ICE
Immigration
How to Deal With Deportation
YOUR RIGHTS
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You have the right
to remain silent. If you wish to exercise that right, say so out loud.
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You have the right
to refuse to consent to a search of yourself, your car or your home.
·
If you are not
under arrest, you have the right to calmly leave.
·
You have the right
to a lawyer if you are arrested. .
·
Regardless of your
immigration or citizenship status, you have constitutional rights. Exercise
those rights.
Cuáles son tus derechos
• 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.
·
.
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YOUR RESPONSIBILITIES
·
Stay calm and be
polite.
·
Don’t interfere
with or obstruct the police.
·
Don’t lie or give
false documents.
·
Be prepared in
case you are arrested.
·
Remember the
details of the encounter.
·
• Mantenga la calma y sea educado. • No interfiera ni
obstruya a la policía. • No mienta ni da documentos falsos. • Esté preparado en
caso de que sea arrestado. • Recuerde los detalles del encuentro
IF YOU ARE STOPPED FOR QUESTIONING
·
Remain calm.
Don’t run, argue, resist or obstruct the police, even if you are innocent or
police are violating your rights.
·
Keep your hands
where police can see them.
·
Ask if you can
leave. If the officer says yes, calmly and silently walk away. If you are
under arrest, you have a right to know why. Don’t be afraid to ask why
you are under arrest.
·
Like every
American, you have the right to remain silent and cannot be punished for
refusing to answer questions. If you do not wish to speak to the officer,
simply tell the officer that you want to remain silent.
·
You can refuse an
officer’s request to search your body or your belongings. Police are
permitted to: ”pat down” your clothing if they suspect a weapon. You should not
physically resist, but you have the right to refuse consent for any further
search. If you do consent, it can affect you later in court.
·
Puede rechazar la solicitud de un oficial para registrar su cuerpo o sus
pertenencias. A la policía se le permite "tapar" su ropa si sospecha
que tiene un arma. No debes resistir físicamente, pero tienes el derecho de
rechazar el consentimiento para cualquier otra búsqueda. Si usted da su
consentimiento, puede afectarle más tarde en la corte.
·
IF YOU ARE STOPPED IN YOUR CAR
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Stop the car in a
safe place as quickly as possible.
·
Turn off the car,
turn on the internal light, open the window part way and place your hands on
the wheel.
·
Upon request, show
police your driver’s license, registration and proof of insurance.
·
If an officer or
immigration agent asks to look inside your car, you can refuse to consent to
the search. But if police believe your car contains evidence of a crime, your
car can be searched without your consent.
·
The driver and all
passengers have the right to remain silent. If you are a passenger, you can ask
if you are free to leave. If the officer says yes, sit silently or calmly
leave. Even if the officer says no, you have the right to remain silent.
IF QUESTIONED ABOUT YOUR IMMIGRATION STATUS
·
You have the right
to remain silent. You need not talk about your immigration or citizenship
status with police, immigration agents or any other officials. You do not have
to answer questions about where you were born, whether you are a U.S. citizen,
or how you entered the country. Just stay quiet, as you talking could
hurt your chances at potential immigration relief in the future.
·
If you are not a
U.S. citizen and an immigration agent requests your immigration papers, you
must show them if you have them with you. If you are over 18, carry your
immigration documents with you at all times. If you do not have immigration
papers, say you want to remain silent.
·
Do not lie about
your citizenship status or provide fake documents. If you claim that you
are a United States Citizen and you are not, you can face serious criminal
issues. Also, it is better to remain silent, than to provide fake
documents.
·
.
IF POLICE OR IMMIGRATION AGENTS COME TO YOUR
HOME
·
If immigration
agents come to your home, you can refuse them entry, unless they have a
warrant.
·
Ask the officer to
slip the warrant under the door or hold it up to the window so you can inspect
it. A search warrant allows police to enter the address listed on the
warrant, but officers can only search the areas and for the items listed. An
arrest warrant allows police to enter the home of the person listed on the
warrant if they believe the person is inside. A warrant of removal/deportation
(ICE warrant) does not allow officers to enter a home without consent.
·
Even if officers
have a warrant, you have the right to remain silent. If you choose to speak to
the officers, step outside and lock the door. Do not allow them to talk you
into anything.
·
• Si la policía o los agentes de inmigración llegan a su
casa, usted puede rechazar su entrada, a menos que tengan una orden judicial. •
Pídale al oficial que mete la orden bajo la puerta o que la sostenga hasta la
ventana para que pueda inspeccionarla. Sí, usted puede hacer esto. Porque
tienes derechos. Una orden de allanamiento permite a la policía entrar en la
dirección indicada en la orden, pero los oficiales sólo pueden buscar las áreas
y los artículos enumerados. Una orden de arresto permite a la policía entrar en
el hogar de la persona que aparece en la orden si cree que la persona está
dentro. Una orden de remoción / deportación (orden judicial ICE) no permite a
los agentes entrar en una casa sin consentimiento. • Incluso si los oficiales
tienen una orden judicial, usted tiene el derecho de guardar silencio. Si
decide hablar con los oficiales, salga y cierre la puerta
IF YOU ARE CONTACTED BY THE FBI
·
If an FBI agent
comes to your home or workplace, you do not have to answer any questions.
·
If you are asked
to meet with FBI agents for an interview, you have the right to say you do not
want to be interviewed. If you agree to an interview, do not go
alone.
·
You do not have to
answer questions you feel uncomfortable answering
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WHAT TO DO IF YOU ARE ARRESTED
·
Do not resist
arrest.
·
Remain silent
·
Tell the officer
that you wish to remain silent, say this more than once. Officers often have
video – speak calm and clear
·
Do not give explanations
·
Do not sign
anything or make decisions without your lawyer.
·
You have the right
to make a local phone call. The police cannot listen if you call Memorize
your spouse’s number tell them the officer’s names and your exact location
·
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
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WHAT TO DO IF YOU ARE TAKEN INTO IMMIGRATION (OR “ICE”) CUSTODY
·
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.
·
Tell the ICE agent
you wish to remain silent. Do not discuss your immigration status with anyone don’t
share information with others arrested. Remain calm quiet and pray
·
Refuse to sign any
documents, such as a voluntary departure or stipulated removal, Request and
remember your immigration number (“A” number) Signing this is a big mistake and
may keep you from legally returning for 10 years
“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. Apply for political
asylum: 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. Waivers of removal: 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. Prosecutorial Discretion: 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. Cancellation of Removal for non
permanent residents: 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. U Visa: 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. I-601 waivers for immigrants
charged with fraud, unlawful presence or crime: 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. Voluntary Departure:
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
