Imagine going to an official government interview with your spouse to discuss the state of your marriage. Let’s be honest, this would be difficult enough for most US citizens, regardless of birth origin. You’ve prepped for a year, making sure you don’t give any answers that seem to even hint at anything questionable, since the interview is part of an immigration application. Not only your marriage, but your life, depends on it.

Maria and Oscar Hernandez Miranda, residents of Miami, just experienced this brutal series of events. Maria is a citizen, and her husband of over 10 years, Oscar, is an immigrant from Nicaragua. Maria and her son suffer from multiple sclerosis, and Oscar is their caregiver. With Oscar in detention, Maria and her son are suffering exponentially.

Potential Class Actions Against ICE Traps

In a case currently pending in Massachusetts brought by the ACLU and plaintiff immigrants questioning the legality of these traps, ICE moved to dismiss the case. In denying ICE’s motion to dismiss, US District Judge Mark Wolf ruled in August that ICE “may not order the removal of an alien pursuing a provisional waiver solely on the basis that he or she is subject to a final order of removal” and that ICE must consider whether a person is applying for a provisional waiver, and the facts of their case, before ordering removal.

If you or someone you love is facing immigration proceedings of any kind, whether for citizenship or deportation, seek the advice of a trained immigration attorney. Current trends are making immigration more difficult, and it may be necessary to exercise all of your legal rights as an alien. These attorneys may be able to offer you free or low-cost help, and provide you the protection and advice you need to be successful.

Related Resources:

  • Find an Immigration Lawyer Near You (FindLaw’s Legal Directory)
  • Top 7 Immigration Laws for Families (FindLaw Law and Daily Life)
  • Another Deadline Passes, but Hundreds of Immigrant Families Remain Separated (FindLaw Law and Daily Life)

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