[WSBAPT] Question re Immigration Law--SUMMARY OF ANSWERS

[Dave Culbertson]

Hi, Listmates.
Last week I asked a question about what documents might show that somebody had been deported, so that the Agent of a POA would have some ability to show Third Parties that their contingent authority had in fact sprung into being.
As always there was lots of useful info in the answers, and at least a couple of people inquired what I heard, so I'm packaging the info up here in case it is useful to others.


1.     The term of art for deportation is "removal" and the document showing deportation would be the "Final order of removal".

*       There is a process called "expedited removal," if someone has been here less than two years, and it would also produce a removal order.

*       Although it is possible that there is a Final Order but the individual has not in fact been deported yet. (Perhaps there is an appeal, or perhaps there is no country yet established to take the deportee, etc).


2.     The current problem is that there are other avenues than removal proceedings that might in practice amount to a removal / deportation but not leave a clear documentary trail:

*       Being denied reentry at a port of entry, which appears to be happening more from what I've heard. (I've at least had one long-time resident client being detained at the airport and sweated for a few hours).

*       Or, the administration using some illegitimate method like the Alien Enemies Act (that was what the Administration did back in March when it had the face-off with the federal courts and sent a couple of flights after a judge had ordered them stopped).


3.     Some answers suggested alternative docs or facts that might be useful to trigger a POA into effect:

*       Showing arrest or detention of the Principal of the POA by DHS. This is especially true because sometimes folks are detained for a long time before actual deportation occurs. A resource that might be helpful to show this would be: https://locator.ice.gov/odls/#/search

*       A written affidavit from a designated individual who could attest to the removal: often folks have adult kids who have citizenship, and wouldn't be deported (although that is often who is going to be the agent, so perhaps some other individual could be used so that the declaration isn't the agent vouching for themselves).

*       Perhaps the Principal themselves could attest to their status with a written declaration. That might have some practical difficulties if they are being sent to a third-country and detained-the El Salvador scenario, for example. But it would work for many, and perhaps they could even make it formal by getting it notarized at a US consulate.
So that is the summary, thanks to all for the answers. I'm sure they will be useful to others as well.


Best Regards,


Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796

dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>

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