Detained because of change of address

A recent decision by the Board of Immigration Appeals (BIA) illustrates how strict the Trump administration has become and how even minor immigration violations can have devastating consequences. In that case, the alien was in removal proceedings and failed to timely submit a change of address to the court. The BIA ruled he should be detained.

The immigration judge had ordered that the alien could be released from custody upon posting a $15,000 bond. However, the Department of Homeland Security (DHS) appealed to the BIA, arguing that the alien should remain in custody because he posed a “flight risk,” meaning he might not later appear in court. The key piece of evidence presented by DHS was that the alien had presented inconsistent evidence on where he lived. At times, he claimed to be living in Michigan and at other times, he claimed to be living in New York. He finally submitted a change of address with the immigration court only after he was encountered by immigration officials. The BIA ultimately ruled that because of the alien’s address discrepancies and the failure to timely notify authorities of his current address, he should be detained.

To be clear, this was a case involving removal/deportation, where an alien must demonstrate that they are not a flight risk. But the BIA pointed out that all aliens (even those not in removal proceedings) have an obligation to provide DHS with their most current address. In other words, non-citizens have the obligation to keep their addresses updated, whether they are green card holders or out of status. This can usually be done by filing a form AR-11 online. In the past, the government was not strict, and it was usually no big deal.

But now, under Trump, we are seeing that what were once seemingly minor oversights or violations can result in denials, deportation or, as in this case, detention. That is why I would strongly advise people to first consult with an attorney concerning eligibility for an immigration benefit, whether it is applying for a green card or even naturalization, to make sure you are eligible and can provide all the requested information and evidence. Now, if a form is filled out incorrectly or not all required documents are submitted, it could result in a denial. If, as a result of the denial, the person is out of status, they could face deportation. The stakes are far too high to experiment with or learn immigration on your own or for your family members’ case.

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