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Immigration Detentions at the Miami International Airport

Immigration Detentions at the Miami International Airport (MIA)

On January 27, 2017, President Trump signed an executive action that will have a significant impact on non-U.S. citizens who are traveling through ports of entry in the United States.  The most common port of entry is the airport.

After signing the executive action, many legal permanent residents have been detained at the airport by Customs and Border Protection (CBP).  Over the past weekend, the following immigration detentions were reported at international airports across the country including:

These individuals were questioned for hours. Most, if not all, of these individuals, were refused access to an attorney even though the American Civil Liberties Union (ACLU) had attorneys on standby.

With the uncertainty of Donald Trump’s future immigration policies, you need to know what your rights are as a legal permanent resident in the event that you are detained at the Miami International Airport or other airports in South Florida.

Protests at the Miami International Airport (MIA) and around Miami-Dade County

At about noon Sunday afternoon, approximately 300 people protested President Trump’s executive order banning Muslims from seven countries at the airport in Miami (MIA). Protesters demonstrated near Terminal F before migrating to Gate 11 and then onto the sidewalks, blocking traffic.

At about 3:00 p.m. the Miami-Dade County Police were parked outside MIA Departure Gate 9 threatening to arrest any unruly protesters. While tensions were high and arrests seemed imminent, the protest calmed down and ultimately ended at about four. Those, however, were not the only protests.

More protests erupted outside Miami Mayor Carlos Gimenez’ Miami-Dade office on Tuesday (Jan 31, 2017). Protesters gathered outside the Stephen P. Clark Center on the corner of Northeast First Street and Northeast First Avenue at about 4:00 p.m., to express their disappointment in Mayor Gimenez signing an order that directs the corrections department to comply with Immigration and Customs Enforcement (ICE) requests to hold immigration suspects in Miami-Dade jails. If you are concerned about these new policies, then before you travel through Miami International Airport (MIA), speak with an immigration attorney.

Attorney for Non-U.S Citizens Detained at Airports in Miami-Dade County, FL

If you or someone you know has been detained at the MIA airport or other entry port in South Miami, Florida, call attorney E.J. Hubbs. Attorney Hubbs has extensive experience representing men and women who are not U.S. citizens and who face deportation due to criminal charges or other immigration issues.

With offices located in Miami, E.J. Hubbs will fight to ensure that you have representation at any entry port throughout Florida, including airports, while President Trump’s so-called Muslim ban is in place and as other changes in the immigration law take place.

Call (305) 665-9040 if you are stuck at an airport or if you know someone who needs an immigration attorney.

The Impact of Trump’s Executive Order at the Miami Airport

President Trump’s executive order essentially suspends all refugee applications for 120 days for asylum from the countries of Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia.  The purpose of the order is to allow the Department of Homeland Security (DHS) time to implement policies and procedures for “extreme vetting” of refugees.  Extreme vetting refers to the process in which the United States government will evaluate future admissions into the United States.

The legality of this order is being challenged in the courtrooms at the Immigration Court (EOIR), and judges in New York, Virginia, and Washington have granted stays to legal permanent residents who are challenging the order in court.  The rulings do not state that Trump’s order is unconstitutional; however, they do allow legal permanent residents, who are similarly situated, to challenge their removal in federal court. Additionally, in Miami, these cases will be heard at the Miami Immigration Court.

Who Does Trump’s Immigration Order Effect

Obviously, if you are a U.S. citizen, this order will not affect you. President Trump’s order also will not affect undocumented aliens since they were not admissible into the country prior to the executive order.

This order affects legal permanent residents (green card holders) and visa holders. The order specifically affects individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia.  All individuals, especially those with criminal convictions, should be cautioned not to travel without consulting an experienced immigration attorney in Miami, FL. It is important to discuss traveling with an attorney before you leave because of the constant changes in immigration law and policy during the Trump administration.

Legal Rights During Detention at Airport

If you are a legal permanent resident and you are detained at the Miami International Airport, you have certain legal rights. Contrary to popular belief, your green card cannot be taken away from you without due process. That means you have the right to contest your denial of admission into the United States, or your deportation, in court in front of a judge.

As stated previously, CBP has traditionally interrogated individuals at airports for hours without an attorney.  This is no time to be timid.  You must be strong, assertive, and confident in your right to stay in the United States.

Customs and Border Patrol officials have been known to coerce or even threaten individuals into signing documents that can affect their green card status or affect their ability to obtain immigration relief in court. Customs and Border Patrol officials have been known to do the following things:

  • CBP officials have attempted to get people to sign form I-275, which withdraws a request for admission into the United States;
  • CBP officials have attempted to get people to sign form I-407, which effectively results in a person forfeiting their green card;
  • CBP officials have attempted to get people, who have been served with a “notice to appear” for removal proceedings, to sign for “expedited removal” thereby waiving their right to a hearing in immigration court.

Legal permanent residents are advised to refuse to sign any of the documents mentioned above and request to speak to an attorney.  All non-U.S. citizens are advised to contact an immigration attorney in Miami, FL, who handles deportation/removal cases prior to traveling.

Additional Resources

President Trump’s So-Called Muslim Ban – Visit CNN for a full copy of the text of Donald Trump’s Executive Order excluding Muslim immigrants from the following seven countries: Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia.

Attorney for Non-U.S Citizens Detained at Airports in South Miami, FL

If you or someone you know has been detained at any entry port in Miami, Florida, call attorney E.J. Hubbs. Attorney Hubbs represents clients throughout Miami-Dade County and the surrounding counties in immigration, and deportation issues.

E.J. Hubbs will fight to ensure that you have representation at any airport throughout Miami, FL.

Call (305) 570-4802 if you are stuck at an airport or if you know someone who needs an immigration attorney.

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