NASHVILLE, Tenn. (WTVF) — The Department of Homeland Security said 196 immigrants were arrested in Nashville in the last two weeks, with more than a third having no criminal record and no prior deportation.
"Undocumented immigrants should have the same constitutional rights as a U.S. citizen — the right to remain silent, the right to be protected in their home, the right to an attorney," said Doug Russo with Rose Immigration Law Firm.
According to officials, 95 detainees reportedly have prior criminal convictions or pending charges.
"It is a difficult situation because once they are detained. The cat's out of the bag. They know that these individuals cannot prove that they're lawfully present," Russo said.
I spoke with Russo who explained that once someone is detained, they have two options when it comes to trying to fight deportation, though both are difficult to achieve.
One option is filing habeas corpus, claiming the arrest was illegal and challenging the detention.
"It's a matter of do they have some form of relief? Or can they track it back to the initial stop and say, 'This person was detained unlawfully from the beginning,' and then get it tossed out?" Russo said.
Russo says there are also limited forms of relief like claiming asylum or asking the government to cancel deportation based on hardship to a U.S. citizen spouse or child.
As ICE arrests increase, Russo warns people must watch out for scammers who are taking advantage of fears by pretending to be lawyers and offering legal services.
According to the Washington Post, the number of immigration fraud complaints more than doubled from 2023 to 2024.
"We had gotten a call from somebody saying, 'Hey, we paid you $100 and you said that you were going to check on my relative in detention center.' And we never had any record of that person whatsoever, and we finally figured out that they had been scammed by somebody who was impersonating us," Russo said.
In this uncertain environment, Russo emphasized the importance of verifying who you hire for legal assistance.
"So, verifying that these people are in fact attorneys, or DOJ-accredited representatives through a nonprofit typically. And then any sort of red flag, like if something's too good to be true, it probably is," Russo said.
Click here to verify an attorney.
Do you have more information about this story? You can email me at Patsy.Montesinos@Newschannel5.com
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