COMMUNITY NAVIGATOR 201 KNOW YOUR RIGHTS! Part of the Community Empowerment and Defense Initiative (CEDI) This presentation was shared by the Illinois.

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Presentation transcript:

COMMUNITY NAVIGATOR 201 KNOW YOUR RIGHTS! Part of the Community Empowerment and Defense Initiative (CEDI) This presentation was shared by the Illinois Coalition for Immigrant and Refugee Right (ICIRR), a member of the National Partnership for New Americans (NPNA)

More than 2 million people have been deported under the Obama Administration. More raids and arrests may be on their way. * statistics Alarming Numbers!

When President Obama announced DAPA and DACA+, he also announced the replacement of the “Secure Communities” program and the implementation on the “Priority Enforcement Program” (PEP). November 20, 2014

Priority Enforcement Program

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) : Significant misdemeanor convictions: DUI - driving under the influence of alcohol or drugs Domestic violence Gun-related Drug sale Sexual abuse Burglary (unlawful entry of a building + theft) Any other conviction if sentenced to 90 days or more in jail Three or more misdemeanor convictions of any kind, except minor traffic offenses or juvenile offenses Individuals apprehended anywhere in the United States after unlawfully entering or re-entering the United States and who cannot establish to the satisfaction of an immigration officer that they have been physically present in the United States continuously since January 1, 2014 Enforcement Priorities

Priority 3 (Other immigration violations): Immigrants who have been issued a final order of removal after January 1 st, 2014 According to Immigration and Customs Enforcement (ICE) those described in this priority, who are not also described in Priority 1 or 2, represent the third and lowest priority for apprehension and removal. They should generally be removed unless they qualify for asylum or another form of relief under our laws or, unless, in the judgment of an immigration officer, the individual is not a threat to the integrity of the immigration system or there are factors suggesting the individual should not be an enforcement priority. In January and May 2016, ICE began a campaign of raids targeting people from CENTRAL AMERICA with final removal orders Enforcement Priorities

KNOW YOUR RIGHTS * The contents of this presentation do not constitute legal advice. Consult an immigration attorney for legal advice. YOU HAVE THE RIGHT TO: REMAIN SILENT SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY In immigration it will be at your own expense REQUEST A LOCAL TELEPHONE CALL Memorize phone numbers of family/friends with legal status Immigrants have the right to call their consulate

▪ DON’T LIE. Tell the police you want to remain silent. DON’T give explanations, excuses, or stories. ▪ Do not claim to be a US Citizen if you are not! ▪ 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 WHAT NOT TO DO Know Your Rights: With Police

If stopped on the street: Tell the officer you do not wish to talk and walk away calmly Ask if you are free to go You may be required to give your name, but you aren’t required to answer any other questions Know Your Rights: With Police

If You Are Stopped In Your Vehicle: If you are a passenger, your rights are the same as if you were stopped in the street No one has to respond to questions The police cannot search without your permission unless they have probable cause to believe that a criminal activity is happening If you are the driver, you may be asked to provide driver’s license, registration and proof of insurance If you have no license, registration or insurance, it is very risky to drive. You could be arrested, detained and put into deportation proceedings Know Your Rights: With Police

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 ▪ ASK them to show you the warrant – Slide it under your door or hold it up to the window ▪If they try to force the door open: ▪Write down the agents’ badge numbers and the license plate numbers of their cars. 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. Know Your Rights: With Immigration/ICE

KNOW YOUR RIGHTS: WITH IMMIGRATION/ICE Sample Order by ICE

KNOW YOUR RIGHTS: WITH IMMIGRATION/ICE Sample Order by a Judge

Know Your Rights: With Immigration/ICE To find out if you have a deportation order: Call (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

IMMIGRATION 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. POLICE 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. ACTION ORGANIZE A KNOW YOUR RIGHTS SESSION ACTION Comparing Police and Immigration

HOW DO I DEFEAND MY RIGHTS? You have rights regardless of your immigration status! Learn/memorize basic vocabulary to defend your rights in English. Educate Have an Emergency Plan. Consult with an attorney/BIA organization. Prepare Contact your local immigrant rights organization Report BEWARE! ICE is using deceptive practices against our communities!

EDUCATE Basic vocabulary to exercise your rights: I wish to remain silent. I wish to speak with a lawyer as soon as possible. I do not consent to your entry or to your search of these premises. I will not sign any document I do not understand.

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! Have an Emergency Plan

Know Your Rights Video Video produced by CHIRLA

DACA 2012 Prosecutorial Discretion U visas for crime victims T visas for trafficking victims Family-based visas See an immigration lawyer or authorized non- profit to check if you might be eligible Immigration Relief

QUESTIONS? For more information please visit: ANTI-DEPORTATIONS TOOLKIT Deportation Defense 101 Tools to Defend Your Rights To Find Resources for Immigration Questions To Find An Immigration Lawyer Contact: #Not1More Campaign For information on detainees housed at an ICE facility