Government faces lawsuit for detention of green card applicants

Some people in Texas might be concerned that an attempt to obtain a green card could result in deportation instead. When a man in New Jersey who was an undocumented immigrant went to his appointment at Immigration and Customs Enforcement to apply for a green card, he was instead placed in a detention center. The American Civil Liberties Union of New Jersey and the New York Civil Liberties Union have filed a lawsuit against the government because of the man’s detention.

On June 22, a judge placed a block on the man’s deportation although he remains in detention. An attorney for the New York Civil Liberties Union says a law passed during the Obama administration that allows undocumented immigrants to apply for green cards without being deported is still on the books. According to her, the actions of the Trump administration, in this case, violate the policy.

The man’s wife, who is American, says an ICE officer told her an internal memo had been circulated that required the change in policy. According to the woman, the ICE officer said if the man had come in two or three weeks earlier, the issue would not have arisen.

People who are seeking U.S. permanent residency, a green card or naturalization or who have other immigration-related questions may want to consult an attorney. Immigration laws are in flux, and people may not want to rely on what may have worked in the past for friends and relatives. An attorney may be able to explain how immigration law is likely to be interpreted and how people can best protect themselves while attempting to obtain legal status. The attorney may also know whether the person has other options for obtaining residency.

Source: WNYC, “Civil Liberties Groups Sue Trump Administration for Detaining Green Card Applicants,” Beth Fertig, 6/25/2018