ICE Enforcement Series (6): Masseuse Sent to Immigration Detention

In the Chinese community in the United States, the illegal massage industry and massage parlors have become a sizable sector, with some massage establishments suspected of engaging in illegal sexual transactions, sparking concern. Take Flushing as an example, near Roosevelt Avenue, the intersection of 41st Street, and the Long Island Railroad station, one can often see middle-aged women dressed up in heavy makeup standing on the roadside soliciting customers. This phenomenon reflects the presence of an underground industry chain, with many practitioners coming from China.

For many years, the United States, out of humanitarian spirit, has considered massage women (prostitutes) as “victims,” allowing them to cooperate with the police after being arrested, accusing their pimps. Consequently, these massage women have transformed into “victims” of human trafficking, thereby applying for special crime victim visas such as the T visa or the U visa.

However, things are different now. In recent crackdowns on massage women, many have been directly taken into immigration detention by ICE, entering the “expedited removal process,” and if convicted, they may soon be deported back to their home countries.

The law firm of Susan Qin in New York has recently received several such cases. One individual was arrested in Miami, Florida, and is now being held in immigration detention.

“Their charges are prostitution and providing massages without a license, the former being a misdemeanor and the latter a serious offense,” said Manager Wang of the law firm. “Previously, they could easily become ‘victims’ and cooperate with the police to obtain U visas or T visas, making the identity of a ‘massage woman’ a fast track to gaining legal status, but not anymore.”

ICE did not used to care about these massage women, as arresting them was on a case-by-case basis. However, in instances of massage women being arrested now, ICE will always take them away to immigration detention.

“Regardless of whether you entered with a visa, overstayed a B1/B2 tourist visa, or have asylum and a work permit… as long as you face criminal charges, you are a target for ICE arrest,” Manager Wang said. “The situation is now very different, as massage women did not used to go to immigration detention before.”

However, because the massage parlors here owned by Chinese individuals often engage in actions belonging to “human trafficking,” such as confiscating the passports of massage women and imprisoning them within the massage parlor, these massage women truly become “victims.”

Due to these reasons, Manager Wang notes that in the case of the massage women arrested in Florida last time, most of them were released, with only a few sent to immigration detention. Law firms dealing with massage women cases usually have to help them transition into “victims,” cooperate with federal authorities as witnesses, and apply for relevant visas.

Manager Wang mentioned that their law firm recently received a unique case. A Chinese man who had served 10 years in prison for drug trafficking in the past is now a green card holder, with a wife who is a U.S. citizen.

According to the law, this person has to report annually to the police station after being released. For years, he dutifully complied without any issues. However, not long ago, when he went to a government office, he was met by ICE officials. He is currently being held in immigration detention.

“Logically, this person is in New York, where the police should not cooperate with ICE, but somehow ICE obtained his information and waited for him at the police station,” Manager Wang said. “At the moment, all we can do is attempt to bail him out, fortunately, his immediate family members are U.S. citizens; then we have to wait. If he is not convicted, he may be bailed out; if convicted, he will follow the process and be sent away, luckily we can still go through legal procedures.”