Can an illegal immigrant go to family court without being reported to ICE? 7 Answers as of December 21, 2010

A friend is suing for joint custody of his child. Currently the mother only allows him to see the child once every three weeks. Up until now they have never involved the courts. My friend has no legal status in the U.S.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The answer to that is, it depends upon the state where your friend lives. If the state is like California, the court involved is not going to place an immigration hold on him unless there is a criminal matter or that involving domestic violence. If your friend is in such a circumstance, then he may be facing a notice of a possible Notice to Appear for possible removal from the U.S. Does he have any family (spouse, parent, child) who is depending on him for income and nurturance and support? Then there may be a way that I can help. Ask him to call or e-mail me to set up a consultation, by phone or in-person, if he would like and he is not represented by an attorney. Best to you and your friend.
Answer Applies to: California
Replied: 12/21/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
Yes. ICE does not monitor family court matters and does not use information as a means to locate undocumented immigrants for purposes of initiating removal or deportation proceedings.
Answer Applies to: California
Replied: 12/7/2010
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Yes. ICE does not, nor has it ever, to the best of my knowledge, monitored family court matters, nor used such information as a means to locate undocumented immigrants for purposes of initiating removal or deportation proceedings.
Answer Applies to: Massachusetts
Replied: 12/6/2010
The Purnell Law Firm
The Purnell Law Firm | Simon Purnell
You can always go to court but there is not guarantee you will not be reported to ICE. For example, the mother might report the illegal immigrant just to spite your friend. Of course, depending on the jurisdiction (Arizona comes to mind) there may be some informal policies of reporting the immigrant.
Answer Applies to: Texas
Replied: 12/3/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Family court has nothing to do with immigration matters. ICE will not be notified if an illegal immigrant immigrant goes to family court.
Answer Applies to: California
Replied: 12/3/2010
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