Immigration Attorney: Undocumented immigrants in fear of being deported

A local immigration attorney tells ABC-7 more undocumented immigrants are in fear of being deported.

ABC-7 met with Daniel Caudillo, who offers legal services on family-based petitions, deportation and temporary visas.He says he’s seen an increase in the number of clients seeking services, after President Trump signed the first few immigration related executive orders.

“I’ve got individuals contacting me what they need to do to grant guardianship for their children, to someone else in case both parents happen to get deported from the country. I’ve got DACA recipients or DREAMERS asking what they can do what the options are. We’ve had an increase in individuals seeking information about waivers and individuals with businesses and homes and properties trying to figure out what they can do in regards to selling that property or transferring it to another individual in case they’re actually deported or removed from the country.”

Caudillo says the fear is very significant among the undocumented population and even more so, after hearing about an Arizona mother who was deported this week. Guadalupe Garcia de Rayos used a fake social security number in 2008 and was arrested and charged. Since then, she was required to meet with ICE agents regularly. This week she was detained and within 24 hours was deported to Mexico. Her lawyers say it was a direct result of President Trump’s crackdown on illegal immigration.

Caudillo says in this case, the woman already had an “unexecuted order of removal” which was issued by an immigration court and ICE granted a stay of removal and tracked her to make sure she wasn’t committing any other crimes. That order wasn’t executed until this week.

“The concern with that is part one of the executive orders President Trump signed on the 25th of January, had to do with prioritizing or changing the priorities for enforcement of the immigration law and essentially it was a very broad list of priorities including individuals with unexecuted orders of removal, or individuals who have been convicted of crimes individuals who have been charged with a crime and individuals who have factually committed a crime even though they have not been charged. The executive order is so broad that it can almost include anyone who isn’t a resident or citizen of the United States,” Caudillo said.

Caudillo says every case is different and an immigration court, or an authorized authority, can make decisions if a person is removable or not and if they’re eligible for relief from removal. Caudillo says in the past, stay of removals have been granted for humanitarian reasons, or those with family ties to the U.S. He adds ICE has exercised discretion before, but that may change.

Caudillo says he’s had clients like Guadalupe Garcia de Rayos, who have used a fake social security number to establish residency and get jobs. Those who are arrested and charged face uncertainty. Caudillo says his advice for anyone who may be using fraudulent documents is to stop immediately and seek an attorney.

“Using any false document, whether it be a social security number, a social security card, I.D or otherwise can subject anyone to criminal prosecution. And being subject to criminal prosecution means ICE is going to get involved if you don’t have the legal authority to stay here. Even a lawful permanent resident using a fraudulent document can be deported form the country and so anyone that has any criminal history or pending criminal charges should speak with an immigration attorney to determine what those consequences are going to be.”

Caudillo says different crimes have different consequences and a person may be deportable or not. There are also different bars. For instance, fraud and misuse or misrepresentation for immigration benefit can result in a permanent bar or lifetime bar that would require a waiver to enter the U.S. Some crimes may not allow a person to be eligible to apply for a waiver. Waivers can be given on a case-by-case basis to immediate family members or those with spouses who are lawful permanent residents or U.S. citizens and who can prove extreme hardship.

“Just being here unlawfully without using fraudulent documents and leaving on your own to go visit a family member, would subject someone to a 10-year bar and require a waiver to enter in that 10-year period,” Caudillo said.

He adds there may be individuals who meet with ICE regularly but don’t have deportation order. He says they need to comply with ICE or immigration orders. Anyone else who fails to meet with ICE, can become a fugitive

“Some individuals are going to be subject to deportation if they already have orders of removal, others are going to be placed back into immigration court proceedings, and then be able to fight their cases then. Others just now may be caught by immigration and placed into deportation proceedings, the extent to which ICE is going to allow continued reporting or prosecutorial discretion is still unknown at this point. “

Caudillo says he met with one client who is in the same situation as the Arizona mother deported to Mexico.

“Just this morning, we met with an individual who is reporting to an ICE officer in Dallas and she was allowed to remain out of custody and they did not file charges against her in the immigration court, to remove her. They did so because of humanitarian reasons in her case, she’s now due to report at the end of the month and she’s asking whether to show up or not.”

Caudillo says anyone given an unexecuted order of removal is technically subject to deportation.

“If she shows up, she’s likely going to be placed into removal proceedings as directed under the enforcement order and if she flees, then she’s going to become a fugitive of justice and ICE is going to go after her and her family and make sure that they do place her into custody.”

Caudillo says over the last few years, the immigration court backlog has increased to well over half a million cases that are pending. He worries Trump’s executive orders will have a reverse effect.

“What these executive orders are doing, is its forcing people to go back into the shadows.”

There are several agencies that provide FREE legal services in El Paso:

The Diocesan Migrant & Refugee Services, 2400A East Yandell Drive, (915) 532-3975 Texas Rio Grande Legal Aid, 1331 Texas Avenue, (915) 585-5100 Las Americas Immigrant Advocacy Center, 106 E. Yandell, (915) 544-5126 Texas Civil Rights Project, 2211 E. Missouri Ave, (915) 532-3799

Other immigration attorneys in El Paso:

Daniel Caudillo, (915) 772-2223 Iliana Holguin, (915) 542-1071 Gabriel Jimenez, (915) 206-2974