Suffolk County Deportation Lawyer: Fighting Removal in Long Island

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

Suffolk County Deportation Lawyer: Fighting Removal in Long Island

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 throughout Long Island. You might know us from the Anna Delvey case that became a Netflix series, or our representation in the Ghislaine Maxwell juror matter. You received a Notice to Appear and you’re facing removal proceedings in Suffolk County – or ICE arrested you or a family member and you need to understand what happens next. This article covers Suffolk County’s approach to ICE enforcement, defensive asylum applications in removal proceedings, how immigration court works, and what defenses can stop your deportation.

Suffolk County Didn’t Sign 287(g) – But ICE Still Operates Here

Unlike Nassau County – which signed the most aggressive ICE cooperation agreement in New York – Suffolk County didn’t enter into a 287(g) agreement. Suffolk police don’t actively help ICE with immigration enforcement, and they don’t question people about citizenship status during routine police interactions.

But that doesn’t mean you’re safe from ICE in Suffolk County. Federal agents operate independently throughout Long Island without needing local police cooperation. ICE’s New York City Field Office covers Suffolk County along with Nassau, the five boroughs, and several other counties. ICE arrested 992 people in New York – 49% of all immigration arrests this year – for civil immigration violations.

Suffolk County is actually facing a $60 million liability judgment related to 650 people detained by the Suffolk County Sheriff’s Office at ICE’s request between 2014 and 2018. A January 2025 federal court decision held Suffolk County liable because a 2018 New York appellate court ruled that Suffolk Sheriff lacked authority to detain prisoners pursuant to ICE detainers and administrative warrants.

The lawsuit shows Suffolk County used to cooperate with ICE extensively – even though they didn’t have legal authority to do so. They’ve stopped honoring ICE detainer requests since the 2018 ruling, but ICE still arrests people in Suffolk County through their own operations.

Defensive Asylum When You’re Already In Removal Proceedings

If you’re in removal proceedings and you fear persecution in your home country – you can apply for defensive asylum by filing Form I-589 with the immigration court. This is different from affirmative asylum where you apply to USCIS before being placed in removal proceedings.

You must file within one year of arriving in the United States, unless you can prove extraordinary circumstances or changed country conditions that explain the delay. The one-year deadline is strict – immigration judges deny asylum applications solely because they were filed late, even when the applicant has a strong persecution claim.

Starting September 23, 2025, defensive asylum applications filed with immigration court require a $100 filing fee paid through the EOIR portal. This is new – asylum applications were previously free. The fee applies whether you’re filing a new application or already have one pending.

Immigration courts face a backlog of over 3.7 million open removal cases as of January 2025, with 1.4 million defensive asylum applications pending. Your case will take months or years to reach a final hearing depending on which immigration court handles your case and how backlogged their docket is.

Starting in April 2025, immigration judges can deny asylum without holding an individual hearing in some cases. This policy change allows judges to issue decisions based on written filings alone when they determine the applicant doesn’t have a viable asylum claim.

How Immigration Court Works For Suffolk County Cases

Immigration court hearings for non-detained Suffolk County residents typically occur at Federal Plaza Immigration Court in Manhattan. If you’re detained – your hearings happen at the Varick Street immigration court in Manhattan, which handles detained dockets.

Your first hearing is a master calendar hearing – a short proceeding where the judge confirms you received the charges in the Notice to Appear, asks if you admit or deny the allegations, and determines what relief you’re seeking. Multiple cases are scheduled at the same time slot, so you’ll wait while the judge processes other cases before yours.

At the master calendar hearing, you need to tell the judge what defenses you’re pursuing – asylum, cancellation of removal, adjustment of status through a family petition, or whatever applies to your situation. The judge sets a deadline for filing applications and evidence, then schedules your individual hearing.

The individual hearing is your trial. The government attorney presents evidence showing you’re removable, you present evidence supporting your defense, witnesses testify if needed, and the judge issues a decision either granting your relief or ordering your removal. Individual hearings can last hours or multiple days depending on case complexity.

If the judge orders removal – you have 30 days to appeal to the Board of Immigration Appeals. The BIA reviews the immigration judge’s decision for legal or factual errors, but they don’t hold new hearings or accept new evidence. Most BIA appeals take 12 to 18 months for a decision.

Common Defenses Against Deportation In Suffolk County Cases

Asylum protects people who were persecuted or fear future persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You need evidence documenting the persecution – police reports, medical records, affidavits from witnesses, country condition reports showing the government can’t or won’t protect you.

Cancellation of removal for non-permanent residents requires 10 years continuous physical presence in the United States, good moral character, and proof that removing you would cause exceptional and extremely unusual hardship to your U.S. citizen or permanent resident spouse, parent, or child. The standard is high – normal hardship like family separation or financial difficulty isn’t enough.

Adjustment of status through a family petition works when you have an approved I-130 from a U.S. citizen spouse, parent, or adult child, and your priority date is current. You must have entered the United States lawfully – if you entered without inspection, you typically can’t adjust status unless you qualify for 245(i) based on a petition filed before April 30, 2001.

Withholding of removal and CAT protection are backup options when you don’t qualify for asylum. Withholding prevents deportation to a specific country where your life or freedom would be threatened, but doesn’t give you a path to a green card. Convention Against Torture protection applies when you’d more likely than not face torture if returned to your country, regardless of the reason.

What Happens If You Lose Your Deportation Case

When an immigration judge orders removal and you don’t appeal – or you appeal and the BIA affirms the removal order – ICE schedules your deportation. They issue a travel document from your country’s consulate, book a flight, and physically escort you to the airport for deportation.

Some people abscond instead of reporting for deportation – they move without telling ICE, change phone numbers, and try to avoid detection. This results in an in absentia removal order, makes you a fugitive, and destroys any chance of getting legal status in the future. If ICE finds you years later – you’ll be deported immediately with no new hearing.

Voluntary departure is sometimes available as an alternative to removal. The judge allows you to leave the United States at your own expense within a set time period – typically 60 to 120 days. If you leave as ordered, you avoid a formal removal order on your record, which makes it easier to apply for visas or legal status in the future. If you don’t leave during the voluntary departure period – it converts to a removal order and you face a 10-year bar.

Why You Need A Deportation Defense Attorney In Suffolk County

Deportation cases are complex and the consequences are permanent. Our immigration attorneys handle removal proceedings in immigration courts throughout New York – including defensive asylum applications, cancellation of removal, adjustment of status, and appeals to the Board of Immigration Appeals and federal courts.

Todd Spodek grew up in Brooklyn working for his father’s law firm before attending Northeastern University and Pace Law School. Our law firm has handled thousands of immigration cases since 1976 – including 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 in Suffolk County, if you have an upcoming master calendar hearing or individual hearing, if the immigration judge denied your case and you need to appeal – contact our immigration attorneys immediately. We’re available 24/7 at our offices throughout NYC and Long Island.