It’s not just ICE raids. Immigration lawyer warns of reopened cases

Immigration coverage: What to know
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In her 13 years practicing immigration law, Cynthia Santiago has seen her fair share of cases involving fathers and mothers being picked up by U.S. Immigration and Customs Enforcement for low-level offenses.

What’s different right now, she said, is the “level of terror” on display as armed federal agents raid worksites across the L.A. region. What’s been clear during the Biden presidency and Trump’s first term in office is the importance for immigrants to know their legal rights.

In a conversation with Boyle Heights Beat, Santiago offers legal tips that immigrant families should keep in mind, not only as the raids continue, but also as closed immigration cases are being reopened.

Preparation is key

In immigrant households, family members should be aware of each other’s history, including:

  • How and when they entered the country
  • Whether they’ve ever been detained at the border
  • They should gather documents of any immigration cases
  • They should be informed of past criminal history, even if it’s a misdemeanor

“A lot of individuals think that these things erase and, unfortunately, for purposes of getting somebody a bond or immigration release, these things will matter … so that an attorney can properly assess and work quickly,” Santiago said.

For Santiago, it’s important to know if a potential client has already had a deportation order, and whether their case to fight such an order has already been denied or if they’ve lost appeals in the process.

If that’s the case, she said, “We have to work on an emergency basis and try to stop a deportation that is actively happening.” It’s a different scenario for someone “who’s never been in the system, has never filed a case, and potentially would be able to fight their immigration case and get a bond.”

Preparation is key, Santiago said. She advises people to:

  • Get in touch with a nonprofit immigrant rights organization
  • Contact an attorney to assess their background and immigration cases

That way, if they are detained by immigration agents, they’ll make a more informed decision as to their immigration case.

Be wary of immigration legal scams

Santiago advises people to be cautious of these red flags:

  • TikTok or other social media users advertising paid legal services that claim to offer protection against deportation
  • Attorneys who charge hundreds of dollars to be “on call”
  • Notario scammers

Santiago urges immigrant families to tread carefully with people who make false promises. “Any attorney that’s pressuring you to start a case when in the past others have said you don’t have one … It’s too good to be true,” she said.

“Most of the time we’re trying to find solutions for folks. That’s our job. If I’m telling somebody that they don’t qualify for something, it’s because that’s the law,” she said.

Santiago also reminds people that attorneys have to earn their fees. “They have to justify that they earned that money,” she said, addressing those considering paying attorneys to be on call.

Santiago noted that notario scams are re-emerging during this immigration crackdown. As the Los Angeles Times reportednotario scammers pose as immigration attorneys “to extract money from people who are confused about what a notary public does.”

Reopening closed immigration cases

As media outlets focus on workplace raids, Santiago said ICE is filing motions to “re-calendar” administratively closed immigration cases. This puts people back in removal proceedings.

What to know if your immigration case is reopened:

If an immigration case is administratively closed, “it doesn’t mean the case is gone. It just means it goes into a ‘sleep status’ where there’s no action on it, unless one of the sides reviews it and motions to put it back on the docket,” Santiago said. She added that she has a case that has just been revived after being closed for 11 years.

Notices for the revival of these cases typically go to the attorney on record, or to the last known address, Santiago said. If the person hasn’t updated their address with the court, they risk missing the date of their hearing and can end up with a deportation order, Santiago said. Same goes if they lose contact with their attorney, who may withdraw from the case.

“They’re sending [notices] by USPS mail in order to cut the response time for the attorney, who typically has 10 days to file a response,” Santiago said.

“It’s meant to have large consequences on individuals that used to be in proceedings that most of the time, their case went into ‘sleep mode’ because they were either going to file some other type of petition and they were low priority for deportation,” Santiago added.

Santiago recommends checking the status of your case by:

  • Going to the website of the Executive Office of Immigration Review, an agency within the Department of Justice that adjudicates immigration cases. The website is: https://acis.eoir.justice.gov/en/
  • Enter your “A” number, which is also known as an Alien Registration Number or USCIS number

Our approach to immigration coverage

At Boyle Heights Beat, we believe local journalism is a public service rooted in care, truth and accountability. In moments like these—when immigration enforcement brings fear, uncertainty and urgency—our mission is to inform, uplift and protect our community through accurate reporting, ethical storytelling and deep listening.

We know we can’t cover everything, but we remain committed to ongoing immigration coverage that reflects the needs and values of our community. We’ll be working closely with community organizations and residents on the ground to help verify information, respond to unfolding events, and ensure our reporting is responsible and informed by those most impacted.
Read more about those efforts here.

If you have a tip or a story that needs to be told, emaileditor@boyleheightsbeat.orgor reach us onInstagram. To support our reporting,donate here.

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