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Houston immigration attorney: Here’s what to do if ICE stops you

Attorney urges calm, preparation when stopped by immigration agents

The fatal ICE shooting of Lorenzo Salgado Araujo on Canal Street in Houston’s East End has sparked widespread questions about immigration enforcement and what people should do if they encounter federal agents. – The fatal shooting of Lorenzo Salgado Araujo by ICE agents in east Houston this week left many in the city’s immigrant community shaken, and with questions.

Salgado Araujo, a Mexican national whose family said had lived in Houston for more than 30 years, was shot Tuesday morning while taking his work crew to a construction site. ICE says he rammed one of their vehicles and attempted to run over an agent with his van. His family says he was simply a hardworking family man trying to provide for those he loved.

RELATED: Harris County District Attorney will investigate ICE shooting but cautions the feds control access to evidence

In the days since, we’ve gotten a lot of questions on our social media pages: What are your rights if ICE stops you? Can agents be required to identify themselves? And how can someone live in this country for decades and still not have legal status?

To answer some of the most common questions you asked, we spoke with Houston immigration attorney Ruby Powers.

RELATED: Mexico to request criminal charges over deaths following fatal shooting of Houston man by ICE agents

What should you do if an unmarked vehicle tries to pull you over?

Powers says you do not necessarily have to stop immediately if an unmarked vehicle attempts to pull you over and you’re unsure who is behind the wheel.

Instead, she recommends:

  • Slow down and turn on your hazard lights.
  • Drive to a well-lit, public location.
  • Call 911 and report that an unmarked vehicle is following you.
  • Document the situation if it’s safe to do so.
  • Avoid speeding away or escalating the encounter.

Once stopped, Powers says you can ask the individuals to identify themselves.

“Don’t flee in a high speed, don’t try to escalate the situation, and once stopped, ask for identification,” Powers said.

RELATED: Hundreds march in Houston, demanding justice after ICE shoots, kills Lorenzo Salgado Araujo

Do ICE agents have to identify themselves?

According to Powers, officers generally should identify themselves during an enforcement encounter.

She also notes there have been reports of people impersonating ICE officers to scam or extort victims.

If it is safe, she recommends asking to see official credentials and documenting as much information as possible, including:

  • Badge numbers
  • Agency identification
  • Vehicle license plate numbers

“In a safe environment, I would request to see the credentials so that you can verify who they are,” Powers said.

Why can an immigration case take decades?

One question viewers repeatedly asked is how someone could live in the United States for decades while still going through the immigration process.

Powers says the answer depends entirely on the type of immigration case.

Some examples include:

  • Family-based petitions: A U.S. citizen petitioning for a sibling from Mexico can face waits of roughly 25 years because of visa backlogs.
  • Asylum cases: Some applicants wait eight or nine years just to receive an asylum interview.
  • Immigration court: Cases can remain pending for more than a decade before receiving a final decision.

“It depends on what process we’re talking about,” Powers said.

Can someone legally stay in the U.S. while waiting on an immigration case?

Again, Powers says it depends on the type of case.

Some people are legally allowed to remain in the United States while their cases are pending, including:

  • People seeking affirmative asylum.
  • People in defensive asylum proceedings before an immigration judge.
  • Certain crime victims applying for U visas.

However, that’s not true for every immigration process.

For example, someone waiting overseas for a family-sponsored sibling visa generally cannot legally remain in the United States unless they qualify under another immigration status or legal provision.

RELATED: Whitmire says Houston has no authority to investigate after ICE shoots, kills Lorenzo Salgado Araujo

Key takeaway

As immigration enforcement activity continues to draw attention, Powers says preparation is critical.

She encourages immigrants and their families to:

  • Keep important immigration documents organized.
  • Identify an immigration attorney they trust before an emergency.
  • Have a family plan in place in case of an enforcement encounter.

Having those steps completed ahead of time, she says, can make it easier to respond calmly if an unexpected situation arises.