U.S. Won't Deport Immigrants Pursuing Civil Rights Claims
This summer, U.S. Immigration and Customs Enforcement leadership issued a memo stating that, absent special circumstances, the agency will not deport immigrants who are involved in legitimate civil rights claims.

November 03, 2011 /24-7PressRelease/ -- U.S. Won't Deport Immigrants Pursuing Civil Rights Claims

Undocumented immigrants are some of the most frequently mistreated members of our society, yet they rarely speak up for fear of being deported.

New guidance from the federal government may help mitigate this fear. This summer, U.S. Immigration and Customs Enforcement leadership issued a memo stating that, absent special circumstances, the agency will not deport immigrants who are involved in legitimate civil rights claims.

The protection also extends to immigrants who are engaging in protected activities related to civil rights, such as reporting employment discrimination or poor housing conditions, union organizing, or engaging in a legitimate dispute with an employer, landlord or contractor.

The agency will make deportation decisions on a case-by-case basis. Immigrants could still face deportation if they exhibit "adverse factors" such as having been a human rights violator, having had a serious criminal history or having committed serious immigration crimes.

Move Will Protect Immigrants' Rights

The move is thought to have stemmed from the case of an undocumented Ecuadorian immigrant who was set to be deported even though he had a civil rights claim pending. The man claimed that he was caught up in a retaliatory immigration raid after the city where he worked became the first to offer identification cards to immigrants.

An undocumented El Salvadorian immigrant has already secured protection under the new policy. She was scheduled for deportation on September 30, 2011, but secured a one-year stay while her civil rights claim is pending. The woman alleges that police violated her constitutional rights by engaging in racial profiling.

The policy change is expected to help immigrants throughout the country protect their human and civil rights, especially in the workplace. Immigrants tend to be concentrated in low wage jobs and many face abuse from their employers. Most won't report the abuse because they are scared of the immigration consequences. Now, the new policy won't allow employers to hide from their civil rights violations by threatening to have employees deported.

If you or a loved one is an immigrant who is facing deportation, talk to an experienced immigration attorney who can advise you of your options.

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