A green card, work permit or pending immigration application does not give everyone the same protection from immigration enforcement, Filipino attorney Flomy Javier Diza warns in a video responding to questions from worried clients.
Diza said Immigration and Customs Enforcement operations in California and elsewhere have prompted inquiries from people unsure whether their documents protect them from arrest.
“Immigration status matters,” he said. “Not everyone has the same risk or legal protections.”
Diza, a partner at Reeves Immigration Law Group, supervises its San Francisco and Concord offices. A Philippines-trained lawyer, he is a California-certified specialist in immigration and nationality law whose work includes asylum, permanent residency applications and deportation defense.
In the video, he explains that undocumented immigrants, people who have overstayed their visas and lawful permanent residents with certain criminal or immigration issues may face enforcement.
Green card holders have significant legal protections, he said, but certain convictions, fraud or other immigration violations can create deportation risks.
“A pending asylum application, adjustment of status or other immigration application does not automatically protect you from arrest or removal,” Diza said.
He also distinguished employment authorization from immigration status. A valid employment authorization document, or EAD, permits its holder to work but does not necessarily establish lawful immigration status. USCIS issues these documents under several categories, including pending asylum and adjustment applications.
“Your protection depends on your specific immigration circumstances,” Diza said.
He noted that U.S. citizens cannot legally be deported under immigration law, although mistaken identification and wrongful detention can occur. Citizens have the right to establish their citizenship and challenge an unlawful detention, he said.
For people approached by agents, Diza advised staying calm, not running or resisting, and never lying or presenting false documents. He urged people to exercise their right to remain silent and request an immigration lawyer.
At home, agents generally cannot enter without consent, a valid judicial warrant or another lawful exception, he said. An ICE administrative warrant alone generally does not authorize forced entry — a distinction also emphasized by the ACLU of Northern California.
Diza recommended keeping immigration documents accessible, saving an attorney’s phone number and preparing an emergency family plan. People required to carry immigration registration documents should comply, he said.
Those with prior removal orders or criminal histories should seek individualized legal advice.
“An ICE arrest does not automatically mean deportation,” Diza said. “You have rights regardless of your immigration status.”
