Q: I have a pending criminal case and I’m not a U.S. citizen. Can ICE arrest me at the courthouse?
A: Yes. With increased immigration enforcement in North Carolina, ICE has expanded its operations, including arrests at or near courthouses. This has created serious concerns for non-citizen defendants who have pending criminal cases.
Current Enforcement Climate
ICE has increased its presence in North Carolina, and federal immigration authorities are considering plans to open new detention facilities in the state. Reports indicate that ICE officers have conducted enforcement actions at courthouses and in communities throughout the state.
How This Affects Criminal Cases
Non-citizen defendants may avoid appearing in court out of fear of immigration arrest, which can lead to failures to appear and additional criminal charges. This creates a terrible choice: appear in court and risk deportation proceedings, or fail to appear and face a warrant.
Your Rights
You have the right to remain silent if approached by ICE agents. You do not have to answer questions about your immigration status. You have the right to an attorney in your criminal case, though there is no right to a government-appointed attorney in immigration proceedings.
What Your Criminal Defense Attorney Can Do
An experienced criminal defense attorney can coordinate with immigration counsel, advise on the immigration consequences of criminal dispositions (which is required under Padilla v. Kentucky), and in some cases negotiate outcomes that minimize or avoid immigration consequences.
Related Practice Areas
North Carolina Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.