Blog Post

What The Zero Tolerance Immigration Policy Means for Immigrants 

admin • Jul 26, 2018

Child-parent separations at the United States’ southern border have prompted a media firestorm about the zero tolerance immigration policy implemented by the current administration.

Immigrants seeking asylum or a pathway to become U.S. citizens who attempt to cross the border face tough treatment from Immigration and Customs Enforcement (ICE) officials and agents. The separating of children from their parents is just one facet of the zero tolerance immigration policy. These are important items for immigrants to know about current immigration enforcement and why it’s imperative that you have experienced legal representation.

Immigration Law

Why Families have been Separated

How Prosecution and Removal Works

Anyone taken into custody by the U.S. Border Patrol can expect to undergo criminal processing at the nearest facility. Adults and minors are required to provide background information, and many are fingerprinted. Border Agents conduct a sweeping check through a criminal database. They also use the electronic systems to confirm or refute parent-child relationships.

If an immigrant is found to have committed an alleged crime, they are referred to the Department of Justice for prosecution. Illegal entry to the U.S. may be considered a crime. Following a hearing with a federal judge or conclusion of the criminal case, immigrants may be handed over to ICE for deportation.

This is an important time in the process because immigrants can also make a legitimate application for asylum. Although the zero tolerance immigration policy has been widely considered harsh, it does not prevent good people from making an asylum or protective claim. Minors may also have the opportunity to make protective or asylum claims in separate proceedings.

What to Do if Impacted by Zero Tolerance Immigration Policy

 

 If you or a loved one has been taken into custody based on the zero tolerance immigration policy, it’s important to gain immediate legal representation. There are already cases in the court system requiring that parents and children be reunited. Such court decisions may be applicable to your family.


There are also key proceedings that allow immigrants to apply for stays from deportation. It’s important to understand that citizens and non-citizens have the right to legal representation in the U.S. courts. Contact the
Law Offices of Malvern Burnett APLC for a consultation, 800-208-8472.

 

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