Long Island Deportation Defense: Your Rights and Legal Options

Last Updated on: 11th October 2025, 11:05 am

Long Island Deportation Defense: Your Rights and Legal Options

Thanks for visiting Spodek Law Group. We’re a second-generation immigration law firm managed by Todd Spodek – with over 40 years of combined experience handling deportation defense cases. You might know us from representing Anna Delvey in the case that became a Netflix series, or our work on the Ghislaine Maxwell juror matter. You’re here because you’re facing deportation in Long Island – or you’re worried about ICE arresting you in Nassau or Suffolk County. This article covers what’s happening with ICE enforcement on Long Island in 2025, your legal defenses against deportation, and what rights you actually have.

Nassau County Is Working Directly With ICE – Suffolk County Isn’t

Over 1,600 people were arrested by ICE agents across Long Island since President Trump took office in 2025. Nassau County signed a 287(g) agreement with ICE – giving deputized Nassau police officers authority to question residents about citizenship status and make immigration arrests without a judicial warrant.

This is the most expansive type of agreement local law enforcement can make with ICE. Nassau police can now enforce federal immigration law directly – which means a traffic stop in Nassau County can turn into an ICE detention if the officer suspects you’re undocumented. Over half of ICE detainees held in Nassau County jails between January and July 2025 had no criminal charges or convictions – they were arrested purely for immigration violations.

The NYCLU and Latino Justice sued Nassau County arguing the agreement violates New York state law. A 2018 appellate court ruling said law enforcement officers don’t have authority to enforce civil immigration law – and that ruling remains the law in New York. The lawsuit is ongoing, but Nassau police continue operating under the ICE agreement while the case proceeds.

Suffolk County hasn’t signed a 287(g) agreement – but ICE still operates there independently. Federal agents don’t need local police cooperation to make arrests, they can conduct their own operations anywhere. The difference is Suffolk police won’t actively help ICE, while Nassau police will.

Immigrants in Nassau County have stopped reporting crimes – including domestic violence and child abuse, because they’re afraid Nassau police will detain them or their family members for immigration violations. This creates a dangerous situation where criminals know victims won’t call police.

Cancellation of Removal Can Stop Your Deportation – If You Qualify

Cancellation of removal is a form of relief that stops deportation and gives you a green card – but you must meet strict requirements and convince an immigration judge to grant it.

For non-permanent residents – you need 10 years of continuous physical presence in the United States, good moral character during those 10 years, and proof that your deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child. Exceptional and extremely unusual hardship is a very high standard – it’s more than just “my family will miss me” or “my kids will have financial problems.” Immigration judges want to see evidence of severe medical conditions, special needs children who depend on you, or other extreme circumstances.

Congress caps cancellation of removal at 4,000 grants per year – which means even if the judge wants to approve your case, you might wait years for your priority number to become current. The backlog for cancellation approvals is growing as more people apply and the annual cap stays the same.

Your qualifying child must be under 21 at the time the judge issues the final cancellation grant – not just when you apply. If your case takes 3 years to finish and your child turns 21 during that time – you lose eligibility even though you qualified when you filed.

Criminal convictions destroy most cancellation cases. DUI, domestic violence, drug possession, theft – any significant misdemeanor or felony can make you ineligible. Even if the conviction doesn’t technically disqualify you – judges consider criminal history when deciding whether to grant relief in their discretion.

For lawful permanent residents facing deportation – the requirements are different. You need 5 years as a green card holder, 7 years of continuous residence after being admitted in any status, and no aggravated felony convictions. LPR cancellation doesn’t require proving hardship to family members, but it’s still discretionary and judges can deny it.

Bond Hearings Got Harder in 2025 – But You Should Still Request One

ICE’s acting director instructed officers in 2025 to hold immigrants who entered illegally “for the duration of their removal proceedings” – which can take months or years. Previously, immigrants could request bond hearings before an immigration judge who would decide if they’re flight risks. Under the new policy – ICE claims people who entered without inspection aren’t eligible for bond hearings at all.

Your only option for release under this policy is asking ICE to “parole” you out of custody – which is entirely at ICE’s discretion. Immigration judges can’t force ICE to release you if ICE says you’re ineligible for bond.

That said – you should still request a bond hearing even if ICE denies eligibility. Immigration judges still have authority to disagree with ICE’s legal arguments, and the policy is being challenged in court. Some judges are granting bond hearings despite the new policy, depending on the specific facts of your case and how you entered the country.

If you’re detained – request a bond hearing immediately through your immigration attorney. There’s no filing fee, and the request should include your full name, A-number, the bond amount ICE set (if any), and your detention facility location. At the bond hearing – the judge considers whether you’re a flight risk, whether you’re a danger to the community, and whether releasing you poses a national security threat.

If ICE denies your bond hearing request – file a request for parole based on humanitarian reasons or significant public benefit. Document any medical conditions, mental health issues, family emergencies, or other compelling circumstances that justify release. ICE is more likely to grant parole for people with serious health problems or who are primary caregivers for U.S. citizen children with special needs.

Your Rights During ICE Encounters in Long Island

If ICE comes to your home – you don’t have to open the door unless they have a judicial warrant signed by a judge. An administrative warrant signed by an ICE officer is not enough to enter your home without your consent. Ask them to slide the warrant under the door so you can inspect it. If it’s not signed by a judge – tell them you’re exercising your right to remain silent and you don’t consent to their entry.

If ICE stops you in public – you have the right to remain silent. Don’t answer questions about where you were born, your immigration status, or how you entered the country. Give your name if asked, but nothing else. Say “I am exercising my right to remain silent and I want to speak to my attorney.”

Don’t carry fake documents or documents from another country claiming you’re a citizen if you’re not – this makes your immigration case much worse. Don’t lie about your citizenship – if ICE catches you lying, you can be permanently barred from ever getting legal status in the United States.

If you’re arrested by ICE – you have the right to contact your consulate and the right to hire an attorney. You don’t get a free attorney in immigration court like you would in criminal court, but you have the right to hire one at your own expense. Don’t sign anything without talking to an immigration attorney first – including voluntary departure forms or stipulated removal orders.

Why You Need A Deportation Defense Attorney in Long Island

Deportation cases are complex – especially in Long Island where Nassau County is actively cooperating with ICE and enforcement has intensified dramatically in 2025. Our immigration attorneys handle cancellation of removal applications, bond hearings, asylum claims, and other deportation defenses in immigration courts throughout New York.

Todd Spodek grew up in Brooklyn working for his father’s law firm – learning immigration and criminal defense law as a second-generation attorney before attending Northeastern University and Pace Law School. Our immigration attorneys have handled thousands of cases since 1976 – including high-profile cases featured in major media outlets, like the New York Post, Newsweek, and Bloomberg.

If you received a Notice to Appear, if ICE arrested you or a family member, if you’re detained and need a bond hearing – contact our immigration attorneys immediately. We’re available 24/7 at our offices throughout NYC and Long Island.