TNTs Being Arrested Even When LEAVING the U.S.

By Michael J. Gurfinkel, Esq.

The Los Angeles Times recently reported that the U.S. Customs and Border Protection (CBP) is not only catching illegal immigrants as they try to enter the U.S., but also those illegals attempting to leave the U.S.

CBP has set up checkpoints at various places along the U.S.- Mexican border and questioning people who are crossing the border from the U.S. to Mexico. If these people are determined to be illegal, they may be taken into custody (detained), while CBP makes a record of the fact that they were in the U.S. illegally, and were, at the time of being detained, attempting to leave the U.S. The record would include photo and fingerprints.

The Los Angeles Times article noted that CBP agents are sometimes pulling over every bus, van, and car heading for the Mexican border which CBP officers deem “suspicious”. CBP defends these actions as a way to screen people for criminal activity, and prevent an “escape” back to Mexico, so that they could be processed in the U.S. for their crimes. In addition, if persons had been determined to be in the U.S. illegally, then, when detained, they would be photographed and finger-printed, creating a permanent record for them. If they would later attempt to come back to the U.S., even under different names, that permanent record would come up.

I know that, for now, this screening of people leaving the U.S. is applied only at the U.S. Mexico borders. I cannot say if or when this policy could also be instituted at airports for people boarding airplanes trying to go back to the Philippines or other countries.

That is why it is so important that if you are out of status, you should seek the advice of a reputable attorney, who can evaluate your situation, and “be there” should you ever be in that unfortunate situation.