KNOW YOUR RIGHTS AS AN IMMIGRANT.

KNOW YOUR RIGHTS AS AN IMMIGRANT.

Part 1: What to do if confronted by ICE

By Christopher A. Kerosky

          Once again, Donald Trump has declared his intention to start raids against our immigrant communities.  Immigration and Customs Enforcement (“ICE”) has formulated a plan to find and deport thousands of immigrants, and announced that it will be implemented starting this weekend. 

I’ve written the detailed description below as a guide for immigrants as to their legal rights and remedies when confronted by ICE.  Para leer en espaňol: https://kpbinmigracion.blogspot.com/2019/07/conozca-sus-derechos-ante-el-servicio.html

Part 1 covers what to do if ICE comes to your home. Part 2 of this article covers what to do if ICE comes to your workplace or approaches you on the street.   Part 3 discusses what steps to take if ICE takes you into custody.

          At your house

          ICE can enter your home in three situations: (1) if they have a warrant; or (2) if you give them permission; or (3) they think there is presently a crime being committed in your home.  If ICE comes to your house and knocks on your door, you do not have to open the door or let them in. Typically, to legally enter your home, ICE must have a search warrant or arrest warrant with your name and address on it.  A warrant is an order signed by a judge to search a place and/or arrest a person. 

If ICE comes to your home, you should ask to see a warrant. ICE must show you the warrant. If the officials do not have a warrant, you do not have to let them in or speak to them at all.  However, if you give them permission to come in, then they can legally enter your home and search it.

         The right to remain silent

          Whether ICE comes to your house and knocks on your door, enters your workplace, or even questions you in jail, you have the right to remain silent.  In other words, you do not have to provide your citizenship information to Immigration Service officials. You can just indicate that you do not want to speak to them. 

          An immigration official may not request evidence of your immigration status in your home or another private place without a warrant. Even if they have a warrant, you must only provide proof of your immigration status if you are in legal status. After showing evidence of your status, you still have the right to remain silent.

         The right to speak to an attorney

         

          Once you have shown evidence of your legal status, if you have it, you do not have to talk to officers further – it is up to you. In most cases, you may be better off remaining silent and talking to a lawyer first, depending on your situation. This is your right under the law.  If the Immigration Service asks anything about your political and religious beliefs, groups you belong to or contribute to, things you have said, where you have traveled or other questions that do not seem right, you do not have to answer them.

HOW TO FIGHT YOUR DEPORTATION. Part One: What to do if you are arrested by ICE?

HOW TO FIGHT YOUR DEPORTATION.

Part One: What to do if you are arrested by ICE.

Yet again, Donald Trump has promised to start deportation raids against our immigrant communities.  It is important that people know they have the right to defend themselves and fight their deportation in court.  In many cases, it can result in an immigration judge deciding that the immigrant can stay in this country and even obtain permanent residence. However, if they accept their removal, they are typically barred from the U.S. for 10 years or more.

This series of articles will cover what an immigrant can do if they or their family member is arrested and put into deportation proceedings. 

Part 1: The Important Things to Know if you or your family member is taken by ICE.

Many people believe that if they are undocumented and arrested, then they have no choice but to go home.  That is simply not the case.  With skillful and thoughtful representation, many undocumented immigrants can successfully avoid deportation.

It is very important that undocumented immigrants and their families know what to do in this situation.  The important thing is not to sign any document which agrees to your deportation or voluntary departure.  Instead, get legal advice and it is very often the case that you can get bonded out of custody very soon.

How does one get a family member out of ICE custody once they’ve been taken? The answer to this question depends upon the situation.  The government is required to hold non-citizens in jail if they were convicted of certain very serious criminal charges.  If he was not convicted of any crime or if it was a misdemeanor crime, then usually the person can be “bonded” out of jail if the bond set by the court is paid.  The amount of the bond varies significantly depending upon the judge and the facts of the case.  The best thing is to get your relative out of jail, if you can, and then hire a lawyer to protect his rights in court. 

Even if the relative is bonded out of jail, he will be required to go to immigration court and explain to the judge will he should not be deported.  If you ignore the court case once he is bonded out, a deportation order will be issued by the court, the bond money will be lost, and he will probably lose any chance of ever becoming legal in the United States.

It is often possible to proceed with a claim for relief in court, such as cancellation of removal, asylum, adjustment of status, or other claims.  These arguments apply in many situations where the undocumented person arrested has family here legally or has been a victim of a crime, or a victim of domestic violence, or can prove that he would be harmed if he is returned to his home country. 

These will be covered in subsequent segments of this series.

JUDGE SAYS U.S. CANNOT JAIL ASYLUM SEEKERS INDEFINITELY

JUDGE SAYS U.S. CANNOT JAIL ASYLUM SEEKERS INDEFINITELY.  Today, a federal judge in Seattle blocked the Trump administration from denying bond hearings to asylum seekers.

US District Judge Marsha Pechman ruled that people who are detained after seeking asylum protection are entitled to bond hearings and the chance to be released from custody. "It is the finding of this Court that it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request," Pechman wrote.

The Justice Department announced a policy in April that some asylum seekers cannot be released on bond by immigration judge—even if they have already proven a credible fear of persecution in their home countries.  The policy would have effectively blocked immigration lawyers and immigrant rights advocates from asking judges to release detained asylum seekers on payment of a bond.

The judge ordered the Justice Department to resume bond hearings for asylum seekers within two weeks.