Immigration Law Workshop

Transcription

1 Vermont Bar Association Seminar Materials Immigration Law Workshop April 20, 2017 DoubleTree South Burlington, VT Speakers: Sidney Collier, Esq. Leslie Holman, Esq. Deborah Volk, Esq.

2 Vermont Bar Association Immigration Law Workshop April 20, 2017 DoubleTree, S. Burlington Speakers' Bios: Sidney Collier is the founder and owner of the Law Office of Sidney Collier, PLC, where she practices exclusively in the area of U.S. immigration and nationality law. Ms. Collier has represented employers and individuals in numerous facets of immigration law. She has successfully assisted clients with H, L, and O temporary matters, permanent residence matters including Extraordinary Ability, Outstanding Researcher, Multinational Executive/Manager, and PERM labor certification cases, and has also worked with employers on I-9 and H-1B compliance issues. She has represented small start-ups to large, multinational corporations, and worked with clients in the hospitality, international business, scientific research, engineering, technology, accounting and marketing sectors, and college and university settings, among others. Prior to starting her own firm, Ms. Collier worked in larger immigration firms in both Washington, D.C. and Philadelphia, Pennsylvania. She attended the American University s Washington College of Law (cum laude) and The George Washington University, both in Washington, D.C. Ms. Collier is admitted to practice law in Vermont, is a member of the American Immigration Lawyers Association, where she serves on a liaison committee for the New England Chapter, is the current Chair of the newly-formed Immigration Law Section of the Vermont Bar Association, and is the Secretary of the Washington County Bar Association. Leslie A. Holman has been practicing law since 1987 and is admitted to practice in Vermont and New York. She is a member of the American Immigration Lawyers Association and is the New England chapter's liaison for the Vermont INS sub-office and the Highgate Spring Port of Entry. She is the founder of Leslie A. Holman, PC a law firm whose practice is limited to immigration and nationality matters. She represents corporate and individual clients in all aspects of immigration related matters. Deborah P. Volk is a partner in the Burlington, Vermont firm of Bothfeld & Volk, where her practice is limited to immigration and nationality issues, representing people all over the world and in many different parts of the United States. She has been practicing immigration law for close to 30 years and has been a member of the American Immigration Lawyers Association since Ms. Volk serves on the Board of Directors of Give Way to Freedom, a non-profit organization that helps survivors of human trafficking.

3 Ms. Volk has lectured at universities and attorney conferences, and she is a longstanding consultant to criminal defense attorneys and judges both here and abroad. Ms. Volk addressed Members of Parliament, justice officials, members of the judiciary and other government policy-makers at the Canadian National Forum on Criminal Records. She was appointed by the Vermont Bar Association to serve on the Human Trafficking Task Force to draft Vermont s anti-human trafficking statute. Ms. Volk is a member of Attorney General T.J. Donovan's Immigration Task Force to advise on immigration matters effecting Vermont. Her range of clients have included relatives of U.S. citizens, immigrant and non-immigrant professionals, entertainers, priority workers, employers, students, professors, schools and colleges, people who have violated their status, people whose vehicles have been seized, battered men and women, people facing criminal or immigration proceedings, businesses facing sanctions, treaty traders and investors, and multinational executives.

4 TRAIN THE TRAINER: KNOW YOUR RIGHTS ICE RAIDS IN THE COMMUNITY March 2017

5 Immigrant Defense Project promotes fundamental fairness for immigrants accused or convicted of crimes. We have been monitoring Immigration and Customs Enforcement (ICE) community arrests for over three years.

6 The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the U.S. Constitution. Through Freedom of Information Act requests and litigation, we fight back against abusive immigration practices.

7 The CLEAR (Creating Law Enforcement Accountability & Responsibility) aims to meet the needs of NYC-area communities particularly affected by law enforcement's deployment of counterterrorism policy.

8 We are here today because many immigrants fear being arrested by ICE or profiled by law enforcement in their own communities.

9 AGENDA CONTEXT WHAT IS ICE? WHO IS AT RISK OF BEING PICKED UP BY ICE? WHERE HAVE WE SEEN ICE PICK PEOPLE UP? HOW HAS ICE BEEN CONDUCTING RAIDS? WHAT ARE YOUR RIGHTS? STRATEGIES a. WHEN YOU TRAVEL b. WHEN ICE IS AT YOUR DOOR c. WHEN ICE IS INSIDE YOUR HOME d. WHEN ICE APPROACHES YOU IN PUBLIC e. WHEN ICE STOPS YOU IN A CAR FAQS & NOTES ON TRAINING 8. Use this information to tailor and inform your presentation Convey these rights and strategies to your community

10 1. CONTEXT

11 Over the years, immigration authorities have shifted amongst different groups of people to target for deportation.

12 One recent focus is deporting criminal aliens. The federal government continually redefines who should be deemed a criminal and justifies its actions by citing vague public safety concerns.

13 Law enforcement has targeted Muslim, Arab, and South Asian communities. It justifies indiscriminate profiling and harassment of these communities with unspecified claims about counterterrorism and national security.

14 The federal government has used dehumanizing terms like criminal or illegal to justify the detention & deportation of millions of people.

15 2. WHAT IS ICE?

16 ICE = IMMIGRATION AND CUSTOMS ENFORCEMENT DEPARTMENT OF HOMELAND SECURITY ICE CBP CIS SINCE 2003, ICE ENFORCES U.S. IMMIGRATION LAWS BY ARRESTING PEOPLE THE FEDERAL GOVERNMENT WANTS TO DEPORT

17 3. WHO IS AT RISK OF BEING PICKED UP BY ICE?

18 AT RISK OF BEING PICKED UP BY ICE PEOPLE WHO ARE REMOVABLE UNDER IMMIGRATION LAW

19 PEOPLE WHO ARE REMOVABLE UNDER IMMIGRATION LAW People present in the U.S. after being ordered removed. People without lawful immigration status People with lawful immigration status who have certain criminal priors

20 AT RISK OF BEING PICKED UP BY ICE PEOPLE WHO ARE UNDOCUMENTED* *This includes people who overstay a visa or enter without permission.

21 AT RISK OF BEING PICKED UP BY ICE PEOPLE WHO HAVE BEEN ORDERED DEPORTED* *and have final orders of deportation

22 AT RISK OF BEING PICKED UP BY ICE ANYONE WHO IS NOT A U.S. CITIZEN & HAS HAD CONTACT WITH THE CRIMINAL JUSTICE SYSTEM* *This could include cases that were resolved with non-criminal violations, sealed cases, misdemeanor or felony convictions, and cases where there was no jail time.

23 4. WHERE HAVE WE SEEN ICE PICK PEOPLE UP?

24 TRADITIONAL TRIGGER POINTS Some Jails Airports & Ports of Entry Residences In the Community

25 SOME JAILS This depends on local policy. Arrests can trigger action by ICE b/c in many places local enforcement cooperates with ICE. SOME JAILS

26 AIRPORTS & PORTS OF ENTRY AIRPORTS & If someone removable tries to reenter the U.S. fromof abroad, it can trigger PORTS ENTRY action by immigration authorities.

27 RESIDENCES Private houses Apartments Shelters Supportive housing

28 IN THE COMMUNITY On the street At criminal courthouses At probation/parole At CBP checkpoints

29 WHAT CHANGES COULD WE SEE? Uptick in enforcement actions Return of large-scale workplace raids Collateral arrests ICE in courthouses beyond criminal court

30 WORKPLACES? There have been some targeted arrests at and around workplaces Advocates anticipate that there could be a return of general workplace raids

31 COLLATERAL ARRESTS? Although ICE generally targets a particular non-citizen, sometimes they also arrest other non-citizen witnesses who are present. These are called collateral arrests. Advocates anticipate the return of more frequent collateral arrests

32 UNDER ICE POLICY, THEY SHOULD AVOID PICKING PEOPLE UP AT: Schools Religious institutions & funerals Hospitals Protests/public demonstrations Note: This is current ICE policy and may change. See ICE memo on sensitive locations at ice.gov.

33 How do we address fear in communities? Responsible sharing of information. Try to verify information before putting it out in public Do not share unverified raids on social media even if you think it comes from a responsible source Verify information first to maintain credibility & not increase fear See DRUM guide to sharing raids on social media: Connect with local organizations Share & verify information first with local groups Many local groups are monitoring ICE activity so can help with verification of what has seen If you witness something, take a photo & share with local groups

34 Today we will focus on travel, home & street arrests.

35 5. HOW HAS ICE BEEN CONDUCTING RAIDS IN COMMUNITIES?

36 WHAT IS A RAID? We use raid to mean any ICE arrest in the community regardless of how many people are arrested. This recognizes the trauma that ICE actions inflict on not only the individual arrested but also to witnesses, families, & communities. We often use the term raid interchangeably with arrest.

37 First ICE identifies a person to target. Info from law enforcement Immigration application Person attempting to re-enter U.S. from abroad Random searches of local enforcement databases

38 ICE uses database info & surveillance to identify possible location of person. ICE uses agents look forinfo the& ICE database person in thetocommunity. surveillance identify possible location of person.

39 If ICE agents see the person in a public space, they confirm identity & detain them.

40 ICE also goes to & enters homes to find and detain the person they ve targeted.

41 ICE HOME RAIDS Come in the early morning (5-8 am) Multiple armed officers Dressed like police, in bulletproof vests that say police or in plainclothes May state that are police or federal police

42 TO ENTER OR SEARCH A HOME 1. ICE needs a warrant signed by a judge OR 2. They need permission from a resident to enter

43 ICE typically doesn t have a warrant signed by a judge. They usually have a document signed by an ICE supervisor which has the word warrant written on it.

44 SAMPLE ICE WARRANT DOCUMENT This does not permit ICE to enter or search a home

45 Where ICE doesn t have a proper warrant......they can t just enter a home without permission from someone who lives there.

46 If ICE has a proper judicial warrant, they will enter the home regardless of whether they ve been given permission to do so.

47 IF ICE DOESN T HAVE A WARRANT, WHY WOULD SOMEONE LET ICE INTO THEIR HOUSE? ICE uses lies, tricks and intimidation to get residents permission to enter the home.

48 So how does ICE use lies and tricks to get into homes?

49 ICE agents often pretend to be the POLICE to get permission to enter a home. Even ICE lied to get inside, if they seelie the ICEifAGENTS SOMETIMES person they want to deport, they will TO GET arrest them.into THE HOME

50 LIES ICE HAS TOLD TO GET PERMISSION TO ENTER A HOME» We need help w/criminal investigation» Looking for a criminal suspect/fugitive» Want you to review photographs of criminal suspect» Criminal suspect using your name» We re trying to help the victim of identity theft/fraud» We need to talk to you about potential criminal issue» Need to look at your car b/c reported in an accident» Need to look at your body b/c reported in a fight» Need to talk to you about compliance with court case

51 Once inside the home, ICE looks for the person they want to arrest. Pretending to be police, ICE tries to get info from witnesses on where the person is or their phone #. If the person is not there, ICE often contacts the person to arrange a meeting while acting like police.

52 Inside the home, if ICE sees the person they are looking for, agents detain them.

53 Once inside, sometimes the agents search the home.* *without a proper search warrant, officers need permission to search unless it s for officer safety

54 TAKEAWAYS ABOUT ICE CONDUCT DURING COMMUNITY RAIDS In order for individuals to exercise their rights, they have to understand what is happening in the moment. Tell your audiences that ICE agents may lie about who they are and what they are doing there.

55 National Security Context

56 1a. CONTEXT

57 REMINDER! Law enforcement has targeted Muslim, Arab, and South Asian communities. It justifies indiscriminate profiling and harassment of these communities with unspecified claims about counterterrorism and national security.

58 2a. WHO IS LAW ENFORCEMENT?

59 WHO IS LAW ENFORCEMENT? DEPARTMENT OF HOMELAND SECURITY ICE CBP CIS

60 BUT ALSO... (est. 1980)

61 3a. WHO IS TARGETED, AND WHAT ARE THE CONSEQUENCES?

62 AT RISK OF BEING QUESTIONED BY LAW ENFORCEMENT

63 AT RISK OF BEING QUESTIONED BY LAW ENFORCEMENT Slides from an FBI/CBP training on exploiting U.S. Immigrants visa data. The Intercept.

64 WHAT ARE THE RISKS OF LAW ENFORCEMENT CONTACT? CRIMINAL CONSEQUENCES FALSE STATEMENT CHARGES (18 USC 1001) IMMIGRATION CONSEQUENCES Affirmative applications; reward & punishment UNKNOWN CONSEQUENCES THEY KEEP COMING BACK! IMPACT ON THE COMMUNITY

65 5a. HOW HAS LAW ENFORCEMENT BEEN CONDUCTING THESE ENCOUNTERS?

66 Law Enforcement rarely has a warrant to enter a home to conduct a voluntary interview. They instead rely oninfo & ICE uses database communities lack of surveillance to identify possible familiarity with their rights. location of person.

67 Tell your audiences: If Law Enforcement is asking for your permission... That means they need it!& ICE uses database info surveillance to identify possible location of person.

68 TAKEAWAYS ABOUT LAW ENFORCEMENT CONTACT Acknowledge to your audiences: This is not easy! It takes practice. Law enforcement will put pressure on you, but YOU HAVE THE POWER!

69 6. WHAT ARE YOUR RIGHTS DURING AN ICE INTERACTION OR ARREST?

70 EVERYONE HAS THE RIGHT TO...»»»» REFUSE ENTRY TO YOUR HOME. REFUSE A SEARCH OF YOUR HOME. REMAIN SILENT. REFUSE TO GIVE INFORMATION ABOUT YOUR IMMIGRATION OR CRIMINAL HISTORY» NOT SIGN ANYTHING.

71 HOW TO INVOKE YOUR RIGHTS? SAY: I DON T WANT TO ANSWER ANY QUESTIONS WITHOUT A LAWYER. REMAIN SILENT EVEN IF THEY KEEP ASKING YOU QUESTIONS.

72 If I don t speak English, should I still invoke my rights? Yes! Invoke your rights out loud in whatever language you feel most comfortable.

73 ICE Raids & Language Issues At least one ICE officer is supposed to speak the known language of the individual they are targeting. For training: this is where practice and role play may be helpful. Practice various scenarios where individuals need to invoke their rights.

74 ICE THEM OUT THINK: ICE - NO THEM INFO - NO ENTRY - NO SEARCH REPEAT OUT LOUD: OUT - I don t want to talk to you. - I don t want you in my home. - I don t want you to search.

75 If ICE is arresting you, the only thing you should tell them about is if you have medical or childcare needs.

76 DON T SIGN ANYTHING. Keep any papers ICE gives you. They will have DO NOT SIGN ANYTHING important information to give to loved ones or a lawyer.

77 ALSO REMEMBER... Don t lie to ICE. REMEMBER ALWAYS Don t physically interfere with an arrest. Doing this can harm you & loved ones.

78 7. STRATEGIES AROUND CONTACT WITH ICE

79 7-a. STRATEGIES: WHEN YOU TRAVEL

80 Can I refuse to be searched at the airport? CBP s authority to search at the border is much broader than law enforcement s authority to search you on the street or at your home.

81 Searches: Your person Travelers are not required to go through the body scanners. You can ask for a pat-down instead. TSA can ask travelers to remove hijabs or other religious head coverings. ASK» Can I be searched in a private area?» Can you please use the wand first?

82 Searches: Electronics CBP claims the authority to search and seize your phone without any level of suspicion or a warrant.

83 How to protect your electronics DO Password protect your phone Turn off the Thumbprint ID Encrypt your phone ASK SAY I do not feel comfortable giving you my password. My phone contains private information. I do not consent for you to search it. If they take your phone, ask for a receipt.

84 Questioning at the airport Unlike questioning at home, on the street, in your car, etc., there are certain questions you must answer if questioned at the airport. However, there are many questions that you are not required to answer.

85 Questions you must answer Identity: Name, date of birth, place of birth, address, anything else on your passport or other form of ID. Immigration status: When did you get your green card? What kind of visa did you have before you became an LPR? Current travel: Where did you go? How long did you stay? What was the purpose of your trip? How much money are you carrying? Employment

86 Questions you do not have to answer: What mosque do you go to? Are you Salafi? How often do you pray? Do you listen to religious lecturers online? Who are your favorite lecturers? Is your family religious? What do you think about ISIS? What do you think about President Trump? What do you think about the travel ban? What do you think about what s happening in Syria? What do you think about the Sudanese (or any other) government?

87 Questions do you not have to answer, cont. What are your friends names? Do you know X? How long have you known X? What is your uncle s name? Do any of your friends express anti-american views? Why did you travel to Egypt in 2011? What were you doing there? Who did you meet while you were there? Who paid for your tickets?

88 If you are asked questions about religion, political views, prior travel, etc. SAY I do not feel comfortable answering that question. I do not feel comfortable answering these questions without an attorney present. *You will not be able to access an attorney in secondary screening.

89 7-b. STRATEGIES: WHEN ICE IS AT YOUR DOOR

90 GENERAL RULE People at risk have less protection against arrest once ICE sees them. So, if someone in a home is at risk of deportation, keep ICE out of the home. Best chance of this is to verbally deny ICE permission to enter.

91 ICE AT YOUR DOOR: THE BASICS 1. DO NOT OPEN THE DOOR. THINK: - NO INFO - NO ENTRY - NO SEARCH 2. IDENTIFY WHO IS THERE: ASK FOR ID & WARRANT. 3. DON T ANSWER QUESTIONS ABOUT YOURSELF OR LOVED ONES.

92 DO NOT OPEN THE DOOR especially if you don t know who it is. Important because: It keeps ICE out if they don t have a judicial warrant. It prevents them from seeing anyone they can arrest and detain.

93 If I open the door to see who is there, does this give ICE permission to enter? NO. Generally, opening the door itself is not permission for ICE to enter the home. If they push the door open, invoke your rights and say: I don t give consent for you to enter my home. Please leave.

94 Interacting with ICE at the door For training: remember, if ICE sees the person they are targeting, they will arrest them regardless of whether they had permission to enter the home.

95 IF UNSURE WHO IS AT THE DOOR TRY TO FIGURE OUT WHO THEY ARE BEFORE ANSWERING ANY QUESTIONS. Ask to see ID. Ask them to slide a card under the door. Ask, Are you NYPD*? If yes, ask what precinct they are from. * or from your local police department

96 IF UNSURE WHO IS AT THE DOOR, con t. Even if they say they are the police: Ask if they have a warrant Ask to slip the warrant under the door Take a photo of anything slipped under the door.

97 ICE WARRANT = NO ENTRY Remember: ICE usually doesn t have a warrant signed by a judge. This means they can t come in when you say no....and if they do enter, it may help you in court.

98 A NOTE ABOUT TRAINING ON WARRANTS It can be hard towarrants identify the type of warrant ICE may show. Decide whether to train to ID an ICE warrant & deny entry or just to keep the door closed and deny entry. Remember, if it s a proper warrant, ICE is coming in regardless.

99 DO NOT GIVE ANY INFO ESPECIALLY ABOUT: Who is home Who lives there Where loved ones are Where you were born Immigration/criminal history

100 DO NOT GIVE ANY INFO, con t IF ICE IS ASKING QUESTIONS OR LOOKING FOR A LOVED ONE, DON T LIE. SAY: I DON T WANT TO TALK TO YOU. PLEASE LEAVE. You can ask them to leave their contact info.

101 WITH THE DOOR CLOSED (or even if you have unintentionally opened the door) SAY: I DON T WANT YOU TO COME IN. PLEASE LEAVE.

102 7-c. STRATEGIES: WHEN ICE IS INSIDE YOUR HOME

103 ICE IN YOUR HOME: THE BASICS 1. ASK THEM TO LEAVE THE HOME. THINK: - NO INFO - NO ENTRY - NO SEARCH 2. DON T ANSWER QUESTIONS ABOUT YOURSELF OR LOVED ONES. 3. DON T GIVE THEM PERMISSION TO SEARCH. 4. DON T GIVE THEM DOCUMENTS.

104 ASK THEM TO LEAVE, EVEN IF THEY ARE ALREADY INSIDE. SAY: I DON T WANT YOU IN MY ASK THEM TO LEAVE. HOME. PLEASE LEAVE. Repeat this as long as they are inside.

105 If ICE has a judicial warrant, they may stay. Otherwise, they should leave. Note: If they already see the person they want to deport, they will detain that person. If you tell them to leave & they don t, it may help in court.

106 DO NOT GIVE ANY INFO ESPECIALLY ABOUT: Who is home or who lives there Where loved ones are Where you were born Immigration/criminal history SAY: I DON T WANT TO TALK. PLEASE LEAVE.

107 DON T LET THEM SEARCH YOUR HOME SAY: I DON T WANT YOU TO SEARCH IF THEY START SEARCHING YOUR MY HOME. PLEASE HOME, ASK THEM NOT LEAVE. TO. Repeat this wherever they search.

108 They may search anyway if they have a judicial warrant or claim it is for officer safety. Otherwise, they should stop. If you say don t search & they do, it may help in court.

109 DON T GIVE THEM FOREIGN OR FALSE DOCUMENTS ICE often asks people in the home to bring them the identity documents of the person they want to arrest. Don t give them foreign or false documents. ICE wants documents to deport the person. A false document can lead to criminal prosecution.

110 DON T GIVE THEM FOREIGN OR FALSE DOCUMENTS, con t Okay: Not okay: REMEMBER: DO NOT GIVE ICE Municipal ID card, Passport, consular ID, library card, U.S. FOREIGN FALSE OR DOCUMENTS matricula, expired visa, driver s license, U.S. anything fake or not yours green card

111 If ICE asks to fingerprint me, do I have to let them? If you are under arrest, it is legal for ICE to fingerprint you as part of the booking process.

112 If ICE asks to fingerprint me & I m not under arrest, do I have to let them? You may refuse fingerprinting but should be aware that this may result in an ICE arrest. Say: NO. I DO NOT CONSENT TO HAVING YOU TAKE MY FINGERPRINTS. Do not physically resist if ICE fingerprints you. Repeat that you do not consent.

113 If I m not under arrest and ICE asks for my documents, do I have to give them? NO. If ICE asks for your documents say: I DO NOT CONSENT TO GIVING YOU MY DOCUMENTS. Do not physically resist if ICE takes your documents. Repeat that you do not consent.

114 7-d. STRATEGIES: WHEN ICE APPROACHES YOU IN PUBLIC

115 ICE ARREST IN PUBLIC: THE BASICS 1. ASK IF YOU ARE FREE TO GO THINK: - NO INFO - NO SEARCH - NO DOCS 2. STAY SILENT 3. DON T GIVE THEM FOREIGN/FALSE DOCUMENTS 4. DON T GIVE THEM PERMISSION TO SEARCH

116 IF ICE APPROACHES YOU IN PUBLIC, IMMEDIATELY ASK: AM I FREE TO GO? IF YES, WALK AWAY!

117 REMAIN SILENT. IF OFFICERS SAY NO, YOU ARE BEING DETAINED, SAY: I DON T WANT TO TALK WITHOUT LAWYER. Then, stay silent or repeat this to answer all their questions.

118 If ICE asks me, do I have to give my name? Depends on the state. Investigate whether your state has stop and identify laws requiring individuals to provide their name to law enforcement.

119 Telling ICE your name: Considerations asks me, do I If ICE Before giving your name, identify who is have to give my name? questioning you (ICE, police, FBI, etc). Your name could be incriminating and you can use your right to remain silent.

120 DON T GIVE THEM FOREIGN OR FALSE DOCUMENTS Okay: Not okay: REMEMBER: DO NOT GIVE ICE Municipal ID card, Passport, consular ID, library card, U.S. FOREIGN FALSE OR DOCUMENTS matricula, expired visa, driver s license, U.S. anything fake or not yours green card

121 If ICE asks for it, do I have to give my ID/passport? No. You have a right to refuse to give your ID/passport. Say: I DO NOT CONSENT TO GIVING YOU MY DOCUMENTS. But consider...

122 Giving ICE ID: Considerations Before giving ID, identify who is asking you for it. For training: important to assess the situation. Will refusal escalate the situation? If you have a valid ID that does not show place of birth, better to give this than a foreign-issued document.

123 Should I carry proof of my immigration status on me? If you have valid status, you must carry proof. This includes green card holders. For training: assess importance of carrying around docs against risk of violating laws requiring it.

124 DON T GIVE ICE PERMISSION TO SEARCH YOU OR YOUR BELONGINGS. If search you, say: I DON T IFthey THEY START SEARCHING YOU, ASK CONSENT THEM NOTTO TO.YOU SEARCHING ME.

125 They may search anyway (& claim it is for officer safety), but you should still say you don t consent. It may help you in court.

126 Is it okay to videotape ICE during an arrest? Depends on the state. Investigate the laws of your state before training since this is a common question. Also, consider

127 Videotaping ICE: Considerations ICE agents care mainly about their safety. Running to get a phone or reaching into your pocket could escalate the situation & be dangerous. For training: train people to assess a situation before filming & about different ways to document a raid.

128 Can ICE take away my phone if I m videotaping them? If you decide to record a raid on your phone and ICE officers ask you to hand over your phone, don t physically resist them but say: I don t consent to giving my phone. I don t consent to a search of my phone.

129 7-e. STRATEGIES: WHEN ICE STOPS YOU IN A CAR

130 ICE CAR STOP: THE BASICS 1. THINK: - NO INFO - NO SEARCH - NO DOCS STAY SILENT 2. DON T GIVE THEM FOREIGN/FALSE DOCUMENTS 3. DON T GIVE THEM PERMISSION TO SEARCH THE CAR

131 CAR STOPS: WHAT IF ICE ASKS FOR ID? The DRIVER of the car must give their ID Hand over a valid driver s license or any document that does not show a foreign place of birth.

132 CAR STOPS: WHAT IF ICE ASKS FOR ID? PASSENGERS in the car do not have to give IDs If ICE agents threaten arrest and/or force to them show ID, do not physically resist. Say: I do not consent to giving you my ID. Repeat this. Ask if they are ordering you to hand over the ID before giving it to them.

133 ONCE I M STOPPED, CAN ICE OFFICERS START SEARCHING MY CAR? ICE cannot search a car without permission, including opening the trunk, glove compartment or any bag in the car, unless they have probable cause that there is evidence of criminal activity.

134 WHAT DO I DO IF ICE OFFICERS BEGIN TO SEARCH THE CAR? Sometimes ICE will ask if they can search a car. Other times they just begin searching even if it isn t lawful. If ICE asks to search a car or begins searching say: I do not consent to a search & repeat while they search.

135 5 GOLDEN RULES IN LAW ENFORCEMENT CONTACT 1. Don t Let Them In. 2. Don t Speak to Them Without an Attorney Present. 3. Ask for ID. 4. Tell Them Your Lawyer Will Call Them. 5. Don t Let Them Search Your Home.

136 8. FREQUENTLY ASKED QUESTIONS

137 What can I do if I witnessed a raid? Document what happened & tell a lawyer even if you are not a family member. If you witness ICE violating your rights or the rights of anyone else, it may help the person facing deportation. For training: reminder that no one should interrupt an ICE arrest, it could escalate the situation. If person being arrested has medical or childcare needs, witnesses should inform ICE.

138 WHAT DO I NEED TO DOCUMENT? Where/when was encounter with ICE How did ICE officers present themselves Pretend to be police? Refused to identify themselves? What ICE agents said Lied to enter the home, intimidated anyone, or used verbal/physical force? Whether consent was given Reaction if no consent to enter/search

139 WHERE DO I REPORT A RAID? In New York, call IDP: In California, call TRUST hotline: In other states, call United We Dream: or find local hotlines

140 Won t it appear suspicious if I don t answer their questions? I have nothing to hide!

141 Will deleting photos, social media, other personal information protect me?

142 STRATEGIES FOR TRAINING COMMUNITY MEMBERS p. I Tailor it to your audience. Reach out to local orgs for local practices Create audience-participation role plays* Practice invoking rights & refusing to give information Crowdsource responses to questions Create a plan for answering unexpected questions *think through how to do this ahead of time without triggering audience

143 STRATEGIES FOR TRAINING COMMUNITY MEMBERS p. II Discuss community defense strategies Create a list of resources Incorporate materials on emergency planning (child care, medical, financial) Encourage people who may be at risk to get screened by trusted agencies/advocates

144 OTHER QUESTIONS?

145 LOOKING FOR KYR MATERIALS AND RESOURCES? For IDP s updated training & community education

146 MORE QUESTIONS WHILE PREPARING A LAW ENFORCEMENT CONTACT TRAINING? For CLEAR s updated training & community education resources: cunyclear.org/links-materials/

147 WANT TO LEARN MORE ABOUT CCR? For more information about our

148 WHAT IF I'M PICKED UP BY ICE PREPARING FOR THE POSSIBILITY OF BEING DETAINED, DEPORTED, AND SEPARATED FROM YOUR CHILDREN Please feel free to distribute this guide to any individuals or organizations that it might help. Created by Steptoe & Johnson LLP, with tremendous thanks to AYUDA, the Children's Law Center, and the Capital Area Immigrant Rights Coalition for their utterly crucial assistance. And with great appreciation to Lindsay Marshall, Lauren Dasse, Laurie Melrood, and Cindy Schlosser, who were all absolutely essential in the preparation of "What if I'm Picked Up By ICE in Arizona." And thanks to Global Community in Action for assistance with the Spanish language translation assistance Steptoe & Johnson LLP This Guide is not intended to provide legal advice and use of this Guide does not create an attorney-client relationship with Steptoe & Johnson LLP, Ayuda, the Children s Laws Center, or the Capital Immigrant Rights Coalition.

149 TABLE OF CONTENTS Page 1 Purpose Of This Guide PART 1 STEPS TO TAKE NOW TO AVOID LOSING CUSTODY OF YOUR CHILDREN IF YOU ARE DETAINED BY ICE Page 2 Page 2 Page 3 Page 4 Page 4 Page 5 Page 5 Make a Plan Now Identify A Caretaker For Your Children Have A Conversation With The Person Who You Have Identified Giving Your Designated Caregiver The Legal Authority Needed To Care For Your Children If You Are Picked Up By Ice Prepare A Financial Power Of Attorney Making An Emergency Contact Sheet Gathering Important Documents In One Place PART 2 HOW TO PROTECT YOUR PARENTAL RIGHTS IF YOU ARE PICKED UP BY ICE APPREHENSION Page 6 Page 7 Page 7 I've Been Picked Up by ICE, Now What Should I Do? What Is An "A Number?" What Can I Do To Get Released Right Away? DETENTION Page 8 Page 8 What if I Am Not Released? Will I Have a Lawyer To Help Me Keep My Children?

150 Page 9 How Can You Find A Person Who Has Been Detained By ICE? Page 9 Page 9 Page 9 Page 10 Page 10 Page 11 Page 11 Page 12 Page 12 What Is The Role Of The Deportation Officer? How Do I Find An Immigration Attorney? Might I be Able to Get a Bond After I'm Detained? How Do I Request A Bond Hearing? Are There Other Ways I Can Be Released from Detention? What If I Am Told To Sign For My Deportation? How Does The Immigration Court Process Work And How Do I Fight My Case? What Can I Do from Detention To Try To Keep My Kids? Will My Children Be Able To Visit Me In Detention? DEPORTATION Page 13 Can I Take My Children With Me If I Am Deported? PART 3 SAMPLE FORMS, INFORMATION SHEETS, AND OTHER RESOURCES Page 16 Page 17 Page 18 Page 19 Page 19 Page 20 Page 21 Page 22 Important Information About Each Of Your Children Medical Information Sheet School, Activity, And Church Information Sheet Helpful Things To Know About My Child Names, Phone Numbers, Addresses of Family, Friends, Neighbors Emergency Contact Sheet For Designated Caretaker Emergency Contact Sheet For People Other Than Designated Caretaker Certificate Of Translation

151 IT IS BEST TO READ THIS WHOLE GUIDE BECAUSE YOUR QUESTIONS MAY BE ANSWERED IN DIFFERENT SECTIONS!

152 PURPOSE OF THIS GUIDE If you are an immigrant parent, this guide was written for you. Its purpose is to give you an understanding of the immigration and child welfare systems, and to help you plan so you do not lose rights over your children if you are apprehended by Immigration and Customs Enforcement (ICE). The best thing you can do to make sure your family stays together is to have information and be prepared! This guide is designed to help you do this. It was prepared by a small group of volunteer lawyers, advocates, and family law and immigration experts. Generally speaking, you do not need to hire an attorney to follow the planning described in this guide. However, we recommend that you consult with an experienced immigration lawyer and family law attorney to best understand your individual options, especially if the local child welfare agency has been involved with your family in the past, or if you have been arrested, charged, or convicted of an offense. The information presented in this guide is designed to help YOU understand the system and plan for your family, but does not provide legal advice. 1

153 PART 1 STEPS TO TAKE NOW TO AVOID LOSING CUSTODY OF YOUR CHILDREN IF YOU ARE DETAINED BY ICE Make a Plan! If you do not have permanent lawful status in the United States, or if you have lawful status but have been charged with or convicted of an offense, you may be at risk of being detained by ICE. It is important that you make plans for the care of your children now. If you have not made any plans, it is more likely that your children will end up in the foster care system if you are picked up by ICE or if you are arrested on a criminal charge. You must be prepared to advocate for yourself and for your family as soon as you are detained by ICE or law enforcement, and this guide is an excellent place to start. This section focuses on what you should be doing TODAY to make emergency plans for your children so you don't permanently lose custody of them if you are detained or deported. Identify A Caretaker For Your Children A caretaker is a term often used in the US to describe a person who you would ask to take care of your children if something were to happen to you. Most parents already have a person like this in mind, but they don't always make formal plans to assign this person as the official, or "designated," caretaker for their children. Follow these steps to put a plan in place for your children's care in case you are picked up by ICE. The designated caretaker for your children can be anyone of your choosing. This includes your spouse or the other parent of your children, but does not need to be that person. The designated caretaker may also be your mother or father, or your aunt or uncle, brother or sister, or other relatives. They may be a god parent or a close family friend or neighbor. You may have several possible caretakers in mind. If you have more than one child you may want to identify different possible designated caretakers for different children. Ideally, your designated caretaker will be able to pick up your children right away if you are taken into custody, to avoid having the local child welfare agency take custody of them. 2

154 Have A Conversation With The Person Who You Have Identified After you identify a person to ask to be the designated caretaker of your children, the next step is to have a conversation with her. There are many important things to discuss with your designated caretaker to make sure you both are in agreement with the plans. Make sure she understands what kind of commitment she is making to care for your children if you are picked up by ICE. Make sure your designated caretaker is willing and able to care for your children for an indefinite period of time. Immigration and family law cases can take months, and sometimes years, to resolve, and you want to be sure your children are in a stable home for the entire time. Here are some questions you should think through and ask your possible designated caretaker when discussing whether she is willing and able to take care of your children if you are picked up by ICE. How long will she be able to take care of your children? You both may think a situation will only last a few days or weeks, but unfortunately, immigration and family court proceedings can often last months, or in some cases, years. If you are deported, your children may need to stay in the care of the designated caretaker for an even longer time. It is best to make a plan that assumes your designated caretaker will take care of your children for a long time. Sadly, many children end up in foster care because the designated caretaker only planned to take care of them for a few weeks, and was not able to keep them any longer. How much will it cost to take care of your children? Every day, your children will need food, shelter, transportation, medical care, and personal items, like books and clothing. The designated caretaker may be able to obtain public assistance (and health insurance for your children if they are uninsured). But if not, will the designated caretaker be financially able to provide for your children? Are you able to set money and resources aside to help your designated caretaker in caring for your children if you are picked up by ICE? Is there someone else, such as a relative, friend, or pastor, who could contribute money for the needs of your children? Who else is in the household? Do you know everyone who lives in your designated caretaker's home? You need to make sure you are comfortable with everyone who will have day-to-day contact with your children. If an adult member of the household has a criminal record or has had a case involving the abuse or neglect of a child in the past, your children may not be allowed to stay in that household. Will there be adequate supervision? Does the designated caretaker work? Find out who will be watching your children when she is at work. If your children attend school or daycare, who will drop them off in the morning and pick them up at the end of the day? You need to make sure your children will be supervised. Make sure the designated caretaker's home is safe for children the ages of your children. Does your designated caretaker know of any special medical needs that any of your children have? You should provide the designated caretaker with the contact information for your children's doctor or medical provider, and a photocopy of each of their Medicaid or other insurance cards. If any of your children are on medication, the designated caretaker should know the name of the medicine, why the child is taking it, where you keep it, the dose, how often it is taken, and where the medicines are purchased. 3

155 Does your designated caretaker know which school your children attend? Will she be able to keep your children in that same school? The designated caretaker may eventually need to establish that she has the legal authority to register the children in a school different from the one they were attending, or if one of the children moves on to middle or high school while in the designated caretaker's care. Make sure that you have put your designated caretaker's name, and the name of an emergency backup person, on the list of people authorized to pick your children up from school or daycare. Does My Designated Caretaker Have To Have Immigration Papers? It may not be required for your designated caretaker to have legal status to care for your children. But remember, the goal is stability and safety for your children, and there is always the risk that a person without legal status will be forced to leave the United States, so it is suggested that the designated caretaker have legal status whether or not it is required where you live. Giving Your Designated Caretaker The Legal Authority Needed To Care For Your Children If You Are Picked Up by ICE Different states have different procedures and forms or documents to be used by a parent to give a designated caretaker the legal authority to care for her children. In some states, it may be necessary for a parent to go to court to get an order from a judge to give another person custody and decision-making authority over her children. But in the majority of states, a parent can prepare a document that, on a temporary basis, can give a designated caretaker custody and decision-making authority over her children. The decisionmaking authority can be general or it can be over only specific things that are stated in the document. The document can also specify when it would go into effect (such as if the parent is taken into immigration detention) and when it would no longer be in effect (such as when the parent is released from custody). This would be a private agreement between the parent and the designated caretaker. It would not require going to court and getting a judge's approval or a court order. However, whether or not it is required, it nonetheless should be notarized. Speak with a family law attorney about steps you should take to possibly avoid having your children go into foster care if you are picked up by ICE. Prepare A Financial Power Of Attorney A Financial Power of Attorney (FPOA) is a document that gives another person temporary power to make decisions about your property and assets. You should consider creating a Financial Power of Attorney to make sure that someone trusted has access to your bank accounts and other property, and who will make sure that your rent and other bills gets paid, that there is money to pay for basic care of your children, and that other financial obligations are met if you are detained. The person who you authorize to have Financial Power of Attorney can be any trusted adult. It can be your designated caretaker, but does not have to be. A Financial Power of Attorney is a private agreement between you and another person, and is not a court order. You have the power to cancel or revoke the FPOA at any time. Different states have different forms and requirements needed in order to create a Financial Power of Attorney. 4

156 Making An Emergency Contact Sheet Because most parents are apprehended by ICE unexpectedly, it is a good idea to create an emergency contact sheet that your children, your designated caretaker, and any other family members or friends who may be able to care for your children, can keep in their wallets, purses, or backpacks. It should include the name, address, and phone number of your children's school, as well as the name, address, and phone number of places where your children are likely to be if they're not at home, in school, or at daycare when you are apprehended. The sheet should also have the names and phone numbers of all the other individuals who you plan to give an emergency contact sheet to, so they can communicate and coordinate with each other if necessary. Everyone listed on the sheet should know about your caretaker plans for your children if you are picked up by ICE. A sample emergency contact sheet is included in Part 3 of this guide. Make sure that you have put the names of your designated caretaker and emergency contact (and others as an extra backup, if you like) on the list of people authorized to pick your children up from school or daycare. If you are worried about being picked up by ICE with the contact information in your possession of people who do not have lawful immigration status, you could also set up a plan to make a telephone call to someone else, with legal status, who has this information in a safe place, and who could then contact the people on the emergency contact sheet. Gathering Important Documents In One Place You should have all of your important documents in a file or a plastic bag in a safe place, as well as an electronic copy if possible. You should have a separate file for each of your children. It should include a photocopy of each important document, even if the information is the same for some or all of your children. A list of the important documents to collect can be found in Part 3 of this guide. Make sure you have each of your children's birth certificates, even if they were born outside of the US. If your children do not have a passport, you should get a passport for each of your children as soon as possible. If your children were born in the United States, you can find information about how to obtain a passport at or you can apply at some US Post Offices. If your children were born in another country, check with your embassy or consulate for more information about obtaining a passport. Your designated caretaker or others in your household, such as an older child, should know exactly where this folder is stored, so if your designated caretaker does not have her set of documents readily available, she can get them quickly if you are picked up by ICE. 5

157 PART 2 HOW TO PROTECT YOUR PARENTAL RIGHTS IF YOU ARE PICKED UP BY ICE Part 1 talked about steps to take NOW to prevent your children from being taken into custody by the local child welfare agency in case you are picked up by ICE. Part 2 is about what to do if you ACTUALLY are picked up by ICE, separated from your children, and facing time in detention with the possibility of deportation. In Part 2, we talk about protecting your parental rights. These are your rights as a parent to make decisions about the care and wellbeing of your children, including who they live with. Even though the government may be trying to deport you, YOU still have the right to make these decisions for your children, whether your children are US citizens or not. YOU must always advocate strongly for yourself as their parent. Start now by gathering information and being prepared for the worst circumstances. You will learn about the three main parts of the detention and deportation process, and how to advocate for your family during the process: apprehension by ICE; detention and the Immigration Court process; and deportation. APPREHENSION I've Been Picked Up By ICE, Now What Should I Do? Most people are apprehended by ICE very unexpectedly. An ICE officer may show up at your workplace or home without any warning. Tell the ICE officer that you have children, that you will comply with their requirements if they release you, and to please not take you away from your children. If they do detain you, explain this to every ICE officer you meet. 6

158 If your children are with you when ICE shows up, you are in the best position to convince the officer that you must make a phone call immediately; you need to tell the ICE officers that you have to call someone who can come take care of your children so they will not be left alone and be taken into the custody of the local child welfare agency. If your children are not with you at the time you are picked up by ICE, tell the ICE officer immediately that you have children, and that you need to make a phone call to ensure they are safe and taken care of. ICE should let you make a telephone call to your designated caretaker or emergency contact shortly after you are arrested so you can tell her that you are in custody, and she should follow the emergency plans you have in place for your children. If you are told that you can't make a telephone call because of security reasons, be sure to say again and again that you need to make a call to make plans for your children so that they are safe. What is An "A Number"? After you are apprehended, you will be assigned an alien registration number or A Number (your existing A number will be used if you already have one). This is the identification number for your immigration case and will follow you through your whole immigration process. It is very important to write down this number and give it to your designated caretaker, relatives, and close friends -- either over the telephone or by writing them a letter. Generally, the only way your designated caretaker and others will be able to get information about where you are detained and about your case is if they have your A Number. What Can I Do To Get Released Right Away? It is likely that you will spend at least a few days in an ICE detention facility during which time you may not have access to family members. This is sometimes referred to as being in holding, and happens while ICE decides what to do about your case. Your access to a telephone may be very limited, and you may be told little or nothing about what will happen to you. ICE officers have discretion to handle your release as they see fit under the circumstances. ICE may decide to release you to the community on your own recognizance (which means that you promise to come to court on the date you are given) or with a low money bond, if there is evidence that you have strong ties to the United States (like US citizen children), and that you are not a danger to the community or a flight risk. Therefore, it is extremely important that you keep photocopies of documents that show you have strong ties to the US, such as: - birth certificates for your children born in the US - evidence that your children have lawful status in the US, such as Deferred Action for Childhood Arrivals (DACA), if that is the case - school records for your children 7

159 - your children's medical records -- especially if your children have any medical conditions that need ongoing medical care - any and all evidence that you have been in the US for a long time, like tax records, bills, bank account records, medical records, car payments, rental agreements, utility bills, etc. - letters from family and friends that can vouch for your good character and how long you have been in the US Never use original documents! You will not get them back! This is especially important with documents that show a record of your life in the US. You should be sure to keep an organized set of photocopies of ALL of these documents in a safe place in your home in case you are detained. Also make an electronic copy if possible. Make sure a trusted person knows where they are so she can bring them to the ICE office where you are being held. You should have any documents that are not in English translated into English by a certified translator. Include a Certificate of Translation issued by the translator for each translated document. A sample Certificate of Translation can be found in Part 3 of this guide. If you are released, you will be given paperwork with the date and place where you must show up for a hearing in Immigration Court. You must not miss this hearing. If you don't yet have a lawyer when you go for your hearing, you can ask the Immigration Court Judge for more time to find a lawyer. If you miss this hearing, the Immigration Court Judge can order you deported for failing to appear. DETENTION What If I Am Not Released? If you are not released, you will be taken to an immigration detention center for further processing, and to await an Immigration Court hearing. While it is still possible ICE may release you, it is less likely at this point, and you are probably facing days, weeks, or longer in detention. ICE may also set a bond for your release and tell you the amount you need to pay. If ICE does not set a bond amount, you can ask the Immigration Court Judge for a bond when you have your first hearing. The same documents you showed ICE (listed above) can be submitted to the Immigration Court Judge to request a bond (more on bonds later). Will I Have A Lawyer To Help Me Keep My Children? You should ask the court to appoint a family law attorney to represent you, but whether or not you will be appointed a lawyer paid for by the court to help you protect your rights as a parent depends on the state where you live. You can, of course, hire an attorney yourself if you are not appointed one by the court, or if you wish to have an attorney of your own choosing to represent you. If you cannot afford a family law attorney, you may be able to get a family law attorney from 8

160 a nonprofit legal aid organization for free. Unfortunately, there are many more people who need family law attorneys than there are legal aid attorneys to help them. How Can You Find A Person Who Has Been Detained By ICE? There is a webpage that can be used to locate people detained by ICE, called the "ICE detainee locator": To use this website, it is necessary to have the exact spelling of the person's name as it was spelled by ICE (even if it was spelled incorrectly) and the person's date of birth and country of origin, or the person's A number, which is the identification number used in the immigration process. This is one way that family members may be able to locate you if you are detained by ICE. What Is The Role Of The Deportation Officer? You will be assigned a Deportation Officer. You should tell your Deportation Officer right away about your children and your concerns about who will take care of them if you are not released. Your Deportation Officer works for ICE and is in charge of you while you are in detention. This officer should meet with you regularly while you are in detention. The officer's role is to process your deportation. Because she works for ICE, your Deportation Officer is not in a position to give you helpful advice about your immigration case. How Do I Find An Immigration Attorney? Because you are being apprehended by ICE under civil law and not criminal law, the government will not provide you with an immigration attorney. If you cannot afford an immigration attorney, you may be able to get an immigration attorney from a nonprofit legal aid organization for free. But as with family law attorneys, there are many more people who need immigration attorneys than there are legal aid attorneys to help them. If you are unable to get a free attorney, you will have to hire and pay for a private attorney, or have your family hire and pay for one for you. However, if you are unable to get an attorney, you will not be alone. Most people in immigration detention end up fighting their cases without an immigration attorney. Be aware of fraud or misrepresentations by immigration attorneys. There are many good immigration lawyers. Unfortunately, there are others who take advantage of people in detention. Some immigration attorneys will take your money even though there is little they can do to help you under the law. If you or a member of your family is going to hire a private immigration attorney to represent you, do your homework and ask the immigration attorney for a few references you can call to find out about the quality of their services. Also, do not hire a "notario" to be your lawyer or legal representative. In the United States, a "notario" is not necessarily a qualified attorney. In certain Latin American countries, a "notario" is the term for someone who does actually have legal training and experience. But in the US, a "notario" is not a lawyer; a "notario" is simply a "notary public" (someone who notarizes, or authenticates, the signature on a document). No legal training is required. Might I Be Able To Get An Immigration Bond After I Am Detained? You may still have a chance to pay a money bond to be released after you have been detained. Not everyone is eligible for a bond, so you should ask your Deportation Officer or immigration 9

161 attorney if a bond has been set for you. If you can get released, you will be able to continue to care for your children yourself while you await your Immigration Court hearing. The bond will likely be several thousands of dollars, or more. You will need to pay the full amount of the bond at one time in order to be released. As part of making a plan in case you're picked up by ICE, you should think about how you or your family members may be able to pay a bond if you are detained. You might consider saving up money so you can pay cash for your bond. It is also possible to finance your bond through a bail bond company; but be careful if you use a bail bond company, as they sometimes require you to pay large amounts of interest or to wear an ankle shackle once you are released. How Do I Request A Bond Hearing? If you aren't sure if a bond has already been set for you, you should ask the Immigration Court Judge for a bond hearing. Be sure to tell the Immigration Court Judge about your children and your need to be released to take care of them and keep custody of them. At the hearing, you should present photocopies of documents talked about previously to show you are not a danger to the community or a flight risk, such as: - birth certificates for your children born in the US - evidence that your children have lawful status in the US, such as Deferred Action for Childhood Arrivals (DACA), if that is the case - school records for your children - your children's medical records -- especially if your children have any medical conditions that need ongoing medical care - any and all evidence that you have been in the US for a long time, like tax records, bills, bank account records, medical records, car payments, rental agreements, utility bills, etc. - letters from family and friends that can vouch for your good character and how long you have been in the US As stated before, do not use original documents because you cannot expect to get them back! And you should have any documents that are not in English translated into English by a certified translator. Include a Certificate of Translation issued by the translator for each translated document. A sample Certificate of Translation can be found in Part 3 of this guide. Are There Other Ways I Can Be Released From Detention? Humanitarian Parole and Prosecutorial Discretion are requests to be released from detention based on your case not being a high priority for ICE and because you are not the kind of person they should detain -- that you don't have a criminal record and you do have children you need to take care of in the US. If you might qualify, you can tell your Deportation Officer and the Immigration Court Judge that you want to ask for Humanitarian Parole and Prosecutorial Discretion to be released from detention, or to have the case against you dismissed. You can use the same documents (listed above) to request Humanitarian Parole and Prosecutorial Discretion as you use to request a bond. Again, make sure to only give photocopies of these documents to your Deportation Office or to the Immigration Court Judge and to keep the originals in a safe place. 10

162 What If I Am Told To Sign For My Deportation? From the time you are detained by ICE, officers may present you with paperwork to sign. This paperwork may be presented to you multiple times, and by different officers. You may be told that you have no case; that you must sign for your deportation; that you will face years in jail if you don't sign right away; and that you will never see your children again. An officer may even try to physically force you to sign the paperwork. Many parents report pressure to sign paperwork without understanding what it is. If you sign these documents and accept deportation, it will be virtually impossible for you to come back to the US and then fight to get your children back. You have the right to refuse to sign any document accepting deportation. This may be a difficult decision, as it will mean accepting additional time in detention, but if you sign for your deportation you will not be able to present your case to an Immigration Court Judge. However, if you are presented with a document that says that you will be released on your own recognizance (which means that you promise to come to court on the date you are given), you should sign that so you can be released. But before you sign, you must make sure it is explained to you in your native language if you do not fully understand English! How Does The Immigration Court Process Work And How Do I Fight My Case? You may be detained for weeks before you have your first appearance before an Immigration Court Judge, which is called a Master Calendar Hearing. There will be other immigrants like you at this hearing, and you may be called individually or as a group to speak with the Immigration Court Judge. You will be asked what language you prefer to have your hearing in. An interpreter will be available at this hearing for you if you speak Spanish. If you speak another language, including an indigenous language, the Immigration Court Judge will use an interpreter by telephone. If you cannot understand the interpreter, it is very important to tell this to the Immigration Court Judge, and to make sure the interpreter is changed to someone you can speak clearly with. 11

163 If you don't have an immigration attorney, the Immigration Court Judge will probably ask you at this first hearing if you want more time to find an immigration attorney. It can be a good idea to ask for more time to find an immigration attorney, especially if you haven't been able to speak to your family; if you think you may be able to pay a bond that has already been set or are trying to get a bond set; or if you may get an immigration attorney. After this first hearing, you will be scheduled for at least one more Master Calendar Hearing, where the Immigration Court Judge will ask you if you are applying for any form of legal relief or filing an application with the Immigration Court seeking to stay in the US. All of these phrases will refer to whether you are going to fight your deportation in Immigration Court. If you have hired a private immigration attorney or have a legal aid immigration attorney, you will get more information about whether you have a basis under the law to fight your deportation in Immigration Court. If you fight your deportation in Immigration Court, you will probably have a Merits Hearing or Individual Hearing, which is where you will present your case to the Immigration Court Judge through evidence, witnesses, and your own testimony. Every case is different, but people can be detained for many, many months as they go through this Immigration Court process. This may seem very daunting and even impossible for you to accept, especially since you will be separated from your children the whole time. But it is very important to understand that this will be your ONLY chance to fight your deportation. If you accept deportation at a Master Calendar Hearing, or with the Deportation Officer, it will be virtually impossible for you to come back to the US later to fight to get your children back (though you may be able to bring your children to your home country after your deportation -- more on that later). What Can I Do From Detention To Try To Keep My Kids? You should stay as involved with your children as much as possible. You should write letters to them frequently, and make notes on everything you send to them. Try to speak with your children on the phone as often as you can, and take notes on what you and your children talk about. You are allowed to receive letters and pictures from your children while you're in detention, and save everything you receive. Do all that you can to find out about how your children are doing in school, if they've been having any health or emotional problems, and what kinds of activities they're participating in. Will My Children Be Able To Visit Me In Detention? Whether or not your children will be able to visit you in the detention facility will depend on whether your children are with your designated caretaker or some other friend or family member, or if they have been placed in the foster care system. If your children are with your designated caretaker (and you think it would not be traumatic for them to see you in detention), they will be able to visit. If your children are in the foster care system, it will be up to the Judge in charge of the foster care case. 12

164 ICE will permit minor children to visit even without a Social Security number and regardless of their citizenship status. Adults may have to provide their date of birth and Social Security number, and be approved prior to the visit. It is important that the adults accompanying your children have legal status in the US -- otherwise they can be detained by ICE at the facility, even if they are only there to visit you. Visits with your children will be "non-contact." This means you will see your children through a window and will be able to speak with them by phone, but you will not be able to hug or touch your children. You will also not be able to give them anything or receive anything from them, but they can show you pictures through the window. These visits are not private; other people may have visits at the same time and you may be able to hear their conversations and they may be able to hear yours. These visits may be very sad, but are an important part of maintaining your involvement as a parent so you don't lose your rights to your children. DEPORTATION Can I Take My Children With Me If I Am Deported? If you sign for your deportation or the Immigration Court Judge orders your deportation, you will NOT be allowed to take your children with you at the time of your deportation, and you will not be given time to make arrangements for your children. This is why it is so important to plan and to think through your options prior to deportation. If you are from Mexico, you will likely be sent back on the same day you are ordered deported, whether you voluntarily sign for your deportation or whether an Immigration Court Judge orders you to be deported. If you do have the opportunity to talk with your Consulate, you should inform them about your children, and ask for assistance in making travel arrangements for your children if you want them to relocate with you. The Consulate can assist with travel arrangements. However, if your children are in the foster care system, the judge will decide whether or not your children will be allowed to relocate to your home country. Your children will need a passport in order to travel outside of the United States. If your children do not have a passport 13

165 and they are a United States Citizen, it is important to help your children get a passport NOW, because getting a passport for them is very difficult if you are no longer in the United States. If both parents are in close contact with the children, both must consent to the issuance of the passport for a child under the age of 16. The parents must submit an application form, along with the child's birth certificate and proof of the parents' legal relationship to the child. The process must be completed in person. For more information, you should contact the US State Department. At times, you may feel sad, lonely, or depressed when thinking about your children. This is normal. Write down your feelings and thoughts, make drawings, read a book, do some crafts, write a poem, or do something that makes you feel good, and keep it for the day when you will be with them again. Write your children a letter, if you can do so without making them worry about you. You may even want to write your children a letter to tell them how you are feeling, but save the letter to give to them in the future when you are together again. For your children's sake, be cheerful, let them know how much they mean to you, and that they should stay healthy and happy. Keep on fighting for your children and stay in touch with them. Your family will be proud that you did not give up hope. Don't give up! 14