KNOW YOUR RIGHTS RAIDS READINESS TRAINING. Raids Rapid Response Network (RRRN)

Transcription

1 KNOW YOUR RIGHTS RAIDS READINESS TRAINING Raids Rapid Response Network (RRRN)

2 OVERVIEW Intros 15 min Purpose & Scope of Training Immigration & Executive Order Overview 20 min Raids Overview 20 min Self Defense: Individual & Community 20 min How Organizers Can Respond to Raids 20 min Questions? 20 min CLUE Rapid Response Work 45 min

3 IMMIGRATION & EXECUTIVE ORDER OVERVIEW

4 (VERY) BRIEF IMMIGRATION LAW OVERVIEW KEY ACTORS Department of Homeland Security (DHS) DHS houses three key immigration agencies: CIS, CBP, and ICE. CIS (Citizenship & Immigration Services) primarily handles immigration benefits (e.g. asylum applications). CBP (Customs & Border Protection) typically handles issues near the border (e.g. inspection at ports of entry). ICE (Immigration & Customs Enforcement) generally handles enforcement and removal proceedings (e.g. raids).

5 REMOVAL PROCEEDINGS What they are Removal proceedings are administrative proceedings before a federal immigration judge to determine whether someone is removable, and (if so) whether they are eligible for any relief from removal, such as asylum. Who can be removed How they work Timelines

6 EXPEDITED REMOVAL What it is How it works Expedited removal may occur when someone living in this country: Timelines Lacks entry documents OR received entry documents as a result of fraud Cannot prove that they have been living here for at least 2 years is not an LPR.

7 RELIEF FROM REMOVAL Even if you are removable, they may be eligible for one of several forms of relief from removal (with various eligibility criteria). For example, you might be eligible for asylum if you have not previously been deported and have no disqualifying convictions. Many individuals, even if they are ineligible for other relief, may still be eligible for relief under CAT (the Convention Against Torture) If you express a fear of return to an immigration officer, you should be screened for eligibility for these forms of relief. Especially if you are placed in expedited removal you should affirmatively and repeatedly express a fear of return and request an interview with an asylum officer.

8 EXECUTIVE ORDERS UPDATE: INTERIOR IMMIGRATION ENFORCEMENT The President announced new enforcement priorities on January 25, One of the executive orders will prioritize immigrants who: Have been convicted of ANY criminal offense Have pending criminal charges Have committed acts that would be a crime Have committed fraud before a government agency Have abused public benefits programs Have a final order of removal Are deemed to be a risk to public safety or national security by an immigration officer

9 OVERVIEW Among other things, the Executive Orders (EOs): drastically expands who the government considers a priority for deportation, threatens to take away critical federal funding from jurisdictions that have sought to build trust with their immigrant residents. jeopardizes due process and other constitutional protections that all people have regardless of their immigration status. encourages the use of racial profiling by U.S. Immigration and Customs Enforcement (ICE) and local law enforcement officials. has serious negative implications for the well-being and safety of all communities, immigrant and nonimmigrant alike. 9

10 NEW ENFORCEMENT PRIORITIES Old Priorities: Mostly focused on individuals with certain convictions: Aggravated felony, significant misdemeanor, People who entered or reentered without permission after 1/1/14, People ordered removed on or after 1/1/14, and People with gang-related allegations or convictions New Non-Prioritization Vastly expanded list that includes: Anyone who initially entered without documents, Anyone with final removal order Anyone charged with any criminal offense, where such charge has not been resolved Anyone who committed acts that constitute a chargeable offense 10

11 EXPANSION OF DEPORTATION PROGRAMS Authorizes hiring of 10,000 new ICE officers tripling of agency s size Seeks to ramp up 287(g) (agreements where local law enforcement agencies become ICE agents) Return to SCOMM (where ICE is putting holds on people in criminal custody) 11

12 BORDER EXECUTIVE ORDER Hiring of 5,000 more CBP agents. Construction of border wall using all available federal resources and study within 180 days that assesses, among other things, all available STATE resources to build wall. More detention centers at or near the southern border. Further converts border communities into militarized zones. Detention of immigrants pending court proceedings.

13 FASTER DEPORTATIONS Expands expedited removal process a process where a person is quickly deported from the U.S., without the opportunity to see a Judge or to fight their case in court. now expanded to anyone who has been in the U.S. for less than two years, and is within 100 miles of the border. Faster deportations for people caught at the border Faster deportations for people with removal orders 13

14 RAIDS OVERVIEW

15 OVERVIEW OF OPERATION CROSS CHECK RAIDS According to ICE: ERO conducted three Cross Check Operations in San Antonio, New York, and Atlanta Headquarters conducted Cross Check Operations in Chicago and Los Angeles These operations ended on February 13,

16 OVERVIEW OF OPERATION CROSS CHECK RAIDS According to ICE: As of February 10, 2017, ERO field offices reported 683 arrests as a result Ostensibly 75% of those arrested had some sort of criminal conviction Most common conviction: DUI (161 out of 683) 16

17 TARGETED POPULATIONS: RHETORIC V. REALITY ICE claims routine enforcement activities: Outstanding criminal warrants In reality: Immigrants without criminal records through collateral arrests Workspaces Threats to public safety Prior removal orders

18 TACTICS EMPLOYED Majority of those arrested were arrested at home People targeted at their homes in apartment complexes. People targeted while leaving homes in the morning. Some arrests at workplaces Mobile biometrics units Roadway checkpoint (at least one confirmed) Also, several reports of other, dragnet tactics, but most could not be confirmed: Random ID checks, including on public transportation Near schools during AM drop off

19 CROSS CHECK OPERATION IN LA Total of 161 individuals detained in LA and surrounding areas By CHIRLA s count, this included enforcement ops in 6 southland counties and in 55 communities Per ICE, 151 had prior criminal convictions Per ICE, [d]uring targeted enforcement operations, ICE officers frequently encounter additional suspects who may be in the United States in violation of federal immigration laws. Those persons will be evaluated on a case-by-case basis and, when appropriate, arrested by ICE. 19

20 HOW ARE THESE TACTICS DIFFERENT FROM PRIOR RAIDS? No more priorities Criminal prosecutions Collateral arrests Expansion of expedited removal Less recourse post-arrest Prosecutorial discretion Release from detention 20

21 SENSITIVE LOCATIONS? Hospitals Schools Places of Worship Public Religious Assemblies (e.g., weddings, funerals) Demonstrations Special exceptions for sensitive locations Someone who poses an imminent threat, such as a national security risk Immediate pursuit of a felon or person who poses danger to the public Risk of destruction of property 21

22 ICE AT COURTHOUSES Superior Court presence Pasadena Bellflower Long Beach Response Media Documentation Advocacy with Presiding Judges 22

23 RAIDS OVERVIEW What to expect ICE detains. In LA County, detainees are typically held in B-18 in the federal building downtown (300 N. Los Angeles). If interviewed and deemed removable, they are issued Notices to Appear and moved to detention centers. Detainees may be transferred to a long-term detention center pending their removal proceedings. Eventually, their location can be accessed on the ICE detainee locator system: or by calling the Los Angeles ICE Field Office (213) Detainees should try to bond out of detention immediately, unless they are subject to mandatory detention as a result of certain convictions. Regardless, mandatory detainees are generally eligible for a bond hearing after 6 months.

24 SELF DEFENSE: INDIVIDUAL & COMMUNITY

25 BEST PRACTICES BEFORE A RAID Know where to find a reliable lawyer if detained. Carry around a KYR card/script with attorney contact information. Make sure to seek the help of an attorney, and not a notario, who is never authorized to practice law in the United States. You do not need to retain an attorney yet, but you should at least have the numbers of reliable immigration attorneys on hand. Have a safety plan.

26 SAFETY PLANS Have emergency contact(s) to call if detained, and memorize important numbers (lawyer, family, etc.) You will lose access to your cell phone if detained. Make arrangements for childcare and school pick-ups. Consider designating a trusted adult to temporarily care for your children. Prepare a caregiver s authorization (form available from LAUSD). If you are about to be detained, tell ICE you are the primary caregiver for your minor children. 3/9/

27 SAFETY PLANS Arrange for your medical needs. Have medical information, including medications, dosages, and doctor s contact information, on hand and in a safe place. Organize important documents in a safe place; make copies and make them accessible to a trusted person. Keep your Alien Registration Number (A-number) and birthdate, in a place accessible by family members should they need to locate you.

28 CARRY VALID DOCUMENTS Carry valid documents showing US residence or lawful status. These documents include: Green card Proof of asylum status Proof of pending immigration applications Proof of 2 years of residence Do not carry documents from foreign countries. Do not carry false documents. They can result in criminal charges that lead to removal. X 28

29 COMMUNITY PREPARATION Know Your Rights! Community self defense Create a network of friends, family, neighbors, etc. Could include text tree, phone tree, noisemakers, banners, videographers, photographers, legal observers, etc. Phoenix, AZ: barrio defense committees created to be ready to protest or take action if ICE showed up 29

30 KNOW YOUR RIGHTS EVERYONE in the United Statesregardless of immigration status has certain basic rights under the United States Constitution

31 THE RIGHT TO REMAIN SILENT You can refuse to answer questions until you ve had a chance to consult with an attorney You can choose not to speak at all You can decline to share information about where you were born or how you entered the United States You can carry a know your rights card and provide it to immigration officers if you are stopped

32 DOCUMENTS TO SHOW TO POLICE If you have an AB 60 license and you are the driver of a vehicle, you must show your license to avoid getting ticketed. However, showing your AB 60 license, which says FEDERAL LIMITS APPLY, could supply probable cause to an immigration officer that you are a noncitizen. 32

33 BEST PRACTICES DURING A RAID If ICE stops you in a public place, stay calm and do not run. State: I wish to remain silent. Ask: Am I free to go? If questioned, tell ICE you wish to remain silent and/or speak with a lawyer. Refer to a KYR card/script with attorney contact information.

34 BEST PRACTICES DURING A RAID If ICE knocks at your door, do NOT let them in unless they slip a judicial warrant under the door or show you through the window. A valid to warrant to enter has both your name and address, and is signed by a federal judge. If the warrant is valid, the person sought in the warrant should step outside the door and close it behind them. Always verify that it is ICE and that their warrant is valid. ICE officers sometimes will lie to try to get into your house. Make sure you verify who is at your door before opening it. Ask: What agency are you with?; Ask: Show me your warrant.

35 SAMPLE WARRANTS - JUDICIAL 35

36 SAMPLE WARRANTS - IMMIGRATION 36

37 BEST PRACTICES DURING A RAID Do not lie; but refuse to answer. You are permanently inadmissible if you falsely claim citizenship. Do not sign documents without first consulting a lawyer.

38 BEST PRACTICES DURING A RAID For those who want to avoid ICE questioning (and especially those who are enforcement priorities) Stay clear of the location where the detained individuals are held, or where the raid occurred. If ICE violates your rights, politely state that you do not consent or agree to what is being done, and try to document the agent s name and badge number (or have others do so).

39 BEST PRACTICES WHILE DETAINED Use ICE s online detainee locator to find an adult who is in immigration custody If you can t find a person using the online locator, call the local ICE office - Los Angeles Field Office 300 North Los Angeles St. Room 7631 Los Angeles, CA, Phone: (213) LosAngeles.Outreach@ice.dhs.gov

40 BEST PRACTICES - WORKPLACE RAIDS Put policies in place beforehand Union collective bargaining language Workplace sanctuary policies Agree on workplace solidarity tactics Find ways to support each other Bond fund Other financial assistance (food/rent) Child care

41 BEST PRACTICES DURING A RAID AND WHILE DETAINED If transported to a detention facility and interviewed, continue to exercise the right remain silent and/or request to speak with a lawyer. No lawyer is provided at government expense. Refuse to say anything about your immigration status or where you were born. In too many cases, people admit they are undocumented, which ICE can use to prove that you are removable. Use the phone provided by ICE to call your emergency contacts (family members, attorney, etc.).

42 HOW ORGANIZERS CAN RESPOND TO RAIDS

43 TIMELINE OF A RAID: WHY RAPID RESPONSE NEEDS TO TRULY BE RAPID Raid/Enforcement Deportation Detention

44 WHAT DOES A ROBUST RAIDS RESPONSE LOOK LIKE? Know Your Rights Trainings Organize Document Abuses Educate Investigate Litigate Advocate Civil Rights Lawsuits Immigration Attorneys

45 LA RRRN STRUCTURE Coordinating committee Legal team Political team Organizing team Communications team

46 LA RRN FLOWCHART II. Report of Raid Report Comes in IIII. Investigation/ Confirmation Coordinating Committee -Investigators/organizers - Attorneys Assigned to investigate. Report to committee, Activation Decision Upon activation, roles assigned for RRN: III. Initial Response/ Activation

47 IV. Stop Deportations, Seek release from Detention B18 interviews Access to counsel TRO Local government advocacy Protest mobilization Bond / detention advocacy Stays of removal/ MTR V. Larger Team, Advocacy

48 RAIDS RESPONSE Once an ICE raid is reported, have first responders on the ground. They should verify that an ICE raid occurred. They should offer support to those detained and their families. They should collect evidence of the raid, distribute intake forms, and document any possible legal violations. Locate those detained and ensure that they have access to an immigration attorney. Alert the Raids Rapid Response Network (RRRN). For now, contact CHIRLA at

49 IMPORTANCE OF COLLECTING EVIDENCE What kind of evidence to look out for during/after a raid Record the details of the scene; any statements made. Note the number of ICE agents and badge numbers; car plates. How to collect evidence Video-recording In California, you can record and take pictures in public places. In a more private space, you will need to record openly (so that the other side can see), or ask their permission. However, if you record a private conversation or phone call without asking permission, you may be convicted of a misdemeanor. Taking declarations of witnesses In law, a declaration is a sworn statement of facts, written in the first person, that can serve as evidence in court.

50 INTAKE SHEET Filling out intake forms for those detained Basic Information Individual Detainee Information Immigration Enforcement/Raids Generally Home Raids Worksite Raids Vehicle Stops Courthouse Gang Databases

51 HOME RAID INTAKE (Watch Carlos Estrada video.) What violations of law do you see, if any? What additional questions would you ask?

52 IMPORTANCE OF CONFIDENTIALITY Any written information, recordings, pictures, or text messages may be discoverable in litigation. This means that it may fall into the hands of ICE attorneys, and can be used against you as evidence in court. As a result, when discussing substantive topics, you should try to exchange information orally.

53 POTENTIAL LITIGATION Goals Potential legal violations Denial of access to counsel ICE harassment, threats, and excessive force Unlawful entry, unlawful searches and seizures Unlawful detention Racial profiling Other common claims Potential relief e.g. Temporary Restraining Orders, injunctions; suppression of evidence Documenting egregious examples and capturing systemic violations for impact litigation

54 54 LA RAIDS RESPONSE Response to recent LA raids: CHIRLA reached out to the Raids Rapid Response Network (RRRN) for confirmation and support CHIRLA staff immediately went to B-18, as did other advocates, to see detainees and connect with families Planned an action at B-18

55 LA RAIDS RESPONSE Held press conference Held on-going Know Your Rights trainings Held free legal consults for community members Documented the apprehension of others by ICE in the last few days to track locations and tactics Identified family of an individual who was collateral to an operation 55

56 ROLE OF ORGANIZERS Support individual detained Support family of the person detained Actions Plan protest Outreach to communities and orgs Hold press conference Reach out to elected officials Education Host know your rights events Create local defense committees Share materials

57 ROLE OF ORGANIZERS: POST-24 HOURS Public deportation defense cases Organizing directly affected ppl Leadership development Media/social media Outreach to elected officials Letters, petitions, call in days, etc. Coalition building Ex: Jose Alvarez campaign

58 LONG BEACH RAIDS RAPID RESPONSE NETWORK

59 RESOURCES ow-your-rights-eng-casa-maryland.pdf -preparedness-plan -raidtoolkit w_o-appendices.pdf KYR cards:

60 QUESTIONS? Shiu-Ming Cheer (Direct Line) Mayra Joachin National Immigration Law Center