News Update
President Trump has written a number of policy memos and Executive Orders concerning immigration during his first week in office. An Executive Order is a signed, written, and published directive from the President of the United States. It cannot change the current law, only Congress can do that. If the Executive Order contradicts current law (as many experts believe some of these orders are doing), it can be challenged in court and potentially be found to be illegal. If that is the case, the Executive Order is struck down, which practically means it is cancelled.
Executive orders are not laws; they require no approval from Congress, and Congress cannot simply overturn them. Congress can pass laws that might make it difficult, or even impossible, to carry out the order, such as removing funding. Only the current U.S. President can cancel an existing executive order by issuing another executive order.
Arrests in Immigration Court
A pattern seems to be emerging of immigration cases being "dismissed" in immigration court, after which people whose cases have been dismissed and who have been in the US less than two years are put into Expedited Removal. Expedited Removal is a process that allows the government to quickly deport you, without your having the right to present your case to a judge. If you have court coming up and have been in the United States, it's very important for you to consult with an immigration attorney or Accredited Representative. If you cannot do so, it is up to you - the government will usually not ask you - to say you don't want to close your case, you need to speak to a lawyer first, and you greatly fear returning to your home country. For more information, click on these links in English, Spanish, and French.
287g Agreements
Immigration law is by law a federal matter. ICE agents are Federal employees. In contrast, 287g agreements are agreements between local law enforcement agencies and the Federal government, allowing the federal government to deputize these agencies so that they assist ICE. Local agencies can then essentially assist ICE in their federal work. As of the time this is written, Kentucky has four 287g agreements, with the Bullitt County Sheriff's Office, Daviess County Sheriff's Office, the Grayson County Detention Center and Sheriff's Office, and Oldham County's Detention Center . To find out more, click here (English only).
Changes in Expedited Removal
Expedited Removal is the process that allows the US government to deport you without your having the right to present your case to a judge. Expedited removal used to be utilized exclusively at U.S. borders (or within 100 miles of one). Since January 25th it is practiced throughout the U.S.
New regulations posted after the new administration came to office state that ICE has the right to deport anyone they suspect is here less than two years and cannot prove they have been here that long. It is very important to carry papers that prove you been here for more than two years in your wallet, and have a copy of it on your phone. Proof can include old utility bills, a lease, school records, etc.
To get more information about who if expedited removal applies to you, click here.
ICE Policy on Sensitive Locations
ICE can now enter the public spaces of schools, places of worship and hospitals. However, ICE cannot enter private areas, that the public cannot walk into, without the right kind of warrant. For example, areas that are open to the public, such as lobbies, waiting rooms, and parking lots are considered public spaces. Areas marked private, or where the door is locked and you cannot just walk in, are usually considered private. Fayette County Public Schools all have security procedures which require anyone to "check in" and receive permission to go any further in the building. General security procedures do not to permit entry to anyone without an approved purpose in the building.