One who is subjected to the laws of the United States is also entitled to the benefits of the laws’ protection. While this right is not without limitation, non-citizens still enjoy some very important rights. Whether you are a permanent resident, visa holder, or an undocumented alien, you will benefit from knowing your constitutional rights. This fact is especially true as the immigrant society is closely following President Trump’s immigration actions. We have previously discussed President Donald Trump’s Temporary Travel Ban executive order.
Since then, the Trump administration re-drafted the executive order following the Ninth Circuit Court’s ruling against the executive order. This newly drafted Travel Ban 2.0 executive order was issued to go in effect on March 16. However, on March 15, a federal judge from Hawaii issued a Temporary Restraining Order to this new executive order.
While the Travel Ban 2.0 executive order is again facing legal challenges, the Department of Homeland Security has been carrying out expanded removal priorities. Now, the removal priorities are expanded to include even those who are “charged” with “any” crime. This language is troubling, because one may be “charged” with a crime and never be convicted of it. Also, “any” crime includes misdemeanor, such as no license driving under Virginia law.
So, what does this mean for non-U.S. citizens? First, know your constitutional rights, and Second, talk to an immigration attorney.
Until one leaves the jurisdiction, the non-citizen is entitled to the equal protection of the laws. In domestic criminal proceedings, aliens are entitled to the Fourth Amendment’s protections and to the exclusion of evidence obtained in violation of the Fourth Amendment. Two primary situations of limitations are searches and seizures occurring outside of the U.S., and searches and seizures of aliens who lack substantial connection to the U.S. Lastly, Due Process clause of the 5 th Amendment applies to everyone, not just citizens. Practically, this means that an alien– who are not in expedited removal process or entered the U.S. under Visa Waiver Program—has the right to have the Immigration Judge review the application for removal relief.
Next, it is important to tell your attorney if you are not a U.S. citizen. If an alien is under the ICE custody, it is important that the alien talks to the immigration attorney before signing or answering anything. It is also advisable that for a possible deportation, an alien executes the Power of Attorney to authorize someone to care for children remaining in the U.S.
From criminal law defense, family law, immigration law to execution of the Power of Attorney and wills, the Virginia Beach Law Group will stand next to you for your family. Call Virginia Beach Law Group at (757) 486-4529 to know more about obtaining reliefs from Removal and executing the Power of Attorney.