• Usted tiene derecho a permanecer en silencio. Si desea ejercer ese derecho, dígalo en voz alta.
“I Want to remain silent.”
• Usted tiene el derecho de negarse a dar su consentimiento a una búsqueda de usted mismo, su automóvil o su hogar.
“I do not consent to a search.”
• Si no está bajo arresto, tiene el derecho de salir tranquilamente.
“Am I under arrest?”
• Tiene derecho a un abogado si es arrestado.
“I want to call a lawyer”
• Independientemente de su estado de inmigración o ciudadanía, usted tiene derechos constitucionales. Ejercer esos derechos.
· Stay calm and be polite.
· Prepare yourself and your family in case you are arrested. Have back up person to care for young children or pick them up from school. Memorize the phone numbers of your family members
· You have the right to a lawyer. Tell ICE that you want to call your lawyer You have the right to contact your consulate or have an officer inform the consulate of your arrest.
“Notice to Appear” in Immigration Court or if you have been given an “Immigration Hold” while in custody, you need to contact a lawyer as soon as possible. Experienced lawyers know various ways of defending you against deportation. Some of these ways are described here:
1. Asylum, Withholding and CAT: If you fear that you are in danger in your home country, you may qualify for relief from removal based on asylum or other related grounds.
2. Cancellation of Removal (for LPRs): If you have a green card but have committed a crime or otherwise have been placed into removal proceedings, find a lawyer immediately. You may qualify for Cancellation of Removal. The criteria are difficult to meet, but they include the following three basic requirements: (1) living in the US for 7 years since being legally admitted; (2) living for 5 years with permanent residence (green card) before committing a crime or getting into removal proceedings; and (3) never having been convicted of an “aggravated felony” for immigration purposes.
3. Cancellation of Removal (for Non-LPRs): If you don’t have a green card or are undocumented, the law provides one way to avoid deportation, but it applies only in the rarest of instances. Among other requirements, the applicant must show that she has lived in the US for 10 years and that her deportation would cause “exceptional and extremely unusual hardship” to the her spouse, child, or parent who is a United States Citizen or permanent resident. Never apply for this without speaking to an experienced immigration attorney.
4. U-Visas: It is important to remember that you can sometimes avoid deportation if you are legally eligible for a visa. One visa that commonly comes up in removal proceedings is the U-visa. The U-visa is specifically for people who (1) have been the victim of certain serious crimes, (2) have suffered serious and ongoing harm as a result, (3) have reported the crimes to the police, and (4) have cooperated in bringing the perpetrator to justice. Talk to a lawyer to see if you can attempt to apply for a U-visa. Remember that an important prerequisite to applying for a U-visa is cooperating with the police and the prosecution; it will be essential that they certify that you have been cooperative before you can obtain this visa.
5. Adjustment of Status: If you are married to a US citizen or permanent resident, or if a family member has filed a petition for you, you might be eligible to apply for a green card directly. Depending on how you entered the United States, you might need to go back to your home country to process the green card, but if not, you might be eligible to “adjust your status” to permanent residence here in the United States.
6. Voluntary Departure: If you have no other viable option or if you would rather just be deported, you or an attorney can apply for you to leave voluntarily at your own expense. The judge will only grant this if you can show that you have enough money to buy your own passage, if you have a valid travel document, and if you can convince the judge that you will not stay beyond the set date of departure..
7. Prosecutorial Discretion: If you have no other viable option you can apply for “prosecutorial discretion.” In the summer of 2011, the Department of Homeland Security released a few memos discussing the ability for ICE attorneys to grant immigrants “prosecutorial discretion” in very strong cases and to avoid deportation even when there is already a deportation order. It is very difficult to win this form of immigration relief..
8. Motions to Suppress: If you have been targeted by ICE in a way that egregiously violated your constitutional rights you may be able to suppress the whole proceeding. Proving this requires evidence, pictures, written word, witnesses etc Motions to Suppress are not commmon in immigration court; however, in certain situations they can work in removal proceedings as well.
9. Others: There are also 212(h) waivers, 212(c) waivers and other legal statutes which allow people in certain situations to prevent or avoid deportation.
10. 1. In recent years asylum grants have jumped to over 50% Must demonstrate profound fear of persecution based on race, religion, nationality, political opinion or social group must be shown. Country of origin may or may not make sense
11. 2. The most common ways to stop deportation include the old 212(c) pardon for green card holders with certain crimes who can show that their good deeds outweigh their bad acts. 212(c) was replaced by Cancellation of Removal for Certain Permanent Residents but the balancing test is the same.
12. 3. A memo issued in recent years directs The Department of Homeland Security to stop deportation for humanitarian reasons. This guidance is nothing new as prosecutorial discretion has been around for decades. Many are disappointed that more immigrants have not received this protection, but a strong application may stop deportation.
13. 4. Unlike the waiver noted above, this application to stop deportation is for people who ask an Immigration Judge to give them a green card upon proving ten years in the United States, good moral character plus exceptional and unusual hardship to certain American family members, typically children.
14. 5. This application is for immigrant victims of violent crimes and is used to deter criminals from preying on the undocumented. Along with the T visa for victims of human trafficking, the U benefits foreigners who cooperate with law enforcement agencies. Not only will it stop deportation but it will result in a green card, eventually.
15. 6. The immigrant generally must have no drug offenses, and also needs to prove extreme hardship to a qualifying relative, frequently a United States citizen, but in some cases a green card holder. Seven years of living in America is required as well in most but not all 601 cases.
16. 7.When all else fails, promising to buy a ticket to leave still beats removal. Stops deportation still results in leaving the country but makes a lawful re-entry easier.
17. The Catholic Church has resources to help you BEFORE you get to these crossroads. Ask for help. Get advice. Have a plan for your family