Know Your Rights-Nachman And Phulwani Zimovcak Law Group

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Posted By: Sangeeta June 27, 2019

REMEMBER: EVERYONE IN THE U.S. HAS CERTAIN RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION, REGARDLESS OF THEIR IMMIGRATION STATUS.
If you and your loved ones find yourselves affected by a raid, you can protect yourselves. Here are four key steps to remember, from the NPZ Law Group’s Know Your Right Card:
1. YOU DO NOT HAVE TO OPEN THE DOOR if an immigration agent is knocking on the door. If they have a judicial warrant to enter, they will not need your permission.
2. YOU DO NOT HAVE TO ANSWER ANY QUESTIONS from an immigration agent if they try to talk to you. You have the right to remain silent. If you do answer, do not lie.
3. DO NOT SIGN ANYTHING without first speaking to a lawyer. You have the right to speak with a lawyer.
4. If you are outside of your home, ask the agent if you are free to leave and if they say yes, leave calmly.
Right now, those who may be targeted by these ICE raids need your help to make sure they get this vital information about how to protect themselves and their loved ones.

Political Context

On November 8, 2016 Donald Trump was elected president of the United States. Mr. Trump has promised to enact harsh and unfair immigration policies, including increased enforcement efforts. Mr. Trump will not actually become president until January 20, 2017, and we will not know until after that time what he will do. This might mean:

  • More raids by immigration officers (ICE) and other targeted enforcement efforts
  • Programs that benefit immigrants, like DACA, may be terminated
  • It may be more difficult (or dangerous) to apply for immigration benefits
  • It may be more difficult to travel to the US from other countries

Regardless of what Mr. Trump has promised, there are some limits on what he can do.  All people living in the United States, regardless of immigration status, have certain rights and protections guaranteed by the Constitution.  These rights guarantee that you do not have to give information to police or immigration officials that might hurt you and protect you from unlawful invasion of your home by police or immigration officials.

Basic Rights

Right to Remain Silent

  • You always have the right to remain silent. Any information you give to police or immigration officials can be used against you.
  • If you are arrested by the police or ICE officers, tell them that you are exercising your right to remain silent and give them your Right to Remain Silent Card.  A copy of this card is in the Know Your Rights Guide that goes with this document.

Protection from illegal searches and arrests in your home

  • Police or immigration officers who come to your home looking to arrest someone they think lives there must have a WARRANT signed by a JUDGE . If the police or ICE officers come to your home, you must demand to see a court order before letting them in.
  • DO NOT OPEN YOUR DOOR or give them any information. Have them pass the court order under the door and verify that it is a valid court order. There are examples of a valid court order and an invalid order in the Know Your Rights Guide that accompanies this document.

Who is at risk of being arrested by ICE?

Anyone who is not a citizen of the United States must develop a security plan in the event of being arrested by ICE. Information on how to develop security plans is available in the Know Your Rights Guide that accompanies this document.

Anyone who is living in the United States without authorization (“undocumented”) is at risk of being deported. Some immigrants are more at risk than others. Some of those who are at higher risk are:

  • People who have prior deportation orders . Many people have deportation orders and may not even know it. If you were detained at the border or shown to immigration court, but never showed up, it is likely that you have a deportation order.
  • People who have been arrested . If you have ever been arrested and had your fingerprints taken, you are at higher risk for immigration enforcement.

Anyone who is not a US citizen should develop a Safety Plan in case they are arrested by ICE.  Information about how to develop Safety Plans is available in the Know Your Rights Guide that goes with this document.

What does it mean if I have an old deportation order? 

If you have a deportation order, or if you were previously deported and came back to the US without permission, ICE can deport you quickly and without the protections offered to people who do not have deportation orders . For example, if you have a deportation order against you, you do not usually have the right to fight your case in immigration court.

If you think you might have a deportation order, because you were supposed to go to immigration court but did not go, you can call the Immigration Court Hotline at 1-800-898-7180 to get information about your case. You will need to know your “Alien Number” Which will Begin with an “A” and be followed by Either 8 or 9 digits ( ex. 123-456-789 or “012-345-678”). The number will be on any documents you have ever received from immigration (like a letter, your work permit, your green card, etc.)

What if I’ve been arrested? 

If you have ever been arrested, you are at greater risk of being deported. Even if you have valid immigration status – such as a green card, TPS, or other status – your criminal history may be grounds for deportation. If you are undocumented, your arrest could make it a higher priority for deportation enforcement, including raids on your home or workplace. You should consult with an immigration attorney about your situation.

What do I do if a family member, friend, is arrested by ICE? 

First, get as much information as you can about what happened to the person. If you are in ICE detention, you can go online to www.locator.ice.gov to try to find out where you are. Once you know where you are, you can get contact information for the detention center at www.ice.gov/detention-facilities .

Will I automatically receive a lawyer if ICE is arrested?  

Unlike most criminal cases, the federal government will not provide you with an attorney for the immigration court. However, there are some organizations that help some people with immigration cases and there are private attorneys who offer you representation in the immigration court for a fee. Contact your CASA office for information on these organizations and lawyers. The CASA number is 301-431-4185.