Recently, Immigration and Customs Enforcement (ICE) arrested an immigrant who had joined the Hanover Park police force due to a 10-year visa overstay, an example of an instance where an overstay can negatively impact everyone, from employers to employees, through legal repercussions and enforcement actions.
If a visa overstay could negatively impact you in any way, consult an Illinois immigration attorney here at Cho Immigration Law by calling 312-853-3088.
Understanding Visa Overstay Laws and Enforcement in Illinois
On October 15, ICE arrested a police officer in Rolling Meadows who had overstayed his visa. The man, Radule Bojovic, was in the country on a B-2 visa, which expired in 2015, and had recently been sworn in as an officer with the Hanover Park police department.
Bojovic’s arrest is the second in recent months involving an officer with a local police department.
Illinois has laws regarding the enforcement of immigration law, including the ability to arrest and detain undocumented immigrants. More specifically, the Illinois TRUST Act prohibits local law enforcement officials from enforcing most civil immigration laws. Additionally, as of 2021, the Way Forward Act amended both the Illinois TRUST Act and the Voices of Immigrant Communities Empowering Survivors (VOICE) Act to place further restrictions on local law enforcement officials’ ability to detain individuals and cooperate with federal law enforcement.
Illinois law also mandates local law enforcement agencies to submit annual reports to the Attorney General to help ensure compliance with state law.
How a Visa Overstay Arrest Can Impact Employers and Government Agencies
Visa overstays don’t simply impact the arrestees; they can also affect employers and government agencies.
Impact on Employers
Employers could suffer from visa overstay arrests in several ways, such as:
- Worksite enforcement investigations from ICE and other agencies
- Debarment preventing them from receiving government-issued loans, contracts, and other forms of assistance
- Financial and criminal penalties, including steep fines and criminal charges
- Increased overall scrutiny that involves investigations into hiring practices and employment verification procedures
These issues are part of why immigration compliance for employers is essential when hiring new employees and ensuring they maintain their legal status throughout their employment.
Impact on Government Agencies
Government agencies might also experience Illinois visa overstay consequences. For example, government agencies might need to reallocate resources to compensate for the time and effort spent on locating and detaining individuals with visa overstays.
Protecting Workers and Organizations When Immigration Compliance Issues Arise
If a worker experiences a visa overstay or employers fail to comply with Illinois or federal immigration laws, an employment immigration lawyer may be able to provide assistance.
There are several benefits of working with the right lawyer to help handle a visa overstay or another immigration matter, such as:
Determining Other Options Available
If individuals overstay their visa, an immigration lawyer could help with legal residency or other options to help prevent them from facing removal and deportation.
For example, it might be possible to apply for an adjustment of status (AOS) if you are an immediate relative of a U.S. citizen, provided you entered the U.S. legally. In these instances, you might be able to gain lawful permanent resident (LPR) status even if you overstay your visa.
You may also be able to remain in the country if you qualify for asylum and returning to your country of origin would make you vulnerable to discrimination and harm due to protected characteristics, such as race or religion.
Reopening a Closed Case
Even if government officials make a final decision, there may be grounds to reopen an immigration case.
For instance, an attorney could determine that there were certain errors during the detention process that led to wrongful removal and deportation.
Maintaining Business Compliance
As an employer, you must remain compliant with all federal, state, and local laws regarding immigration. A lawyer could help you ensure that you comply with these laws through careful and thorough hiring and verification, mitigating the risk of hiring or retaining employees who have overstayed their visa.
Paving the Path to Citizenship
If you are able to remain in the country lawfully, and you qualify for U.S. or dual citizenship, an immigration lawyer may also be able to help you navigate naturalization. There may be barriers to citizenship that the right attorney may be able to overcome, such as costly naturalization fees or legal issues regarding your country of origin.
It helps to have an experienced attorney by your side in many instances if you face Illinois visa overstay consequences. Here at Cho Immigration Law, we work to understand each client’s situation and needs to provide the best representation available. Contact us today to speak with one of our attorneys in Chicago and discuss your unique legal requirements.
FAQs About Visa Overstays
What happens when someone is arrested for a visa overstay in Illinois?
Individuals who are arrested for visa overstays in Illinois face consequences, including initial arrest and detention under ICE, potentially leading to removal proceedings and deportation, along with repercussions for employers who hired them in some cases.
How can a visa overstay incident affect employers or government agencies?
Visa overstays can impact both employers and government agencies in various ways. For example, employers could face financial penalties in the form of steep fines, increased scrutiny among employees, and civil or criminal charges. Meanwhile, government agencies experience strained resources, the need for increased enforcement, and difficulties tracking overstays.
What steps should workers take if they fear they may be out of status?
If immigrant workers believe their visa has expired, they may be able to take certain steps to avoid detention and deportation. Specifically, they should seek guidance from an Illinois immigration attorney who could help determine whether they are out of status and the options available to them to maintain lawful status within the country.
