Attorney answers ICE enforcement questions after 8 arrested in Cleveland

Hinzugefügt: 2026-05-25

[00:00:00]Okay, so we heard about ICE's involvement in Cleveland, Tennessee, and of those um people who were detained legally had criminal records. Um three of eight of which um got sent back on what was called a voluntary um sorry, I'm looking up the exact name.

[00:00:20]The incentivized voluntary departure, meaning they could go back they could go with you know, America sending them back and have a chance to come back. Can you tell me a little bit about that program?

[00:00:31]About you know, what you know?

[00:00:32]>> yeah, yeah, um essentially if you're found that um as an international if you're found that you can or must be also removed, then you are allowed to leave the US on your own.

[00:00:49]So, um it's usually in the past uh amount of time of maybe about 90 days to like 120 days to leave. Now, I think it's a lot shorter and you basically say that I'm going to leave on my own, I don't have to be removed, and um honestly, that's it. It's It's just allowing the international uh to leave per their own will. So.

[00:01:13]And if someone doesn't decide to do that, is that when they get deported and detained?

[00:01:19]Yeah, so let's say I'm an international and I do not want to just leave on my own, I do not want to admit that I've done anything wrong or or I don't want to give up any rights to apply for a immigration uh benefit or also relief, then I'm allowed to state that I do not want to leave on my own, and thereby I would be detained, but I would be also placed into a process and in terms of hearings.

[00:01:52]Removal process. And and through those hearings, I could argue that I have a case to remain in the US, some type of relief that I could either say that it's asylum or maybe I've had good character for over 10 years and I want to cancel that I'm being removed or that I have a husband or wife that can apply for me to also remain here.

[00:02:18]So, essentially if you do that though, you would be detained and and you could be detained for 3 months, a year or longer. So, who wants to be actually detained? But, you can also argue that you want a bond hearing. So, you don't have to be detained. You could have an immigration lawyer file um evidence showing that you have good character and that you have also reason to not be um to not actually be sitting in a center for months on end. So.

[00:03:02]Sorry.

[00:03:04]Is there a process that's different?

[00:03:05]These these you know, immigrants, they were had criminal background. Is there a different process for those who have a criminal background or tried multiple times to get in versus someone who's just found for the first time with no criminal background illegally? Yeah, yeah. So, if um if you have a clean background, if you have not done anything except enter without a visa, then you're going to have a much better argument to argue for a bond hearing to be also released to apply for a immigration benefit. But, if you're someone who has entered illegally, let's say two or three times, you'll have what's called a permanent bar against you that can't be waived, that you would have to remain outside the US for at least up to 20 years or more, okay? Also, if you have any type of felonies, if you have multiple felonies, it's going to be very hard, if not impossible, to argue that you can remain here because it's not in the interest of the US to have you stay. So, even if you had an immigration benefit, if you had something like that where a husband or wife could apply for you, most likely you would just be removed and you would have to ask for a waiver outside of the US.

[00:04:25]And my other question is, in that video that was sent to us by our viewer that kind of prompted this interview, their vests said "Enforcement and Removal Operations." Do those responsibilities differ from other federal agents or is that kind of in with ICE?

[00:04:40]Well, actually, ERO is ICE. So, basically, there's actually two components of ICE, ICE HSI and ICE ERO.

[00:04:48]ICE ERO is the removal operations. Those are the individuals that will have an NTA. An NTA is is a notice to appear in immigration court. It's saying that you have to be removed. These are the charges we found against you and we're actually apprehending you. And then, in this process, as you're being removed or you're being detained, an immigration lawyer might be able to attempt to argue for a bond hearing.

[00:05:19]That's also dependent, right? I mean, if you if you have a criminal record, if you've entered illegally many times, probably there's no reason to apply for it at all, okay? But, ERO is ICE and this would be a actual operation that probably had honestly several weeks of involvement and also research and planning to make sure that this could happen.

[00:05:45]And you mentioned a little bit about, you know, people staying in the United States or not staying. When you say staying, does that mean staying in a detainment or just trying to have an appeal to stay and just live in the United States?

[00:05:58]So, when you think of staying in the United States, there there there there there's an actual legal term that you can say to to stay, to remain, that you can argue that you're not going to be actually detained and you have to file with the uh immigration office for that. But, in general, um if you're being removed, um right now, you most likely will always be detained. And to remain in the US or to stay in the US, you would ask, you know, that you have an immigration benefit that would allow you to stay, to live here and while that immigration um application is pending or also relief is being asked for in court, you would argue, can you not live in a center, not live in a jail, can you be uh allowed to not be in that center and maybe live with family, you know, while that's going on. But, currently, mostly most individuals will be uh placed into a center and that's why they're being offered that they can leave on their own.

[00:07:05]Because they're saying, look, you know, if you want to go to a immigration court hearing and attend it, that's fine. It might take a very long time, a year to two years, or you could just leave.

[00:07:18]And um another question I had is what kind of legal authority does um ICE have to make arrests for people who, you know, might be pulled over for a traffic stop and they find out they're deported?

[00:07:31]Do they make arrests as well for those other like criminal stuff? Like, do they have legal authority to do that?

[00:07:39]Well, currently, ICE is not acting as a law enforcement agency on our roads or highways, but you will have highway either high highway patrol officers or maybe certain um local police agencies who sign on to agreements that would allow them to call ICE at that point. That if they um if they arrest someone or cite someone and they think they're not here with any papers, with any documents, with any status, then they would arrest them and at the jail they would call ICE and ICE would come over there.

[00:08:19]But no, I mean ICE is not or should not or is not on our highways or road systems arresting people for that, but they will be called in.

[00:08:32]I'm going to see if I have any more questions.

[00:08:36]I think that's probably the last question I have. Is there anything else I didn't specifically ask you that you want to mention in terms of this voluntary, you know, being able some immigrants being able to choose to deport whether whether choose to deport besides getting detained and staying. Is there anything else I didn't ask you you want to mention?

[00:08:55]>> No, no, I I I I I just think we should understand that we do have a current process in place that if someone is here without any any papers, any status, then that either our police or ICE somehow will be involved and to always review that.

[00:09:14]They're not going to review that. I mean, they're not not going to review that. No, they will always review it and with that then they will ask and want to say, "Okay, will you remove yourself?"

[00:09:28]Yeah, because currently our government wants those individuals removed. In fact, a memo came out today from the CIS, from the immigration office, saying that even to immigrate to to the US is extraordinary.

[00:09:48]That the US government now will only grant immigrating to the US, inside the US, in extraordinary ways or reasons or facts.

[00:10:00]So, it really looks like the indication is that the US is saying you only need to visit here and we only want you to visit here. We don't even want you to live here. That's what it looks like.

[00:10:11]Wow, I didn't even know that. Well, I appreciate you hopping on this call.

[00:10:15]Hey, um I Sorry, I had one question. We had followed up with ICE and they just mentioned, to be clear, this was not an operation, it was a targeted enforcement. Can you just speak, I guess, if there's a difference between operation and targeted enforcement?

[00:10:32]Yeah, so if if ICE talks about an operation or they talk, um, about a TAE or about a targeted enforcement, I think what they're saying is that, um, these individuals were already known to be here illegally and there was an NTA, uh, that's a notice to appear for immigration court issued and thereby they're just, um, applying that order.

[00:11:01]Um, I think that, uh, the an operation for them would be something where they would be working with other agencies, FBI, also local, um, enforcement agencies [clears throat] and and, um, maybe spending a month or two or three saying this is an area that we want to review, we want to arrest people, we want to see who's here, we want to investigate. But, to be frank, right now, it's kind of really hard to figure out what is an operation, what is also targeted enforcement because it just seems like they're heavily enforced right now and they're just drilling down on this over and over and over. So, it just really very It's very difficult to figure out which is which.

[00:11:56]Matt, do you have any more questions?

[00:11:59]No, that's all I had. Thanks. Um yeah, that's all the questions I had, too. So, I really appreciate you hopping on this especially so last minute to talk to us.

[00:12:07]No, of course. Of course. And I I just I think you're going to see this happen more now since since the ICE funding ha- ha- has been released in Congress and you're going to see more enforcement operations. I think they said that they're going to place I don't like hundreds and hundreds of ICE officers in immigration offices throughout the US now, too. So, you're probably just going to see more of this.

[00:12:31]Oh.

[00:12:32]Yeah. Mhm.

[00:12:33]Well, I appreciate