Advice for Increased Immigration Enforcement
By: Lily Axelrod
Reports of raids across the country in the last few days are disturbing, but nothing new. Don’t panic — know where you stand and make a plan. Here’s what to do to prepare for increased immigration enforcement in the Trump era.
- Know your status and your options.
If you are in the US without status, you need to be proactive to know exactly where you stand and what rights you will have if you are arrested by ICE. Each case is different, and your options and risk will depend on your immigration history, your family members’ status, and your criminal history.
You might have an old removal order and be unaware of it – or maybe you’re eligible to apply for a green card, and you didn’t know that either! Gather all your paperwork and speak with an experienced immigration attorney to find out what your risk is, what your options are, and if there’s anything you can do now to protect yourself.
You’ll also want to ask the lawyer whether you will be eligible for bond if you are arrested, and an estimate of how much the bond will be, so that you and your family can put aside money to get you out of jail as soon as possible.
If you’ve ever been arrested, don’t assume that “it’s ok because I paid the fine” or “the judge said my record would be clean once I finished my probation.” A criminal record can hurt you with immigration, even if it’s an old case for a minor offense, and even if you never spent a day in jail. A good immigration lawyer will explain how your criminal record will affect you, and may be able to recommend an experienced criminal defense lawyer to see if there are post-conviction options to reduce your risk.
- If ICE comes to your home:
ICE agents sometimes try to enter people’s homes, where they search and question multiple people and may arrest entire families. However, it is illegal for them to come into a private home without permission unless they have a warrant signed by a judge (not just signed by an immigration officer). If someone knocks, speak to them through the door and do not open the door. Calmly and politely ask “do you have a warrant? Please slip it under the door.”
ICE usually does not have a warrant at all, and if they do have a warrant, it is usually only an arrest warrant for a person and not a judicial warrant that lets them enter a house without permission.
- If you see ICE agents on the street or at work:
Because they don’t have the power to enter your home, ICE agents often wait outside people’s homes or workplaces on the street, and try to approach them in public.
Walk away calmly, if you can. If you cannot, refuse to answer any questions except for your name. Don’t tell the officer where you’re from or show them any foreign documents (like a passport or Mexican “matricula”). If you’re arrested, continue to remain silent and politely ask to speak to a lawyer. If you’re not sure whether you’re free to go, calmly ask “am I under arrest?”
ICE will often try to trick you into talking to them by pretending they want your help to find a dangerous fugitive. They might even show you a picture or ask for someone by name. Politely refuse to answer their questions, or say “I don’t know” and walk away.
- Make a plan.
Memorize important phone numbers like family members and your lawyer’s office. Have a plan for who is going to take care of your children if you don’t come home. Keep your papers organized and leave copies with your lawyer or a trusted family member or friend.
If you are eligible for a bond hearing, a lawyer will need quick access to personal documents to show the judge that you are not a danger to the community. Make sure your lawyer or someone who can hire a lawyer for you has easy access to: any criminal documents, evidence of citizenship status or immigration status of your family members, contact information for your employer and place of worship, medical records anyone in your household with an issue or disability, your deed or mortgage papers if you own a home, etc.
- If you are arrested:
Call a family member and your lawyer, and make sure they know your “A number” (the letter A followed by 9 digits). This will allow them to find you in detention.
Do NOT sign anything, even if an official promises it will help you get out of detention earlier.
If ICE does not immediately set a bond for you, ask for a hearing in front of a judge. Most people are entitled to ask a judge to set a reasonable bond, unless they have been ordered removed before, have certain criminal convictions, or have recently entered the United States.
- Beware of notarios.
In Latin America and in other civil law countries, a “notario” or “notary” is like a lawyer, and has the training to file applications with the government. However, in the United States, a notary does not have the training to give any legal advice, and it is illegal for a notary to help with immigration applications. Notarios take advantage of people’s fear and ignorance. At best, they waste your time and money. At worst, they can put you in danger and make it much more expensive and complicated for you to fix your status in the future.
When consulting someone for immigration advice, make sure that the person is a licensed attorney specializing in immigration law.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.