin’s behalf, prompting Judge Hazel to order that he be returned to the United States before his flight had even arrived in Lin’s native China.

In his ruling, Judge Hazel stated that the U.S. government cannot use the interview process as a trap for unsuspecting applicants, calling the interview a “lure” to get Lin to come in where he could be arrested, and as a result, preventing Lin from completing the process of getting a provisional waiver. By allowing removal under circumstances like these, says Judge Hazel, the government erects “an impenetrable barrier to completion of the provisional waiver process.”

According to the ACLU attorney who sued on Lin’s behalf, although the decision applies directly to Lin’s situation, it also sends a signal to ICE about abusing the provision waiver process.

Lin, whose wife became a naturalized citizen in 2004, sought asylum in 2008 but his request was denied. An order was issued at that time for his deportation, but he did not leave. Lin, now 38 years old, was just 14 when he came to the U.S. on his own. He has no family in China; the only family he knows is his wife and children.

Lin and his wife began the process of applying for the provisional waiver in 2016. When the pair showed up in 2018 for an interview to confirm that they were in a bona fide, legitimate marriage, Lin was pulled into a separate room by immigration personnel. ICE agents were waiting there to take him into custody and eventually deport him.

Facing Deportation Issues?

While the decision in this Maryland case is a step in the right direction for immigrants seeking a legal path to citizenship, the current climate for immigrants is frightening to say the least. At Familia America Immigration, we want to help you face your immigration problems and find a viable solution to help you become a U.S. citizen. If you are facing deportation issues, contact our Salt Lake City green card attorneys right away. We put 100% effort into fighting for you, giving you and your family the best shot possible at realizing the American dream. Give us a call at 801-656-9605 or click here to reach out to our team and set up a confidential, no-cost case consultation.

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