After the new immigration laws of Donald Trump, many human rights organizations announced the protection of those who fell under the so-called instructions of the president.
Very often immigrants are not aware of their rights, so the organization immigrantdefenseproject.org decided to publish a special note.
It will help all visitors to protect themselves by observing US law. Employees of the Immigrant Defense Project are constantly monitoring the arrests of the Immigration and Customs Control Service (ICE).
Recall that the law allows the federal immigration services to submit for deportation the following groups of immigrants:
- people without legal immigration status;
- legal immigrants (holders of green cards, refugees and people with a valid visa), who were convicted for committing crimes.
The priority group of persons that is subject to deportation, according to the Trump Administration, includes:
- people who have an open criminal case and / or have been convicted for committing crimes;
- people who received a deportation order;
- those who illegally receive social benefits or have distorted the facts when filling immigration documents or questionnaires for benefits from the state;
- those who pose a threat to the public security of the United States.
10 IMPORTANT TIPS FROM MIGRATION SERVICE
The Plan of Action
- In case of arrest, create an action plan with your loved ones. Don’t apply for immigration services, change your immigration status or renew your green card, and don’t leave the US until you have consulted a lawyer.
Don’t break the law
- Be law-abiding. Remember that the police share information and fingerprints with immigration services.
Meeting with an officer on the street
- In public, ICE officers arrest quickly. They can call you by name, demand you to confirm the name and detain you.
- Before you say your name or anything, ask – DO I HAVE THE RIGHT TO LEAVE?
- If they answer YES, say that you don’t want to answer for a questions or say that you prefer not to talk now. And go away.
- If they answer NO. Use your right to remain silent. Say that you want to use the right to remain silent, and also that you want to speak with a lawyer.
- “If ICE officers start looking for you, tell them that you don’t agree to a rummage.”
- DON’T LIE, don’t show fake documents. Don’t run away and don’t resist when you are arrested.
- Don’t answer on questions about your immigration status or country of birth.
- ICE will use all the information against you. Don’t show any documents from other countries, such as: passports, consular papers, expired visas.
- If you are detained in court, ask them to talk to a lawyer before they take you away.
Take care of uninvited guests
- Be cautious: ICE officers can pretend that they are police officers who conduct some sort of investigation or want to discuss theft.
- If the ICE officers don’t have a search warrant signed by the judge, they don’t have the right to enter your home without your permission or permission from the adult tenant.
- If you open the door, it doesn’t give them the right to go without permission.
The officers came to your home
- It is important to find out what kind of service office came from: ICE or DHS.
- Try not to show concern. Be polite. Don’t lie. Say that you don’t want to talk now. Politely ask to show the search warrant signed by the judge, ask to pierce the warrant under the door. If they don’t have a warrant, don’t allow them to enter. If they are looking for someone else, ask them to leave your contact information. You shouldn’t talk about the location of the person they are looking for, but don’t lie to the officers either.
The officers were able to enter your house
- If in the house are children or dependent residents, tell the officers about it. Ask the officers to leave the house if they don’t have a search warrant signed by the judge. If they went inside without your permission, tell them that you don’t give permission to be in the house. Ask them to go out.
Your actions during the rummage
- If they begin to conduct a rummage, say that you don’t give permission for a rummage.
- If you are arrested, report any available medical problems, or the need to arrange childcare.
Rights of an arrested immigrant
- You have the right to remain silent. You have the right to talk to a lawyer. DON’T LIE. This will only aggravate the situation. You don’t have to tell where you were born, what your immigration status is, or what kind of offense you had. Ask for a meeting with a lawyer – instead of answering questions.
Documents and signatures
- You must not show your officers a passport or documents from the consulate if they don’t have a warrant from the judge. You don’t have to sign anything.
Seek legal advice
- You can find non-governmental organizations that provide inexpensive legal services on the website.
- Immigration courts make lists of lawyers and organizations that provide free legal services.
- On this site, you can find an available list of all legal services in your area.
- An immigration lawyer can be found through the online catalog of the American Bar Association on Immigration.
- The national immigration project of the National Guild of Lawyers also has its own online search tool for specialists.
Learn more about your rights. Read resources and rights booklets published by various organizations, for example, on the site the American Committee of Friends in the service of society.