What is the Criminal Alien Program?
Many immigration issues start when a foreign national is taken into custody by a local or state law enforcement agency. In fact, in many ways, federal immigration authorities rely on these agencies to be the initial point of contact with removable aliens who have been identified as removal priorities.
According to the U.S. Immigration and Customs Enforcement (ICE) website, the Criminal Alien Program “provides ICE-wide direction and support in the biometric and biographic identification, arrest, and removal of priority aliens who are incarcerated within federal, state, and local prisons and jails, as well as at-large criminal aliens that have circumvented identification.”
In practice, the program is a deportation program that allows ICE officials to obtain access to jails in order to find immigrants that could be deported. In many cases, this involves local jails gaining access to identifying information in order to transfer people into ICE detention. For example, under the Priority Enforcement Program (PEP-COMM), participating law enforcement agencies share fingerprints with ICE to determine whether there is a match in the ICE database.
Immigrants Who are Arrested Should Obtain Legal Representation Immediately
The CAP program results in hundreds of thousands of deportations each year, according to data provided by the Immigrant Legal Resource Center. The best way that an immigrant can make sure that his or her rights are protected is to retain an attorney familiar with both criminal and immigration law immediately after an arrest occurs. An attorney will review your case and determine whether you are removable and also make sure that local law enforcement and ICE officers do not violate your rights. Even if you are deemed removable, there are certain ways that an attorney may be able to prevent you from being removed from the country. These include the following:
- Obtaining a Cancellation of Removal
- Applying for asylum
- Obtaining a U-Visa
- Applying for an Adjustment of Status
- Seeking an exercise of prosecutorial discretion
These are just a few of the ways that a lawyer may be able to prevent deportation from the United States, and there may be others that apply in your situation. For this reason, it is always important for anyone facing removal to have their case thoroughly reviewed by a lawyer.
Call 201-703-9400 today for more information.
If you have been arrested for a criminal offense and are a foreign national, it is essential that you retain legal counsel as soon as you can. To schedule a free consultation with an experienced lawyer, call Ronald P. Mondello, Esq. today at 201-703-9400 or contact us online.
