Know your Rights 20160211 no video

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Illinois Coalition for Immigrant and Refugee Rights
KNOW YOUR RIGHTS!
The Family Support Network
Alarming Numbers!
• More than 2 million people have been deported
under the Obama Administration. More raids and
arrests may be on their way.
*https://www.ice.gov/removal-statistics
On November 20, 2014
When President Obama announced DAPA
and DACA+, he also announced a new set of
immigration enforcement priorities.
Enforcement Priorities
Priority 1 (Threats to national or border security and public safety)
• Gang Member
• One Felony Conviction
• One “Aggravated Felony” Conviction
– Some offenses might be “aggravated felonies” under immigration law but
not felonies under criminal law
• Suspected of Terrorism –Threat to National Security
Enforcement Priorities
Priority 2 (Misdemeanants and new immigration violators)
– DUI
– Domestic Violence
– Sexual Abuse
– Firearms Offenses
– Drug Sale
– Burglary (theft)
– Other offenses with
sentences of 90+ days in
jail
– 3 or more misdemeanors
• Excludes minor traffic
violations or juvenile offenses
– Immigrants apprehended
by ICE after entering
unlawfully after 1/1/2014
Enforcement Priorities
Priority 3 (Other immigration violations)
– Immigrants who have been issued a final order of removal
after 1/1/2014
In January 2016, ICE began a campaign of raids
targeting people from CENTRAL AMERICA with
final removal orders issued since May 2014
Priority Enforcement Program
Obama also announced the new “Priority
Enforcement Program” (PEP) that replaces
the controversial “Secure Communities”
program
Priority Enforcement Program
KNOW YOUR RIGHTS!
• With Police
• With Immigration
• Comparing Police and Immigration
• At Work
• Emergency Plan
• Family Support Hotline
* The contents of this presentation do not constitute legal advice. Consult an immigration attorney for legal advice.
With Police
WHAT TO DO
 REMAIN SILENT: You are not required to answer any
questions or even tell the police your name
 Tell the police you want to remain silent and want to talk
to a lawyer. They should stop questioning you after that.
 If the police stop you in your car: Ask if you can park your
car in a safe place or have a licensed driver take it away to
avoid towing or impound fees.
 MEMORIZE phone numbers for three family members or
friends who you can call.
ACTION
APPLY FOR A TVDL
With Police
WHAT NOT TO DO
 DON’T LIE. Tell the police you want to remain silent.
DON’T give explanations, excuses, or stories.
 DON’T SIGN any document that you don’t understand.
 DON’T DISCUSS your citizenship or immigration status
with anyone other than your lawyer
 DON’T hang any objects from your rearview mirror. It may
provide a pretext to pull you over
ACTION
APPLY FOR A TVDL
With Immigration/ICE
If ICE comes to your home:
 DO NOT OPEN THE DOOR- You are NOT required to open the
door unless ICE has a warrant signed by a judge.
 If ICE agents say they have a warrant, ASK them to show it
to you by sliding it under the door or holding it up to the
window.
 Check if the warrant was signed by a judge. A warrant signed
only by an ICE agent does NOT require you to open the door.
 If they try to force the door open: Write down the agents’
badge numbers and the license plate numbers of their cars
ACTION
REPORT ANY INCIDENT TO OUR FAMILY
SUPPORT HOTLINE, TAKE PICTURES/VIDEO!
With Immigration/ICE
WHAT TO DO
 REMAIN SILENT: You are
not required to answer
any question or even say
your name.
 Tell the agent you want
to speak to a lawyer first!
ACTION
WHAT NOT DO
 DO NOT CARRY FALSE
DOCUMENTS: having false
documents is a federal offense.
 DO NOT SIGN any documents
you do not understand: you
could be signing a voluntary
departure form
REPORT ANY INCIDENT TO OUR FAMILY
SUPPORT HOTLINE, TAKE PICTURES/VIDEO!
With Immigration/ICE
You have the RIGHT to
 Remain silent
 Speak with and be represented by a lawyer (at your own
expense)
 Get a hearing before a judge
 Request a bond to get released from detention
ACTION
REPORT ANY INCIDENT TO OUR FAMILY
SUPPORT HOTLINE, TAKE PICTURES/VIDEO!
With Immigration/ICE
To find out if you have a deportation order:
 Call 1-800-898-7180 (Executive Office of Immigration
Review) and enter your 9-digit A-number
To locate someone in ICE custody:
 Go online to locator.ice.gov. You can search by either
 the person’s name, date of birth AND country of birth OR
 The person’s 9-digit A-number AND country of birth
ACTION
REPORT ANY INCIDENT TO OUR FAMILY
SUPPORT HOTLINE, TAKE PICTURES/VIDEO!
Comparing Police
and Immigration
POLICE
IMMIGRATION
Court: If you have court or
probation and you do not
go
Warrant for your
ARREST
Bond: If you pay 10% of
your bond you can go
free.
Court: If you have court or
supervision and you do not
go Order of Deportation
Bond: If you pay 100% of
the bond, you can go free.
The person who pays must
be a U.S. citizen or LPR.
ACTION
ORGANIZE A KNOW YOUR RIGHTS
SESSION
In the Workplace
Immigration must have a warrant signed by a judge or
permission from your employer to enter your workplace.
ICE does NOT need a warrant to search public spaces.
What to do
What NOT to do
• Stay calm
• You have the right to remain
silent. You don’t even need
to tell the agent your name
• Tell the officer you want to
speak to a lawyer
• DO NOT RUN! This may be
viewed as an admission that
you have something to hide.
• DO NOT TELL the immigration
officer where you were born
or your immigration status
ACTION
Workplace Rights questions? Contact ARISE Chicago
773-769-6000
Have an Emergency Plan
• Choose a Responsible Person for the care of your children
– Power of attorney
• Have a plan in writing and make sure your family knows it
– What is your plan in case you are in detention/deported?
• Have your documents ready AND in a safe place
– Passport, birth certificates, medical records
• Carry with you a list of important phone numbers,
including your consulate
• GET INVOLVED with a local community organization!
ACTION
USE SAMPLE PLAN PACKET TO CREATE YOUR OWN!
Family Support Hotline
1-855-HELP-MY-Family 1-855-435-7693
What is the Family Support Network Hotline?



Toll-free hotline offers help to Illinois families facing
deportation.
The hotline is staffed by trained volunteers who will listen to
families and offer referrals to lawyers, social service agencies,
pastors, and other community supporters.
The hotline is staffed in English, Spanish, Polish and Korean.
ACTION:
REPORT ANY ICE ACTIVITY TO THE HOTLINE
BECOME A COMMUNITY NAVIGATOR!
Immigration Relief
• DACA 2012
• Prosecutorial Discretion
• U visas for crime victims
• T visas for trafficking victims
• Family-based visas
• DAPA (stuck in court)
• DACA+ (stuck in court)
See an immigration lawyer or authorized non-profit to check
if you might be eligible
Questions?
• For more information please visit:
www.icirr.org/familysupport
• Contact Dagmara Avelar –FSN Coordinator
davelar@icirr.org
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