Just a few hours into his second term, President Donald Trump implemented a number of executive directives squarely aimed at immigration issues. These orders notably empowered additional federal bodies – notably the Drug Enforcement Agency and Bureau of Alcohol, Tobacco, Firearms and Explosives – to conduct immigration apprehensions and station U.S. military members at the country’s southern border. In furtherance of this strategy, military aircraft have been repurposed to facilitate the deportation of immigrants to nations such as Colombia. In addition, localized business raids have resulted in the apprehension and local imprisonment of several individuals.
Jessica Rodriguez Bell, a senior partner at a legal outfit deeply experienced in immigration litigation, noted a distinct shift in public sentiment following the early days of the President’s second term. Specifically, she noted an escalation in anxiety among the populace, particularly those perturbed about the potential consequences these executive directives could have on them, even those lawfully residing within the United States. Bell expressed, ‘The fear is palpable. There’s a sharper sense of vigilance,’ continuing to mention, ‘Even individuals holding valid work permits and licenses experience anxiety before venturing outside.’ She also highlighted the particular distress felt by her clientele primarily hailing from Central and South America.
Consequent upon the latest changes in administrative stance, operations of Immigration and Customs Enforcement (ICE) have gained public visibility. Bell compared the level of ICE activities under the two administrative periods, noting that while the Biden era witnessed relatively less ICE operations, the narrative changed significantly under the Trump administration, with noticeable upticks in raids and large-scale arrests, coupled with wide public and media coverage. She further disclosed that the agency’s efforts have been primarily targeted at individuals with past criminal records or outstanding arrest warrants, as citizens increasingly report sightings of ICE vehicles in their neighborhoods.
Citizens reserve the right to demand a search warrant in the event of a visit from ICE agents to their homes. Agents are obligated to present search warrants authorized by a judge. Bell, in collaboration with fellow attorneys, devotes time to public education on the procedure for requesting such documents, emphasizing the requirement of a judicial search warrant prior to granting entry.
A person in detention maintains the right to consult with a lawyer and to communicate with their native country’s consulate. According to Bell, due to language obstacles, detainees may unwittingly subscribe to their own deportation documents, underscoring the criticality of legal representation.
Following detention, the individual is issued a Notice to Appear, which stipulates the allegations leveled against them. Subsequent to release from custody, they are notified of the date and time set for their presence at the Cleveland Immigration Court. Locally charged criminals would go through their criminal proceedings before switching to the immigration process.
Bell went on to mention that the immigration case duration for individuals in detention could span several months, given the court’s prioritization of such cases. However, for released persons, the case turnaround might stretch between one to three years.
For those sentenced and currently serving prison terms following a conviction, they would have to complete their sentences prior to initiating the deportation process. Upon completion of their sentence, they are instantly transferred to ICE’s control to kickstart the immigration court procedure.
As per data gleaned from the agency’s official website, two facilities in Ohio — the Geauga County and Seneca County jails, both located in northeastern Ohio — are used as holding facilities for ICE detainees.
Asylum requests also pass through the immigration court process. Bell mentions the inherent challenges faced in winning asylum cases, given the intricacy of the case law. It’s worth noting that Cleveland has a reputation for being more stringent than other regions such as New York City or Miami, going so far as to deny asylum applications that would be approved in those other cities using identical evidence.
The Laken Riley Act, legislated by Congress and anticipated to receive Trump’s endorsement, is poised to introduce even more changes in addition to the previously implemented executive orders. This act would permit ICE to detain anyone suspected of violent crimes or theft offences, extending even to petty crimes such as shoplifting, even before they are convicted. Bell raised concerns about potential violation of due process in the criminal proceedings.
In response to the changes, Columbus Mayor Andrew Ginther assured the public that local police would continue to refrain from participating in immigration enforcement, maintaining their singular focus on immigration status. Furthermore, the Franklin County Sheriff’s office confirmed there will be no changes in the department’s ‘role or responsibilities regarding immigration enforcement.’