Legal Aid Society of Metropolitan Family Services

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Presentation transcript:

Legal Aid Society of Metropolitan Family Services Immigration Issues Safety Planning and Advocacy Updates Miguel C. Keberlein Gutiérrez | Executive Director Legal Aid Society of Metropolitan Family Services Phone: 312.986.4180 | keberleinm@metrofamily.org One North Dearborn, Suite 1000 | Chicago, IL 60602 https://www.metrofamily.org/legal-aid/ 2018 Joint CIG Dissemination Event

2018 Joint CIG Dissemination Event All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. 2018 Joint CIG Dissemination Event

Encountering Immigration Agents (General Principles) DO Give your correct and full name (generally) State that you do not wish to speak with the agents Ask for a translator (if needed) Ask for a lawyer DO NOT Lie or give false names Give information about your immigration status or situation Answer questions without speaking with an attorney Sign any paperwork (that you do not understand) Show false/fake documents 2018 Joint CIG Dissemination Event

Encountering Immigration Agents in the Home Immigration Agents can enter your home in two circumstances They have a warrant signed by a federal judge They have permission to enter 2018 Joint CIG Dissemination Event

Encountering Immigration Agents in the Workplace Remember that you have the right to remain silent DO NOT give information about your immigration status or where you were born Ask if you are free to go, if yes, then calmly walk away Encourage employer to adopt policy of requiring a judicially certified warrant prior to allowing ICE agents to access the workplace 2018 Joint CIG Dissemination Event

Encountering Local and State Law Enforcement (General Principles) Ordinarily, local and state law enforcement can only make a stop or arrest for criminal violations Stops may not be initiated or prolonged solely on the suspicion that an individual is violating civil immigration laws Similarly, ICE detainers do not, in and of themselves, authorize continued detention of individual clients As a general rule, it is not a crime for a removable alien to remain present in the United States… If the police stop someone based on nothing more than possible removability, the usual predicate for an arrest is absent Arizona v. United States, 132 S.Ct. 2492, 2505 (2012) 2018 Joint CIG Dissemination Event

2018 Joint CIG Dissemination Event General Preparedness Keep a copy of your immigration documents in your house and a copy with someone who you trust Memorize your A# (if you have one) and share with your family Consider naturalizing (if an option) Keep important information in a central location and let your family members know where it is 2018 Joint CIG Dissemination Event

2018 Joint CIG Dissemination Event Family Preparedness Make a plan for your children in case you are detained Be ready with your children’s passports If possible, try to obtain dual citizenship for your children Register with the consulate Consider getting a Power of Attorney 2018 Joint CIG Dissemination Event

2018 Joint CIG Dissemination Event Sensitive Locations ICE and CBP have identified 4 categories of “Sensitive Locations” where they generally do not conduct immigration enforcement actions Schools Hospitals Religious institutions (i.e. churches, synagogues, mosques, etc.) Public religious ceremonies (weddings and funerals) 2018 Joint CIG Dissemination Event

ICE Detainee Locator System Immigration Legal Resource Center Resources ICE Detainee Locator System http://locator.ice.gov ICIRR Family Support Hotline 1-HELP-MY-FAMILY (1-855-435-7613) ACLU https://www.aclu.org/know-your-rights Immigration Legal Resource Center https://www.ilrc.org/community-resources 2018 Joint CIG Dissemination Event

Legal Aid Society of Metropolitan Family Services https://www.facebook.com/MetroFamChicago https://twitter.com/metrofamchicago/ https://www.instagram.com/metrofamchicago/ Miguel C. Keberlein Gutiérrez | Executive Director Legal Aid Society of Metropolitan Family Services Phone: 312.986.4180 | keberleinm@metrofamily.org One North Dearborn, Suite 1000 | Chicago, IL 60602 https://www.metrofamily.org/legal-aid/