1. Right to a Fair Hearing Before Deportation
- Description: Undocumented immigrants are entitled to a fair hearing before deportation, meaning they should have an opportunity to appear before an immigration judge to contest their case.
- Conditions: Applies to individuals who have been apprehended by ICE or CBP but have not waived their right to a hearing.
- Example: Maria, who was detained by ICE during a routine traffic stop, has not had an opportunity to see a judge. She qualifies for a fair hearing to contest her deportation.
2. Protection Against Immediate Removal
- Description: Certain undocumented individuals are protected from immediate removal (expedited removal) and are entitled to a review.
- Conditions: Typically applies to those who have been in the U.S. continuously for more than two years, or who meet other legal exceptions.
- Example: Juan, who has lived in the U.S. for three years and was detained without proper documentation, should be protected from immediate deportation due to his continuous residence.
3. Right to an Immigration Attorney
- Description: All immigrants, documented or undocumented, have the right to seek legal representation for immigration proceedings.
- Conditions: The immigrant must secure and pay for their attorney, as the government does not provide one.
- Example: Elias, detained at the border, has the right to hire an attorney to represent him in his case, even though he is not guaranteed a free lawyer.
4. Asylum Rights for Undocumented Immigrants
- Description: Individuals who fear persecution in their home country can apply for asylum if they meet specific criteria, even if they entered the U.S. without documentation.
- Conditions: Applicants must prove a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Example: Fatima fled her home country due to religious persecution. She can apply for asylum in the U.S. as long as she files within a year of her arrival
5. Temporary Protected Status (TPS) Eligibility
- Description: Individuals from certain countries facing natural disasters, armed conflict, or extraordinary conditions can apply for TPS, which provides temporary protection from deportation.
- Conditions: TPS eligibility depends on the person’s nationality and the designation of their home country by the U.S. government.
- Example: Jorge, from a country experiencing civil war, may qualify for TPS if his country has a TPS designation.
6. Special Protections for Children
- Description: Undocumented children who have been abused, abandoned, or neglected can apply for Special Immigrant Juvenile Status (SIJS).
- Conditions: Must be under 21, unmarried, and have a dependency order from a juvenile court.
- Example: Ana, 17, fled her home country due to abuse by her parents. She may qualify for SIJS if a family court declares she cannot reunify with her family.
7. Right to Appeal Deportation Orders
- Description: Individuals who receive a deportation order have the right to appeal, providing them another opportunity to present their case.
- Conditions: Must file an appeal within 30 days of the judge’s decision.
- Example: Ahmed, who was ordered deported after missing a hearing, has a chance to appeal if he can show why he missed the hearing.
8. Access to Bond Hearings
- Description: Certain detained immigrants can request a bond hearing, allowing them to be released from detention while awaiting their court date.
- Conditions: Eligibility depends on criminal history, flight risk, and ties to the community.
- Example: Rosa, who has a clean record and family in the U.S., may qualify for a bond hearing to secure her release from detention.
9. Deferred Action for Childhood Arrivals (DACA)
- Description: DACA protects certain undocumented individuals who entered the U.S. as children, allowing them to work legally and avoid deportation temporarily.
- Conditions: Must have arrived in the U.S. before age 16, have resided continuously, and meet education or military service requirements.
- Example: Miguel, who came to the U.S. as a toddler and graduated high school, may be eligible for DACA protections.
10. Protection Under VAWA (Violence Against Women Act)
- Description: VAWA allows undocumented victims of domestic violence to self-petition for legal status without relying on their abuser.
- Conditions: Applies to spouses, children, or parents of abusive U.S. citizens or permanent residents.
- Example: Isabel, an undocumented immigrant married to an abusive U.S. citizen, can apply for legal status under VAWA without her husband’s help.
11. Right to File for Withholding of Removal
- Description: Withholding of removal is a form of protection that prevents deportation to a country where an immigrant would face harm.
- Conditions: Applicants must prove a more likely-than-not chance of persecution due to race, religion, nationality, etc.
- Example: Hamid, fearing persecution for his political beliefs, may be eligible for withholding of removal if he can prove the risk of harm.
12. Due Process Rights in Immigration Court
- Description: All immigrants are entitled to due process, meaning fair treatment and a chance to defend themselves in immigration court.
- Conditions: Applies to any immigrant facing deportation or other legal actions by immigration authorities.
- Example: Li, who was placed in deportation proceedings without notice, can argue for due process rights to have a fair hearing.
13. Protections Under the Convention Against Torture
- Description: The CAT protects individuals from being deported to a country where they are likely to face torture.
- Conditions: Applicants must show substantial risk of torture by government or other actors.
- Example: Alia, who faces a high risk of torture in her country for political activities, may qualify for CAT protection.
14. The Right to Remain Silent During Immigration Interactions
- Step 1: Education on Rights – Brief client on the right to remain silent.
- Step 2: Prepare Defense – Develop defense if client faced adverse outcomes for exercising silence.
- Service Price: Lawyer initial consultation and rights guidance.
15. Rights Against Unlawful Detention
- Step 1: Detention Legality Assessment – Review detention case for rights violations.
- Step 2: File Habeas Corpus Petition – If detained unlawfully, file a petition to release.
- Service Price: Lawyer fees for habeas corpus filing and representation.
16. Protection from Deportation for Crime Victims
- Step 1: Crime Evidence Gathering – Obtain police reports and proof of cooperation.
- Step 2: Visa Application – Help compile and file application.
- Service Price: Visa application; additional fees for each additional filing if needed.
17. Understanding ‘Prosecutorial Discretion’ in Immigration Cases
- Step 1: Evaluate Grounds for Discretion – Review client’s family ties, community presence, and hardship.
- Step 2: Prepare Request for Discretion – Submit request to ICE if grounds are present.
- Service Price: Lawyer fees for discretion request preparation.
18. Protection for Labor Rights Violations
- Step 1: Proof of Labor Exploitation – Gather proof of trafficking or abuse.
- Step 2: Visa Application Prepare and file application.
- Service Price: Lawyer fee for Visa application.
19. Defending Against ‘Expedited Removal’
- Step 1: Determine Expedited Removal Applicability – Confirm if the client qualifies for exemption.
- Step 2: Prepare Request for Review – File for administrative review if eligibility is questioned.
- Service Price: Lawyer fee for review and representation.
20. Rights Under the U.S. Immigration and Nationality Act (INA)
- Step 1: Case Review Under INA Provisions – Examine client’s rights under the INA.
- Step 2: File for Applicable Relief – File based on the INA protection that best suits the case.
- Service Price: Lawyer fee for INA filing, additional fees per hearing or filing.