New York, NY asked in Immigration Law for New York

Q: I am a permanent Resident of the USA. Am I allowed to write a letter of recommendation for a person who is detained

This person is scheduled to be ordained as a Priest this upcoming 4/27. He was at a Citizenship hearing but forgot a required paper . He was not allowed to leave to obtain the missing document and was detained by ICE. My Church is trying to help and has asked to right recommendation letters. Can I get in trouble myself for writing this letter?

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2 Lawyer Answers

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. This sounds a bit more complicated than failing to bring in a document. Usually, people are taken into custody because they are deportable or were ordered deported. It is unclear whether the letter will be of much help. If the person is represented by a competent and experienced immigration attorney, then find out why the letter is needed and for what purpose.

You may not get into any trouble, but the effort may prove useless to an ICE unless there is some other purpose for the letter. A person needs more than recommendation letters, when subject to detention. One issue may be good moral character in that they are likely to appear in immigration court, where a judge is deciding whether to approve or deny bond. Again, find out from the attorney, if there is an attorney, what is needed, so that the letter has some meaning to the CBP or the DHS. Good luck.

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: There are a few typos. ICE should be followed by "Attorney." Also, Replace CBP with Department of Justice, because the Immigration Courts are controlled by the Attorney General. The CBP controls the borders and the airports. ICE controls enforcement in the interior of the U.S., so your acquaintance is likely in jail due to ICE action.

The above is general information, not legal advice and does not create an attorney client relationship.

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