INS to report deportees to FBI

In a recent article in the Los Angeles Times, it was reported that the Immigration and Naturalization Service (INS) will submit a list of some 314,000 persons who have "disappeared" to avoid being deported. Under the new policy, the LA Times reported, the INS will relay the names of these missing deportees or abscondees to the National Crime Information Center (NCIC), a criminal database maintained by the FBI and frequently consulted by the police.

This means that people who have been ordered deported (but never left the U.S.) could be caught and detained during routine traffic stops or even minor brushes with the law, INS Commissioner James Ziglar warned. "If you don’t want to be one of the guests in a detention center while we’re getting your documents together, you might just want to go home," he advised deportees.

The INS has been under constant scrutiny since the September 11 terrorist attacks after it was established that all the 19 suspects in the attacks entered the United States legally, with two of them having overstayed and the third having violated the terms of his visa. The INS’s failure to locate and remove the 314,100 missing deportees has been one of the criticisms hurled against the INS since September 11.

If in the past, these deportees have eluded law enforcement authorities, it may not be as easy once the list of names is submitted, because the names will be available in all police computers, including those inside police patrol cars and on police motorcycles.

There are many people who were ordered deported in absentia (in their absence) and may not even realize that there is a deportation order on their record. For example, a person may have applied for political asylum years ago and moved many times. The INS may have sent interview notices and orders to show cause (OSC) or notices to appear (NTA) to the alien’s old address, requiring the person to appear for interview or court hearing on a specific date. Because the person moved so many times, he may not have ever received notice of the deportation hearing. As a result, the deportation proceeding went forward, the alien did not appear (because he never got notice of the hearing), and the Judge ordered him deported. Now, with INS’ new policy, that person’s name will be turned over to the FBI, and his name will appear in the criminal database maintained by the FBI.

However, there was a recent BIA decision allowing some people, in limited situations, to have their deportation case reopened if the alien was not properly served the deportation papers. If you were ordered deported in your absence, but never received notice of your hearing, you should immediately consult with a reputable attorney, who can analyze your situation, and determine if there are sufficient bases to have your case reopened and/or other ways for you to obtain a green card. This way, you can get your name off that FBI database, and finally be able to "live free" in America.

Remember, after September 11, it is all the more important that aliens with immigration problems have a lawyer to be there to protect the alien’s rights and interests.

Michael J. Gurfinkel has been a licensed attorney in California for 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com.

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)