Author: Tristan Mirasol

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Arrests by ICE After Court Hearings: Understanding Your Rights

Arrests by ICE After Court Hearings: Understanding Your Rights
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We’ve been hearing alarming reports from immigration courthouses across the U.S. Individuals are being arrested by immigration officers, even after an Immigration Judge has dismissed their cases. Many, especially those who diligently follow the law and exercise their constitutional rights to a hearing, are understandably confused as to why they’re being arrested after their cases were dismissed. Let’s shed some light on this confusing and concerning issue.

What’s Happening and Why

When an Immigration Judge dismisses your case, it usually means your case is no longer active in court. This might seem like a positive outcome. However, it’s crucial to understand: a dismissal from immigration court does not automatically mean you have legal status in the U.S. It simply signifies that the court has closed your particular removal (deportation) proceeding. The underlying issue of your immigration status may still remain unresolved.

These arrests are a result of a recent strategy by U.S. Immigration and Customs Enforcement (ICE). In many instances, government attorneys are actually asking the judge to dismiss cases, particularly for individuals who may have entered the U.S. more recently or who don’t have a clear path to legal status in immigration court.

Their objective isn’t necessarily to let you off the hook. Instead, it’s often to move your case from the formal immigration court system — where you have certain due process rights and a chance to present your case — into a faster deportation process called “Expedited Removal.”

Understanding Expedited Removal

Expedited Removal is a fast-track method for deporting certain individuals who lack legal status. It bypasses the full process before an Immigration Judge. If you are placed in Expedited Removal, you could be detained and deported within days, often with limited access to legal counsel or family support. The only significant exception is if you can quickly and successfully establish a “credible fear” of persecution if you return to your home country.

So, even if your case is dismissed in court, it doesn’t mean ICE has no interest in you. Instead, they are strategically using the dismissal as a stepping stone to a quicker deportation track. This is especially true for those who entered the U.S. within the last two years, but anyone without lawful status could potentially be targeted.

Due Process Rights and the Reality

Many might be thinking, “But don’t we have Due Process rights?” And you are absolutely right! The U.S. Constitution’s Fifth Amendment states that no person shall be deprived of life, liberty, or property without “due process of law.” This applies to all persons in the U.S., not just citizens, including non-citizens. This means you have a right to fair treatment under the law, including the opportunity to be heard and defend yourself in court.

However, these recent tactics by ICE, where they arrest people immediately after a dismissal to place them into Expedited Removal, are being challenged by many legal experts. They argue that this bypasses the very due process protections that the immigration court system is supposed to provide. It also creates a chilling effect, deterring people from even showing up for their court hearings, which would then lead to an automatic deportation order.

What to Do

Given this challenging situation, what’s the best course of action for those who are exercising their due process rights and have upcoming immigration court hearings?

  • ALWAYS Consult with an Immigration Attorney BEFORE Your Hearing: This is very important. Even if you’re told your case will be dismissed, it is critical to understand the full implications. Your lawyer can assess your specific situation, explain the risks, and advise you on the best course of action. They can also try to negotiate with the government attorney or even argue against a dismissal if it leads to a worse outcome for you.
  • Do NOT Agree to a Dismissal Without Understanding the Risks: Don’t agree to a dismissal of your case if you don’t fully understand its potential consequences. Your lawyer can help you decide if accepting a dismissal is truly in your best interest or if there are other forms of relief you should pursue in court.
  • Be Prepared : Talk to your lawyer about what to do if you are detained. Have an emergency plan in place. Make sure someone you trust knows your “A-number” (Alien Registration Number), your lawyer’s contact information, and where your important documents are. While having a lawyer doesn’t prevent arrest, they can advocate for you if you are detained.
  • Know Your Basic Rights if Arrested:
    • You have the right to remain silent.
    • You have the right to speak with an attorney.
    • You have the right to contact your consulate.
    • Do not sign anything you don’t understand without speaking to a lawyer.

The current situation is challenging and frightening. But knowing your rights and being prepared are your strongest defenses.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or text/call 1-415-397-0808)

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U.S. Citizens at Risk: An Examination of Trump’s Expanded Denaturalization Priorities

U.S. Citizens at Risk: An Examination of Trump’s Expanded Denaturalization Priorities
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In an effort to advance Trump’s policy objectives on immigration, the Department of Justice issued a memorandum/directive to all government attorneys of the civil division of the department to prioritize certain cases for investigation and appropriate action.

The Department of Justice’s June 11, 2025 memorandum (DOJ Memo) outlined five enforcement priorities, with the most controversial being the last: Denaturalization. The Department of Homeland Security is not the only agency tasked with enforcing immigration law against individuals in the United States who are present in unlawful status; the Department of Justice is now also poised to strip certain U.S. citizens of their citizenship status.

Civil or Criminal Denaturalization

Citizenship through naturalization if obtained illegally may be revoked by the government through the process of denaturalization either through a criminal or civil proceedings. The legal grounds for civil denaturalization may be found in INA Section 340(a) where it states that naturalization may be revoked for having illegally procured citizenship or by concealment of a material fact or by willful misrepresentation.

Criminal revocation of citizenship is found in 18 USC § 1425 for naturalization fraud. Citizenship is revoked after conviction for procuring or attempting to procure the naturalization of anyone contrary to law.

The DOJ Memo refers to prioritizing civil denaturalization and has expanded the criteria for those who are subject to denaturalization. In addition, the government had wide discretion based on the DOJ Memo to decide on who to denaturalize.

Concealment of a Material Fact (Example Cases)

To become a naturalized citizen, an applicant generally needs to have been a lawful permanent resident for at least three or five years before applying. However, if an individual obtained permanent residency through fraudulent misrepresentation and later naturalized, this could be grounds for denaturalization. In simpler terms, if someone lied to get their green card and then used that fraudulent green card to become a citizen, their citizenship could be revoked through denaturalization.

An example to illustrate is the case of “John.”  In 1991, John was petitioned by his green card holder parent as a single adult son and was granted an immigrant visa.  Unknown to his petitioner, John was already married to his long time girlfriend in 1990.  He concealed this material fact to the U.S. consular officer during his interview and at the time of entry.  After five years he applied and was granted U.S. citizenship. He did not reveal about his prior marriage but instead re-married his spouse after getting his citizenship. If through government investigation, the prior marriage of John is discovered, he will be subjected to naturalization under INA Section 340.

Sometimes concealment of certain matters may not be material in naturalization proceedings but may have adverse effects as well.  For example, being arrested for a misdemeanor which typically will not affect the grant of lawful permanent resident status but an immigration examiner may rule this as not having met the good moral character eligibility criteria. Under the DOJ Memo, if the naturalized citizen is investigated by the DOJ attorney and using the latter’s wide discretion, a denaturalization proceeding may be initiated.

Expanded Criteria for Denaturalization

There are 10 categories of priorities for denaturalization enumerated in the DOJ Memo. We will examine a few of them:

Potentially Dangerous. The DOJ memo mentions cases against individuals who pose a “potential” danger to national security as possible subject to denaturalization.  There is no definition of who is the potential danger to national security.  This may be the case of a naturalized U.S. citizen who may have expressed a political opinion not intended to be a danger to national security but interpreted by the DOJ attorney as “potentially” dangerous to national security, thus, possibly a denaturalization may be initiated in this case.

Fraud Against Private Individuals or Entities.  These are cases against individuals who committed fraud against private individuals, funds or corporations. What type of fraud does this cover? What is the extent of the fraud against a private individual or entity that may be subject of a denaturalization.  Usually denaturalization focuses on fraud committed on the naturalization application or in obtaining lawful permanent resident.   However, this represents an unchartered territory where fraud against an individual or a non immigration related fraud could be a subject of a denaturalization investigation.

Financial Fraud. Cases against individuals who engaged in various forms of financial fraud against the United States (including Paycheck Protection Program (“PPP”) loan fraud, and Medicaid/Medicare fraud may be subjected to denaturalization investigation.. Naturalized U.S. citizens who fraudulently applied for the PPP during the pandemic may fall under this category.  Medicaid or medicare fraud is a criminal offense and is now specifically mentioned as triggering a denaturalization proceedings.

Pending Criminal Charges. Cases referred by the U.S. Attorney’s Office or in connection with “pending” criminal charges, if those charges do not fit within one of the other priorities is another new criterion on denaturalization.  Under this category, even if there is no criminal conviction and it so happens that the naturalized U.S. citizen has a  “pending’ criminal charge a denaturalization case may be initiated.  But what type of pending criminal charge falls under this category is also not clear.

Catch All Provision.  Perhaps the most unsettling criterion for denaturalization is what many refer to as the “catch-all” provision. This broad language, as outlined in the DOJ Memo, states that the Civil Division can pursue “any other cases… that the Division determines to be ‘sufficiently important to pursue.'” The lack of clear parameters for what constitutes “sufficiently important” grants the government significant discretion. Essentially, this provision could allow the government to initiate denaturalization proceedings against any U.S. citizen it deems “important” enough to target. Such vague criteria raise concerns about potential interpretations that could shift with different administrations’ policies.

Denaturalization Process

Once an immigrant is identified for investigation by the government  for purposes of denaturalization, the case will be filed with the federal district court having jurisdiction over the residence of the immigrant being stripped of citizenship.  When the case is filed with the court the naturalized U.S. citizen may present evidence to avoid denaturalization. Note that this is a judicial process and only a federal judge may strip one of U.S. citizenship.  If a citizen is denaturalized, the individual will revert back to his/her prior immigration status and most likely be put in removal proceedings. Whether or not he will be deported depends on available relief or waivers.

What to Do

Given that denaturalization is now a priority for action as directed by the Department of Justice, it is crucial for naturalized citizens to understand their potential vulnerability. If you believe you might fall into any of the categories outlined in recent DOJ Memo, we strongly advise the following:

First, revisit and re-examine your past naturalization application and all supporting documentation. Look for any discrepancies, omissions, or misrepresentations, however unintentional, that could be misconstrued under heightened scrutiny.

Second, seek immediate and competent legal counsel. This is a default and necessary step to protect your rights. An experienced immigration attorney can assess your specific case, come up with a risk assessment and advise you on your next best course of action.

Finally, should denaturalization proceedings be initiated, prepare and raise defenses in federal court. In the unfortunate event that denaturalization is ordered, explore all applicable waivers or applicable immigration relief to avoid potential removal from the United States. Taking proactive steps now is essential to protecting your citizenship.

If you believe that you fall into any of the categories of those who might be affected by this denaturalization effort of USCIS, it will be best to revisit and re-examine your naturalization application, have your case assessed by competent legal counsel. And, if there is a possibility of denaturalization, prepare to defend yourself in the federal court and, in the worst case scenario, explore applicable waivers or defenses to avoid removal.

(Atty. Lourdes Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or text/call 1-415-397-0808)

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Self-Deportation: What You Need to Know

Self Deportation What You Need to Know
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This article discusses the nature and consequences of “self-deportation,” a term prominently encouraged by the Trump administration for undocumented or unauthorized immigrants residing in the United States. “Self-deportation” is not a formal legal term defined within the Immigration and Nationality Act (INA). Instead, it describes the act of an individual with no legal status departing the U.S. on their own initiative, often in response to heightened interior enforcement and policies designed to make life untenable.

An immigrant who “self-deports” by simply leaving the country faces severe and lasting legal consequences. The most significant of these is the triggering of statutory bars to re-entry, potentially for three years, ten years, or permanently. Furthermore, by leaving, the individual may forfeit the right to pursue various forms of legal relief from removal for which they might have been eligible, such as asylum or Cancellation of Removal. This brief will analyze the legal framework surrounding self-deportation, its distinction from formal legal processes like Voluntary Departure, and the profound, often irreversible, consequences of such a decision.

The Nature of Self-Deportation

“Self-deportation,” as a policy concept, operates on the principle of “attrition through enforcement.” The goal is to create a sufficiently difficult and fearful environment that undocumented immigrants choose to leave the United States “voluntarily,” thus bypassing the formal, and often lengthy, removal process in immigration court.

It is crucial to distinguish this informal act from two recognized legal procedures:

  1. Voluntary Departure (INA § 240B): This is a form of relief granted by an Immigration Judge or agreed upon with the Department of Homeland Security (DHS). An individual granted Voluntary Departure agrees to leave the U.S. at their own expense by a specified date. In exchange, they avoid a formal order of removal on their record, which carries its own separate bar to re-entry. However, failure to depart as promised results in severe penalties, including a civil fine and a 10-year bar to several forms of immigration relief. Importantly, Voluntary Departure does not erase any inadmissibility bars based on prior unlawful presence.
  2. Stipulated Removal: This is an agreement between an individual and DHS in which the individual concedes they are removable as charged and waives their right to a hearing before an Immigration Judge. In exchange, a final order of removal is entered. This is often seen as a way to exit immigration detention more quickly, but it results in a formal deportation order with all its attendant consequences.

“Self-deportation” is distinct because it typically occurs outside of any formal court or administrative process. The individual simply leaves. While this may seem to offer more personal control, it is fraught with legal peril, as the departure itself is the event that can trigger significant legal penalties.

Legal Consequences of Self-Deportation

The most critical consequence of self-deportation is the triggering of inadmissibility bars under INA § 212(a)(9). These bars are activated by the act of departing the United States after a period of “unlawful presence.”

  • Definition of Unlawful Presence: An individual accrues unlawful presence if they are in the U.S. without being admitted or paroled, or if they remain beyond the expiration of their authorized period of stay.

The primary inadmissibility bars are:

  1. The 3-Year Bar (INA § 212(a)(9)(B)(i)(I)): An individual who accrues more than 180 days but less than one year of continuous unlawful presence and then voluntarily departs the U.S. is barred from being readmitted for a period of three years from the date of their departure.
  2. The 10-Year Bar (INA § 212(a)(9)(B)(i)(II)): An individual who accrues one year or more of continuous unlawful presence and then voluntarily departs or is removed from the U.S. is barred from being readmitted for a period of ten years from the date of their departure or removal.
  3. The Permanent Bar (INA § 212(a)(9)(C)): This applies to individuals who accrue more than one year of unlawful presence in the aggregate, or who are ordered removed, and then enter or attempt to re-enter the U.S. without being lawfully admitted. While labeled “permanent,” an individual may be eligible to apply for a waiver, but only after having been outside the U.S. for at least 10 years.

These bars are automatic. Choosing to “self-deport” does not avoid them; on the contrary, the departure is the very act that makes them effective. Any suggestion that self-deportation will “preserve your opportunity to potentially return the legal, right way” is legally misleading, as it fails to account for these statutory bars which immediately complicate any future legal return.

Forfeiture of Legal Rights and Relief

By departing the United States, an undocumented immigrant automatically and irrevocably forfeits their right to pursue any form of immigration relief or protection that requires physical presence in the U.S. These include, but are not limited to:

  • Cancellation of Removal (INA § 240A(b)): This is a defense against deportation for certain non-permanent residents who can demonstrate, among other things, ten years of continuous physical presence in the U.S. and that their removal would result in “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident spouse, parent, or child. Departing the U.S. breaks the continuous presence requirement and renders an individual ineligible.
  • Adjustment of Status: For individuals who may have become eligible for a green card (e.g., through marriage to a U.S. citizen or an employment petition), leaving the U.S. can terminate their pending application and subject them to the 3/10-year bars, severely complicating or preventing their legal return.
  • Right to a Hearing: Every individual placed in removal proceedings has a right to a full and fair hearing before an Immigration Judge to determine if they are, in fact, removable and if they are eligible for any form of relief. By leaving before or during these proceedings, an individual waives this fundamental due process right. If they leave while their case is pending, the judge will likely issue an in absentia order of removal, which carries its own 5-year bar to re-entry and other negative consequences.

Conclusion

The policy of encouraging “self-deportation” presents undocumented immigrants with a legally precarious choice. While framed as a way to avoid arrest and take control of one’s departure, it is a legal trap. The act of leaving triggers severe, long-term bars to re-entry and constitutes a waiver of fundamental due process rights and any potential claims to legal status. An undocumented immigrant considering this option must understand that they are not sidestepping legal consequences, but rather activating them. The decision to self-deport has profound and often permanent effects on an individual’s ability to ever legally return to the United States and reunite with family and community.

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For more information about the implications/consequences of self-deportation, or if you need legal advise contact our attorneys at Tancinco Law, P.C at (415)397 0808 or email us at law@tancinco.com or visit our website at www.tancinco.com

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Let’s Stay Safe and Strong Together

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My dearest TLAW community and friends: 

In the past few weeks, a shadow of fear has fallen over many of our homes. We’ve seen and heard the news – a sharp increase in ICE arrests, not just at the border, but in our cities, our neighborhoods, and even in places that were once considered safe.

This isn’t just about numbers; it’s about our families, our friends, our neighbors. Hardworking people, with deep roots in this country, are being separated from their loved ones. This is happening for the following reasons. First, arrests at the southern border have significantly decreased. To meet demanding new quotas – reports say as many as 3,000 arrests a day – ICE is now looking for arrests domestically, within the United States.

This has led to controversial and new ICE arrest tactics. We’re seeing ICE agents making arrests at courthouses, detaining people moments after their immigration cases are dismissed. They are targeting those who are diligently following the rules and showing up for their required check-ins. ICE raids are happening at construction sites, in restaurants, and on farms – places where our community works hard to build a better life.

The fear and uncertainty you are feeling are real, and they are valid. In these moments of crisis, the most important thing we can do is stand together and be prepared.

Your safety is the priority. We must be proactive. The constitutional right to peacefully assemble and make our voices heard is a cornerstone of this nation. But I urge you to please exercise this right with great care. Violence will only endanger you and our entire community. Do not give anyone an excuse to target you.

Before you consider any action, I want you to do a personal risk assessment. Understand the potential consequences for you and your family. And most importantly, know your rights.

If you are approached by ICE, remember:

  • You have the right to remain silent. You do not have to answer questions about your immigration status or where you were born.
  • Do not open your door unless they can show you a judicial warrant signed by a judge. Ask them to slip it under the door or hold it up to a window. An ICE administrative warrant is not the same as a judicial warrant.
  • You have the right to speak with a lawyer. Do not sign any documents without legal advice.
  • If you are detained, you have the right to contact your nearest consulate. They are there to help you.

It is critical that you do not make any major decisions without first consulting with an experienced and trusted immigration attorney. We can help you understand your options and what is best for your specific situation. If the worst happens and a loved one is taken, having a lawyer and knowing their “A” number will be essential to locate them and explore any legal options for their release or return.

Beyond our immediate actions, we must also look at the bigger picture. As a community, and for those of us who are citizens, we must call on our elected representatives in Congress. We need to demand more than just enforcement. We need comprehensive, humane immigration reform that reflects the values of this nation of immigrants – a system that is just, respects the rule of law, and upholds human dignity.

Let us meet this challenge with wisdom, preparation, and unity. Stay safe, know your rights, and let’s look out for one another. We are a strong and resilient community. We will get through this together.

Sincerely,

Atty. Lou Tancinco

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Navigating Evolving U.S. Immigration Landscape: Your Rights and Resources

Navigating Evolving U.S. Immigration Landscape: Your Rights and Resources
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Dear TLAW Readers: 

We understand that the current climate surrounding immigration is marked by uncertainty and anxiety. The recent implementation of new regulations and policy shifts has raised significant concerns for both undocumented individuals and lawful permanent residents. At Tancinco Law, we recognize the profound impact these changes have on your lives and are committed to providing you with clear, accurate, and empathetic guidance.

Quarterly Updates from Atty Lou Tancinco

This month’s newsletter addresses a critical issue: your rights during secondary inspection by Customs and Border Protection (CBP) at airports. We’ve observed a concerning trend of increased detentions and even expedited removals, leaving many travelers, including green card holders, apprehensive about international travel. We offer detailed information to help you understand your rights and navigate these challenging situations. We recognize the difficult decision many are facing regarding travel and encourage you to carefully weigh the risks and benefits.

Furthermore, we’ve included comprehensive summaries of the recent Registration Act and Real ID Act regulations. These new rules necessitate careful consideration and proactive steps to ensure compliance. We strongly advise you to consult with an experienced immigration attorney before taking any action that could potentially affect your immigration status or lead to detention.

Amidst these challenges, we also want to acknowledge the ongoing availability of family and employment-based visa petitions. While priority dates may advance slowly, we remain optimistic about the eventual processing of these applications. Patience and persistence are key during this time.

In these uncertain times, vigilance and informed decision-making are paramount. We at Tancinco Law are dedicated to providing you with the support and expertise you need to protect your rights and navigate the complexities of immigration law. We prioritize confidentiality and are committed to safeguarding your personal information.

We deeply value your trust and continued support. Please do not hesitate to reach out to us with any questions or concerns.

Sincerely,

Atty. Lou

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Updates

New Registration Rule Now in Effect: Should You Register with the DHS?

New Registration Rule Now in Effect - Should You Register with the DHS
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A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.

New Registration Rule Now in Effect - Should You Register with the DHS

If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.

Who Must Register Under the New Rule?

Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.

The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:

  • A green card. If you are a permanent resident, you are registered
  • A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
  • An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
  • An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
  • A Border Crossing Card.
  • A Landing Permit as a crewman.
  • If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)

If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.

However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:

  1. Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
  2. Foreign nationals who turn 14 years old while in the United States.
  3. Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.

What Does Registration Involve?

If you’re required to register, here’s what you’ll need to do:

  • Create a personal myUSCIS account
  • Submit Form G-325R online, which collects biographic and immigration-related information
  • Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
  • Receive and carry a “Proof of Alien Registration” document at all times

For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.

Is There a Deadline to Register?

Yes—and it’s very important.

If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.

For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.

What Happens if I Don’t Register?

If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.

Failing to register or carry proof of registration can result in misdemeanor charges, including:

  • Fines of up to $5,000
  • Jail time (up to six months for failure to register, 30 days for failure to carry proof)
  • Potential removal (deportation) if you are in violation of immigration laws

Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.

Important Note: Registration Can Carry Risks

The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.

For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.

Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.

What Should You Do Now?

If you think this new rule may apply to you or a family member:

➤ Determine if you are required to register
➤ Create a myUSCIS account and complete Form G-325R if needed
➤ Consult with an immigration attorney, especially if you have legal or immigration concerns
➤ Keep a copy of your registration proof with you at all times

For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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REAL ID Act to Take Effect May 7, 2025: What You Need to Know

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know
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After several delays, the enforcement of the REAL ID Act — originally enacted in 2005 — will finally take effect in just a few weeks. It wasn’t until 2020, fifteen years after the law was passed, that all 50 states became compliant with its licensing requirements, which contributed to the prolonged delay in implementation. On May 7, 2025, the REAL ID Act will be fully enforced across the United States. For many non U.S. citizens— especially those who use state-issued IDs or driver’s licenses as their primary form of identification — this date is an important one. Here’s what you need to know, what happens if you don’t yet have a REAL ID, and what you can still do before the deadline.

REAL ID Act to Take Effect May 7, 2025 - What You Need to Know

The REAL ID Act

The REAL ID Act, passed by Congress in 2005, was designed to set federal standards for the issuance of identification documents, such as driver’s licenses and state-issued ID cards. It aims to enhance security measures after 9/11, making it more difficult for fraudulent documents to be used to access federal facilities or board commercial flights.

Starting May 7, 2025, you will not be able to use a standard state driver’s license or ID to board a domestic flight or enter federal buildings — including courthouses and military bases — unless it is REAL ID-compliant.

How Do You Know If You Have a REAL ID?

REAL ID-compliant licenses and ID cards generally have a star on the upper portion of the card. If your ID does not have this star, it may not meet federal requirements. Each state may look slightly different, but the star is a common indicator.

If you’re unsure, check with your state’s Department of Motor Vehicles (DMV) or look at your license to see if it bears the REAL ID star.

Why Does This Matter for Immigrants?

For many immigrants — especially those who are unlawfully present —your state ID may be your main form of identification. Without a REAL ID, you may:

  • Be denied boarding for domestic flights.
  • Be refused entry into federal buildings.
  • Face additional scrutiny when trying to access certain government services.

This is particularly important if you need to attend immigration court, visit USCIS field offices, or travel domestically within the U.S. for personal or legal matters.

Can Immigrants who are in Unlawful Status Get a REAL ID?

Unfortunately, most immigrants who are in unlawful status do not qualify for REAL ID-compliant licenses under federal law. States that issue driver’s licenses to immigrants with no legal status typically provide non-compliant IDs—which are only valid for driving but not for federal identification purposes like boarding flights or entering federal buildings. This is the type of IDs some States like the State of California issue to those with unlawful status and thus, are not REAL ID compliant.

If you are not in possession of a green card or a validly issued REAL ID compliant State ID, you will need to use alternative federally-accepted documents for travel or ID purposes, such as:

  • A valid foreign passport
  • A valid Employment Authorization Document (EAD)

For traveling purposes for example, the above documents like the passport issued by your country of national even if does not contain a valid visa will suffice as a form of identification for traveling purposes within the United States.

What You Can Still Do Before May 7, 2025

If you are eligible, here’s how to get your REAL ID before the deadline:

  1. Make an appointment at your local DMV.
    Many states are still experiencing delays, so book as early as possible.
  2. Bring the required documents, including:
    • Proof of identity (e.g., valid passport, Green Card)
    • Proof of lawful presence (e.g., I-94, work permit)
    • Proof of Social Security Number (SSN card, pay stub, W-2)
    • Two proofs of residency (utility bill, lease, etc.)
  3. Apply before May 7, 2025.
    Don’t wait until the last minute! Lines will get longer as the deadline approaches

Consult With Legal Counsel

Immigrants who are lawfully present in the U.S. should act now to avoid travel disruptions or problems accessing federal services. If you’re unsure whether you qualify or what documents you need, speak with your immigration attorney or contact your state DMV for guidance.

At Tancinco Law, we’re here to help our clients stay informed and prepared. Don’t wait until the last minute—May 7 is closer than you think.

If you have questions about your immigration status or your eligibility for REAL ID, schedule a consultation with our office today.

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If you would like to know how to set an appointment with Tancinco Law, click here.

Categories
Updates

KNOW AND UNDERSTAND YOUR RIGHTS: For Green Card Holders Detained at a U.S. Port of Entry or Airport

Know Your Rights Green Card Holder Detained US Airport
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Green card holders returning from international travel have fundamental rights. A valid green card serves as proof that the traveler is authorized to enter the United States as a returning resident. However, if the Customs and Border Protection (CBP) officer has concerns about your immigration history, prior criminal activity, or past violations, you may be referred to secondary inspection for further questioning.

Determining Your Status Upon Re-Entry

If CBP determines that you are a returning resident, you should be processed quickly and allowed to enter the U.S. However, if CBP categorizes you as an arriving alien, you may be found inadmissible and subject to removal proceedings.

You may be classified as an arriving alien if you:

  • Abandoned or relinquished your lawful permanent resident (LPR) status
  • Were absent from the U.S. for more than 180 consecutive days
  • Engaged in illegal activity after departing the U.S.
  • Left the U.S. while in removal or extradition proceedings
  • Committed certain crimes, unless you were granted a waiver
  • Attempted to enter the U.S. without inspection

If you are categorized as an arriving alien, you may be placed in detention, denied entry, or required to appear before an immigration judge.

Your Right to a Hearing Before an Immigration Judge

If CBP deems you an arriving alien and charges you as removable, you have the right to a hearing before an immigration judge. Only an immigration judge—not CBP—can make a final decision regarding your lawful permanent resident status.

If CBP believes you have abandoned your residence but you refuse to sign a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), CBP must issue you a Notice to Appear (NTA) so you can present your case in immigration court.

What to Expect at Secondary Inspection

Referral to secondary inspection is not an automatic denial of entry. It is an additional screening process where CBP officers will:

  • Ask you questions about your travel and background
  • Collect biographic and biometric data
  • Conduct record checks
  • Determine whether you qualify as a returning resident or an arriving alien

This process can take anywhere from a few minutes to several hours, depending on the complexity of your case.

Your Rights During Secondary Inspection:

  • Right to Contact Your Consulate: You may request assistance from your home country’s consulate. The consulate can help you communicate with a lawyer or your family.
  • Right to Request a Lawyer: Although CBP may inform you that you do not have the right to legal counsel during inspection, you should still ask CBP to document your request for an attorney.
  • Right to Review Documents in a Language You Understand: Any documents CBP presents to you should be available in a language you can read and understand.
  • Right to Refuse to Sign Documents You Do Not Agree With: You are not required to sign any documents if you disagree with their contents.

Privacy Limitations:

  • No Right to Privacy for Electronic Devices: CBP has the authority to inspect your personal belongings, including your phone, laptop, and other digital devices. They may review emails, social media accounts, and other personal data.
  • CBP May Retain Your Devices: Your electronic devices may be held temporarily and returned to you at a later time.

Abandonment of Residence – Know Your Rights

CBP may claim that you abandoned your U.S. residence due to prolonged absences from the country and may pressure you to sign Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).

Important Facts About Abandonment:

  • Time Spent Abroad Alone Does Not Automatically Lead to Losing Your Green Card. CBP must prove by clear, unequivocal, and convincing evidence that you intended to abandon your U.S. residence.
  • Form I-407 Must Be Signed Voluntarily. You are not required to sign it, and there are no negative consequences for refusing to sign.
  • If You Sign Form I-407: You still have the right to request a hearing before an immigration judge to contest the abandonment claim.
  • If CBP Takes Your Green Card: You have the right to request alternative proof of your lawful permanent resident status, such as a stamp in your passport.

Proactive Steps to Protect Your Status

To avoid delays or legal complications at the airport, consult with an immigration attorney before traveling if:

  • You have a criminal record (including arrests, convictions, or pending charges).
  • You have a pending application with U.S. Citizenship and Immigration Services (USCIS) or the immigration court (EOIR).
  • There are undisclosed issues in your immigration history that could raise concerns during re-entry.

Final Takeaway

As a lawful permanent resident, knowing your rights is crucial when traveling internationally. Not all green card holders face detention upon return, but those classified as arriving aliens may be subject to increased scrutiny and enforcement actions.

Remember: Your green card is your legal proof of U.S. residency, and you should not be pressured into relinquishing it. If questioned, detained, or pressured to sign documents, stand your ground, assert your rights, and seek legal advice.

For more information about your rights and responsibilities as a lawful permanent resident or if you need legal advise contact our attorneys at Tancinco Law, P.C at (415)397 0808 or email us at law@tancinco.com or visit our website at www.tancinco.com

Categories
Featured

Are you a Green Card holder and at risk of being detained at a U.S. airport?

Green Card Holder At Risk Detained US Airport
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Nowadays, a non-U.S. citizen returning from travel outside the United States is not necessarily guaranteed a smooth entry, even with a validly issued visa or lawful permanent resident (LPR) status. Many immigrants—including not just undocumented individuals but also green card holders—are increasingly fearful of their status. This atmosphere of fear has been fueled by the current administration’s heightened enforcement of immigration laws, along with stricter scrutiny of individuals’ past immigration and criminal histories upon entry into the U.S.

With recent news reports of numerous LPRs being detained at airports, this article aims to provide guidance on whether you might be at risk of possible detention or arrest upon arrival.

Why Are Lawful Permanent Residents Being Detained at Ports of Entry/Airports After Traveling Abroad?

A non-U.S. citizen is granted lawful permanent resident status by the U.S. Citizenship and Immigration Services (USCIS) to allow them to permanently reside and work in the United States. Green cards may be issued through family-based or employment-based petitions, as well as humanitarian visas.

However, holding a green card does not mean that your status is truly “permanent” or that you are automatically guaranteed re-entry into the U.S. Like temporary visas, lawful permanent resident status is a privilege granted by the U.S. government—not an absolute right. If you fail to meet the residency requirements or engage in conduct that violates immigration laws, your green card may be revoked.

Traveling and Returning to the United States

General Rule

As a green card holder, you generally should not fear returning to the U.S. after traveling abroad. However, if you have a case or past actions that fall under grounds for revocation of your green card, you could face detention and secondary inspection by Customs and Border Protection (CBP) officers at the port of entry.

Returning Resident vs. Arriving Alien

In immigration law, understanding certain key terms is essential. When entering the U.S. with a valid visa—whether a green card or a temporary visa—you are expected to be admitted after inspection of your travel documents. If no legal grounds exist to deny your entry, CBP must allow you in. However, if there are deficiencies in your visa or circumstances rendering you inadmissible, you may be classified as an “arriving alien” rather than a “returning resident.”

Generally, green card holders are not considered arriving aliens. However, there are exceptions where an LPR may be classified as an arriving alien, which could put them at risk of inadmissibility and denial of entry.

For example, an LPR may be deemed an arriving alien if CBP suspects that they abandoned their resident status or if they fall under a category subject to removal from the United States. If this occurs, the CBP officer may place the individual in secondary inspection, detain them at the airport, or refer them to Immigration and Customs Enforcement (ICE), depending on the nature of their case.

Categories of Green Card Holders Who May Be Detained or Considered Arriving Aliens

Even before the current administration’s restrictive enforcement of immigration laws, legal provisions already existed for classifying certain green card holders as arriving aliens under Immigration and Nationality Act (INA) Section 101(a)(13)(C). A green card holder may be deemed an arriving alien if they:

  • Have abandoned or relinquished their resident status
  • Have been absent from the U.S. for a continuous period exceeding 180 days
  • Have engaged in illegal activity after departing the U.S.
  • Departed the U.S. while under legal proceedings for removal
  • Have committed an offense that falls under INA Section 1182(a)(2) unless granted relief under INA 1182(h) or 1229b(a)

Criminal grounds of inadmissibility referred to in number 5 category refer to:

  1. Crime involving moral turpitude;
  2. Multiple criminal convictions;
  3. Controlled substance traffickers;
  4. Prostitution and commercialized vice;
  5. Human Trafficker;
  6. Money Laundering

To complicate matters for arriving aliens, there are certain crimes that require the law enforcers to detain non-U.S. citizens because of the Laken Riley Act which was enacted immediately after President Trump took office. Added to the crimes defined under existing law above, the following crimes may render the returning resident into stricter scrutiny:

  1. Burglary;
  2. Theft;
  3. Larceny;
  4. Shoplifting;
  5. Assault of law enforcement officer;
  6. Crime resulting in death or serious bodily injury to another person.

If an LPR falls into any of these categories—including those with prior criminal convictions—CBP may classify them as an arriving alien and detain them at the port of entry. However, similar to other immigrants detained after enforcement actions, LPRs detained at ports of entry still have rights they can exercise.

Before Traveling Abroad or Returning to the United States

The mere passage of time since receiving your green card or the fact that you have previously traveled in and out of the U.S. without incident does not guarantee future entry. Given the stricter enforcement environment, it is crucial to exercise due diligence before traveling.

What You Should Do:

  1. Consult an immigration attorney before traveling if:
    • You have a prior arrest or criminal record (convictions or pending charges)
    • You have a pending case with immigration court or USCIS
    • There is anything in your immigration history that was not disclosed during your green card application and could raise questions upon re-entry
  2. Be mindful of extended absences from the U.S.
    • Staying outside the U.S. for more than six months may have serious consequences. While this alone may not revoke your green card, CBP may view it as evidence of abandonment.
    • If pressured to sign an abandonment of residence form at the airport, know that you are not required to sign it against your will.
  3. Know your rights as a lawful permanent resident.
    • Understanding the legal framework surrounding LPR status will help you navigate interactions with CBP officials and avoid unnecessary complications upon return.

Final Thoughts

Not all green card holders are at risk of being detained at the airport upon re-entry. However, those classified as “arriving aliens” may face heightened scrutiny and potential enforcement actions by CBP. If you are an LPR, remember: “Use it, or lose it.”

(Author Atty. Lourdes Santos “Atty. Lou” Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)