Immigration Rights-Know your Rights!
I hope you had a great Valentine’s Day! I spent mine in 7 hours of immigration law training with a bunch of attorneys.
Then the next day, 4 hours in a detention center (see above picture) near the border watching a mock asylum (an undocumented person seeking to stay here because of serious fears of what will happen if they go back to their country of origin) trial.
Interesting and thankful for being released!
About 1,000 people are in this locked, barb wired facility, being detained for many months awaiting their hearings and most are not represented by attorneys. It is a privately owned, for profit facility, and I’m sure it is costing the taxpayers a pretty penny.
As an attorney since 1992, I have realized over the years that most people respond to authority-police, immigration officers…by talking too much. The reality is, that most of what you say “can and will be used against you”. It usually is in your best interest to keep quiet, even though you may still get arrested or detained.
As it pertains to immigration, below is some information I pulled from the ACLU’s website.
Have an awesome week!
Attorney- Criminal Defense, Divorces, Immigration http://www.AndreaSchneider.us
Mom of 2 awesome kids, Attorney, Recent Activist, Healthy Lifestyle Consultant, 10 year Breast Cancer Thriver & Survivor, Author
I appreciate your referrals. When in doubt, call or email me with your legal questions at (619) 518-0476 or AndreaAttorney@gmail.com
Please share the below information with your communities ASAP. You can copy and paste.
Know Your Immigration Rights. When Asked About Immigration Status (from the ACLU-4 minute, very good video in Spanish)
and the same
Video in English https://www.aclu.org/know-your-rights/what-do-if-questioned-about-your-immigration-status
What To Do If Immigration Agents Are At Your Door in in a 3 minute, Spanish video by the ACLU
Sus Derechos Básicos Durante Visitas de ICE
And to share with your communities, per the ACLU:
If officers are at your door, keep the door closed and ask if they are Immigration agents, or from ICE.
Ask the agents what they are there for.
Opening the door does not give the agents permission to come inside, but it is safer to speak to ICE through the door.
If the agents don’t speak your language, ask for an interpreter.
If the agents want to enter, ask them if they have a warrant signed by a judge. If ICE agents do not have a warrant signed by a Judge, you may refuse to open the door or let them in. An administrative warrant of removal from immigration authorities is not enough.
If they say they have a warrant, ask them to slip the warrant under the door.
Look at the top and at the signature line to see if it was issued by a court and signed by a judge. Only a court/judge warrant is enough for entry into your premises. One issued by DHS or ICE and signed by a DHS or ICE employee is not.
An example of an order by a judge
An example of an order by ICE
Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address.
In all other cases, keep the door closed. State: “I do not consent to your entry.”
If agents force their way in anyway, do not attempt to resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
Everyone in the residence may also exercise the right to remain silent.
Do not lie or show false documents. Do not sign any papers without speaking to a lawyer. If you need more information, contact your local ACLU affiliate at aclu.org/affiliates
From Abogado/Attorney Andrea Schneider
AndreaAttorney@gmail.com or (619) 518-0476