Can Decades in the U.S. Shield Someone from Deportation?

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ICE Detains Longtime Arizona Resident Under Expanded Expedited removal Policy, Raising Legal Concerns

PHOENIX, AZ – A longtime Arizona resident, identified as Co Tupul, is facing deportation under a recently expanded federal policy allowing for expedited removal of undocumented immigrants arrested anywhere in the United States, even those with deep roots in the community. The case highlights growing concerns about the aggressive implementation of these policies and potential overreach by immigration and Customs Enforcement (ICE).Tupul, who has lived in the U.S. for decades, was detained despite presenting substantial evidence of her long-term residency, lack of criminal record, and positive contributions to her community. This evidence included 16 signed affidavits from friends and family, and vaccination records dating back to 1996.

The shift in policy, enacted in January 2025 by then-acting Homeland Security Secretary Benjamine Huffman, broadened the geographic scope of expedited removal beyond the 100-mile border zone previously in effect. It also initially applied to those in the U.S. for less than two years, though legal experts suggest ICE is now challenging that timeframe.”First they expanded the geographical area, and now they seem to be challenging the two years,” stated immigration policy expert Godshall-Bennet.

What’s notably troubling in Tupul’s case is the reason cited by ICE for continuing with expedited removal proceedings: she declined to voluntarily disclose her immigration status during the initial arrest.

According to her attorney, Butler-Christensen, ICE officials are interpreting this silence as grounds to bypass standard deportation proceedings, despite the legal right of individuals to remain silent during an arrest.

“She doesn’t have to share that facts, and that I, as her lawyer, had supplied plenty of evidence to [ICE] regarding how long she had resided in Arizona,” Butler-Christensen explained in a declaration. Though, ICE officials reportedly refused to reconsider, with one stating, “what is the difference?”

An email from an ICE official confirmed this rationale: “Upon the administrative arrest of your client, she invoked her right to not make a statement. Based on this, officers processed her as an Expedited Removal.”

The consequences for Tupul’s family are immediate and severe. Her eldest son, Ricardo Ruiz, who shares household expenses with his mother, is now struggling to make ends meet. He described his mother as a dedicated worker and a law-abiding citizen.

“I just don’t think she deserves this,” Ruiz said.”No one does.”

The case has sparked outrage among advocates who argue that ICE is prioritizing speed over due process, and punishing individuals for exercising their constitutional rights. Tupul’s youngest sons recently started the new school year without their mother, a stark illustration of the human cost of these policies.

The situation underscores a growing trend of aggressive immigration enforcement and raises critical questions about the balance between national security and the rights of long-term residents. Archyde.com will continue to follow this case and report on the evolving landscape of immigration policy in the United States.

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ICE
Expedited Removal
Immigration
Arizona
Deportation
Due Process
Immigration Policy
Human Rights
Border security
Legal Challenges

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What factors beyond length of residency are critical in defending against deportation, as illustrated by the Cancellation of Removal process?

Understanding Long-Term Residency & Deportation Defense

Many individuals and families have built lives in the United States over decades, contributing to communities and establishing deep roots. A common question arises: can a long history of U.S. residency protect someone from deportation? The answer is complex and depends heavily on individual circumstances, immigration laws, and evolving legal precedents. Simply put,length of residency alone is not a guaranteed shield against removal proceedings.though, it can be a significant mitigating factor and open doors to various forms of immigration relief.

The Cancellation of removal for Non-Permanent Residents

One of the most crucial avenues for long-term residents facing deportation is Cancellation of Removal.this relief is available to non-permanent residents (those without a green card) who have lived continuously in the U.S. for at least 10 years.

Here’s a breakdown of the requirements:

Continuous Residence: demonstrating uninterrupted physical presence in the U.S. for a decade is paramount. Brief trips abroad may be permissible, but extended absences can jeopardize eligibility.

Good Moral Character: Applicants must prove they have been of “good moral character” for at least five years preceding the deportation hearing. This involves a review of criminal history, tax compliance, and overall conduct.

Extreme Hardship: This is the most challenging aspect. The individual must demonstrate that their deportation would cause “extreme hardship” to a qualifying relative – a U.S.citizen or lawful permanent resident spouse, parent, or child. Hardship can be emotional, financial, medical, or educational.

No Aggravated Felony: A conviction for an “aggravated felony” generally disqualifies an individual from Cancellation of Removal.

Waivers and the Impact of Family Ties

Even without meeting the requirements for Cancellation of Removal, long-term residents might potentially be eligible for deportation waivers. These waivers acknowledge the hardship caused by removal but require a showing of “extreme hardship” to qualifying relatives.

form I-601A (Provisional Unlawful Presence Waiver): This waiver is often used by individuals who entered the U.S. without inspection and have accrued unlawful presence. It allows them to apply for the waiver before departing the U.S. for an immigration interview.

Hardship Considerations: The U.S. Citizenship and Immigration Services (USCIS) will assess factors like the qualifying relative’s health, financial dependence on the applicant, and emotional ties. Evidence such as medical records, financial statements, and personal affidavits are crucial.

The Role of Criminal History in Deportation Cases

A criminal record significantly complicates deportation defense, even with decades of U.S. residency.

Deportable Offenses: certain crimes, even relatively minor ones, can trigger deportation proceedings. These include crimes involving moral turpitude,aggravated felonies,and drug offenses.

Aggravated Felonies: This category is notably broad and includes offenses that may not seem inherently serious. A conviction for an aggravated felony almost always leads to mandatory deportation.

Post-Conviction Relief: Seeking post-conviction relief (e.g., expungement, vacating a conviction) can sometimes help mitigate the deportation consequences of a criminal record.

Recent Trends & Germany’s Challenges (as of May 2025)

Recent reports, such as those from DW https://www.dw.com/en/the-complicated-matter-of-deportation/a-72563972, highlight the difficulties even countries within Europe face with deportation enforcement. This underscores the complexities of the process globally. Germany’s struggles, as reported, often stem from legal challenges, lack of cooperation from countries of origin, and logistical hurdles. While the U.S. system differs, it shares similar challenges regarding due process and the practical difficulties of removing long-term residents.

Case Study: Maria Rodriguez

Maria Rodriguez, a resident of California for 35 years, faced deportation due to a past conviction for shoplifting (later reclassified as a misdemeanor). She had no other criminal history and was the primary caregiver for her U.S. citizen daughter with a severe disability. Through diligent legal representation, she successfully argued for Cancellation of Removal, demonstrating the extreme hardship her deportation would cause her daughter. This case illustrates the importance of a strong legal defense and compelling evidence of hardship.

Practical Tips for Long-Term Residents Facing Deportation

Seek Legal Counsel promptly: Do not attempt to navigate the deportation process alone. An experienced immigration attorney can assess your case, identify potential defenses, and represent you in court.

* Gather Documentation: Collect any evidence that supports your claim, including proof of residency (rent receipts, utility bills, employment records), family ties (birth certificates, marriage certificates), and hardship (medical records, financial statements).