In recent days, immigration agents on highways across America have arrested at least twenty Serbian truck drivers, causing great concern and fear in the Serbian community, especially in Chicago and its surroundings, where most of the arrested and their families live.
These families, as well as many of our people without American “papers,” are turning to lawyers for professional help. We sought answers to their questions in a conversation with one of the most renowned immigration attorneys from our region, Filip Čičevaliev, who has years of experience behind him.
At the start of his interview with Serbian Times, he emphasized that a large number of our people have been detained and that reports of new arrests keep coming in…
– I advise my clients who drive trucks that even if they have a valid work permit, they should not go on the road. They should stay put and try to find another job until the situation calms down. Conflicting information is coming in that people in pending processes and with valid work permits, and without criminal records, have been arrested and detained. My colleagues who work on detention cases confirm this.
This is all new, and no one knows the legal grounds for these arrests. The worst part is that nobody knows how long these federal agents’ actions will last. Be cautious even when walking on the street or driving a car, because you can be stopped for a broken light, an accent, or simply because you look different. In any case, I advise you to always carry the phone number of a lawyer who handles detention cases.
Čičevaliev adds that he advises those who seek his help, as well as his fellow attorneys, to try to get their clients released from detention as soon as possible through bail.
– This is very important if the arrested person is in procedures for a green card or asylum. The Trump administration ordered that courts resolve detention cases within 60 days, and non-detention cases within 365 days. When bail is granted, the court also issues an order that these people cannot be arrested again before the trial.
Otherwise, they will spend an indefinite amount of time in immigration detention, as the number of cases is enormous, while the number of judges has been reduced, which causes regular procedures to be postponed indefinitely. The problem is that, according to my information, authorities are reluctant to grant bail, so most of the arrested remain behind bars.
Our interlocutor admits that he is surprised by the latest developments, because, according to what he learned from colleagues, most of those detained are people who have the legal right to live and work in America.
– Those who entered and live in America illegally are always prepared for the worst, but in the latest raids, the people who suffered were mostly those with valid work permits, who are in the process of obtaining green cards, asylum, etc. The law guarantees these people the right to work and live in the U.S. while their cases are being processed. Otherwise, why would they be issued work permits? Out of 10 arrest cases reported to me, as many as 9 involved people my colleagues say had valid work permits and no criminal records, even though ICE agents stated they were targeting people with criminal backgrounds when Trump launched this wave of arrests and deportations, says Čičevaliev.
He advises all our people who are in legal procedures, and even those who have green cards, to be very cautious.
– This administration has completely changed the rules of the game, and cases that are pending are no longer treated the same way as before. Thus, in recent days, not only drivers with regular licenses operating small box trucks have been detained, but also those with CDL licenses, valid work permits, and green cards. I also warn green card holders with criminal records or serious traffic offenses (DUIs) to be extremely careful. The law may be on their side, but who knows how long it will take for your lawyers to enforce it. Living conditions in immigration detention, from what I’ve learned, are very harsh, and it is questionable how many people will have the strength, will, and patience to wait for a positive outcome, he said, adding that those whose asylum has already been granted are safe and not in danger.
For those who, for some reason, must travel or drive, immigration lawyer Filip Čičevaliev recommends carrying their documentation with them or organizing it beforehand and leaving it with a spouse, attorney, or trusted friend who can present it to federal institutions if necessary.
– U.S. Transportation Secretary Duffy announced that the DMV will, in the coming period, conduct checks on already issued driver’s licenses of all categories, especially CDLs, citing numerous abuses of the system. I wouldn’t be surprised if work permits were also reviewed and revoked for certain categories of immigrants. USCIS reported that in Minnesota about 1,000 cases were reviewed because people had submitted forged documents, entered fake marriages, or employers had falsely reported workers they didn’t know to secure work permits for them, etc. The “United for Ukraine” program is also under scrutiny after irregularities were found, such as one man who sponsored 100 Ukrainian refugees by himself.
When asked what chances our compatriots and others who were arrested but were not living in America illegally—i.e., they had valid work permits and were in the process of obtaining green cards, asylum, etc.—have in court, our interlocutor replied:
– The law is clear, and any attorney will be able to strongly argue against the government in such cases, because anyone in process with a valid work permit inherently has the right to live and work in the U.S. while awaiting the resolution of their case. Otherwise, why would they be issued a work permit? The only question is how long these trials will last and how many people will have the strength and patience to wait for their disputes to be resolved, especially if they have to spend long periods in immigration detention, concludes attorney Filip Čičevaliev.
Operation Midway Blitz
ICE agents, who after a decision by the Trump administration were deployed in large numbers across the American Midwest, launched “Operation Midway Blitz” just over two weeks ago, targeting numerous illegal immigrants.
The operation has caused major unrest in the immigrant community, with tensions peaking after the death of Silverio Villegas-Gonzalez, a 38-year-old immigrant from Mexico, who was shot by a federal officer after attempting to run him over with his car.
Although it was initially stated that ICE agents would arrest only illegal immigrants with criminal records in their home countries or those who had committed crimes in the U.S., it turned out that in the continuation of the operation, all illegal immigrants came under fire.
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Source: Serbian Times Foto: Mediji