Know your rights: Wake County immigration attorneys discuss current landscape, ICE raids

RALEIGH, N.C. (WTVD) -- As 700 Marines from Twentynine Palms, CA, were dispersed to Los Angeles to respond to the growing unrest amid recent ICE raids and protests, local immigration attorneys in North Carolina are speaking up about the situation and educating others on their rights and how to navigate the judicial system.

Their comments come as social media and other websites can be a hotbed for misinformation that can lead to fear, panic, and confusion.

"It's hard. And the reality is that if ICE has someone as a target, they're going to know where they frequent. They're going to know where they are," said practicing immigration attorney Rebekah Grafton, partner at Raleigh-based Fay Grafton Nunez law firm."

Grafton has been working exclusively on immigration cases for more than 15 years now and continually advises clients of their rights as they navigate the judicial system.

"If you ask any of my clients, I'll tell them we're working on a broken system, but we have to work with what we have," she said.

According to Grafton, the difference between the Trump administration and the Obama-Biden is that the former "has been going after everybody."

"Obama had that nickname, Deporter in Chief. And that floated around for a while because his deportation numbers were high. And that was because he focused his efforts on a particular class of people," said Grafton. "He really focused on folks who had criminal records, folks who'd recently entered the United States. And so if you'd been here for ten years...we don't need to worry about trying to deport you. When you focus your efforts like that, you can get people through that docket pretty quickly."

Grafton said the docket was "clogged" with all types of cases, many of which do not involve people with a criminal background or record.

"But now, of course, Trump's been able to kind of strong arm some of those countries into taking folks, coming up with some other ways of trying to get people out of the US, even if it's not to their home country," added Grafton.

She also said that undocumented immigrants are not required to identify themselves if they come into contact with ICE agents. However, she said, "The most important question is where were you born. Because as soon as you tell an ICE officer you were born somewhere other than the United States, that gives them jurisdiction to move forward in determining what your immigration status is."

Meanwhile, immigration attorney William Vasquez questions the Trump administration's approach and what he said it's doing to the immigration community.

Vasquez is referring to temporary protected status (TPS) that allows protection and immunity of sorts for individuals who have been in the United States for less than two years and their cases are currently pending. Immigration advocates have been accusing the Trump administration of ignoring that protection and the due process people are afforded.

"When you're going after families and children and people that are not criminals, then it becomes a different topic, a different subject. And is it who we are as Americans?" asked Vasquez. "These people have done what they needed to do. They have gone to court, and they have filed their asylum. And what they're doing is they're closing their cases, taking that protection of that asylum away from them. And then they're being picked up as soon as they're walking out of the court and being removed without having that due process," he said.

Additionally, Raleigh-based immigration attorney Allison Chan recommends, "For anyone who encounters ICE, remember to remain calm and do not panic. You have a right to remain silent, and you have a right to refuse to be searched. You do not have to discuss your immigration status with police or immigration agents. Do not ever lie or present any false documentation to law enforcement. Never sign anything if you do not understand what it is or without the advice of a lawyer. If you have a lawyer, tell ICE to contact your lawyer. If you have a pending application with USCIS, a work permit, or you're a lawful permanent resident (e.g., green card holder) or a naturalization U.S. citizen, you should carry a copy of the receipt notice or those documents with you at all times."

Chan recognizes the sensitivity of the issue at hand that affects thousands of people in North Carolina and across the country.

"We recommend anyone who is in a difficult immigration situation to see a competent immigration attorney. It's important to get your immigration status in order and to start the process for a pathway to permanent residence status and eventually citizenship," said Chan. "It's true that ICE has been more aggressive in detaining and removing certain individuals, but there is still due process that exists in removal proceedings. It's important not to rely on social media or a non-attorney's advice for immigration advice, given the ongoing changing policies and the amount of misinformation today. There are generally options available for relief, even for the most seemingly complicated cases."