Introduction

I have practiced immigration law for 15 years in Washington D.C. I attended American University Washington College of Law and spent 7 weeks studying law in Santiago, Chile.

I worked for the Immigration Court in Arlington, VA for two years during law school and then clerked at the Baltimore, MD Immigration Court after graduation. I was in private practice and worked for two faith-based nonprofit organizations. I took off 8 years to raise my two kids, who are now 19 and 21, both in college.

I practice immigration law because I believe lawyers should help people, not harm people and that public service is how I can use my legal skills to help others. I was responsible for finding lawyers for young kids crossing  the southern border for the Department of Health and Human Services and spent time on the border interviewing kids about their experiences in government custody.

This afternoon, I will be giving a Know Your Rights presentation because the US Constitution provides certain rights for everyone, regardless of immigration status.

Specifically, we will discuss what to do if an Immigration and Customs Enforcement (ICE) agent knocks on the door of your home and how to protect yourself if that happens. I will also discuss what to do if you are stopped by the police. We will then discuss how to create a Family Plan for families where some members have legal status and others do not have legal status. It is important to have these conversations NOW, before Jan. 20 when President-Elect Trump takes office. We will also discuss what documents each family member should have saved on their telephone and which documents may need to be created to safeguard your children, your home if you own it, and who has access to your bank accounts.

THE MOST IMPORTANT THING TO KNOW IS THAT YOU ARE NOT ALONE. THERE ARE PEOPLE IN LINCOLN COUNTY, SOME HERE TODAY AS WELL AS OTHERS, WHO SUPPORT YOU AND YOUR RIGHT TO BE A MEMBER OF OUR COMMUNITY. I HOPE THE LETTERS SENT BEFORE CHRISTMAS DO NOT CHANGE HOW SAFE YOU FEEL IN LINCOLN COUNTY BECAUSE WHOEVER WROTE THAT HATEFUL LETTER  DOES NOT SPEAK FOR ME, OR ANY OF COMMUNITY LEADERS AT THIS MEETING.

PART 1: ICE Agent knocks on the door of your home

There are multiple ways a person can come to the attention of ICE. Being undocumented is one way, but being convicted of a criminal offense, even 10-15 years ago, can make a person deportable. If you have applied for an immigration benefit, like asylum or Temporary Protected Status (TPS), the government has your address and could send an ICE agent to your home. Another way would be if you were working at the location of a raid and everyone at the jobsite had to prove their immigration status.

Unless you have a recent conviction for a crime or have recently crossed the border and been placed in removal proceedings, it is NOT LIKELY that an ICE agent will knock on your door. However if it does happen, you have rights and can speak respectfully to the person while protecting yourself and anyone who may be in your home at the time.

First, you have the right to remain silent. You CAN refuse to talk to an ICE agent. You DO NOT have to answer any questions about your birth place, your immigration status, or how and when you entered the U.S. Calmly state that you want to remain silent until you speak with a lawyer.

Second, you have the right to demand to see a warrant before letting anyone into your home. Do NOT open the door to an ICE agent who does not have a warrant. A warrant should be signed by a judge and show your correct name and address. Ask the ICE officer to slip the warrant under the door, rather than opening the door for the agent to show it to you.=

Third, you have the right to refuse to sign anything before you talk to a lawyer. THAT IS VERY IMPORTANT. Do not sign any paper because it can eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge.  That means you can be deported immediately without a hearing. The term used is “expedited removal” and it has meant several different things during different presidential administrations. During his last term, President-Elect Trump forced people seeking asylum at the southern border to remain in Mexico, called MPP (Migrant Protection Protocols) while waiting for their hearing. It is very likely he may attempt to do this a second time.

Fourth, you have the right to refuse to show any documents before speaking with a lawyer. It is important to carry certain documents and to NOT CARRY other documents. If you have a valid work permit as a DACA student, a person with TPS, an ongoing asylum case or a green card, you should carry it with you at all times. Every member of the family should make a copy of these immigration documents and also have a copy saved on their cell phone. If you do not have a valid work permit or a green card, you should carry a valid Oregon driver’s license or an Oregon ID card, IF it does not contain any information about your immigration status or your country of origin. DO NOT CARRY any false identification documents or any documents identifying your country of origin.

You should carry this red card that was on the table when you walked in. It explains in Spanish and in English that you wish to exercise your right to remain silent in case your are stopped by an ICE agent or police officer.

PART 2: What to do if a police officer stops you while driving?

You can show the police officer a valid driver’s license if he/she asks to see it and you can show the red card indicating you are exercising your right to remain silent. Please DO NOT drive if you do not have a valid license. Please DO NOT drink and drive or get high and drive. Make sure your taillights are working, that your license plate is up to date and that your have a copy of your car registration and your car insurance in the glove compartment. Please focus on making eye contact with the police officer and speak in a respectful tone. The police have a job to do and they do not want to be handling immigration issues. The police exist to keep the community safe. Even I get scared when I am pulled over by the police, but do not let FEAR change how you speak with a police officer. If you are taken to the police department and arrested, you do have the right to call a lawyer or family member. Please make sure you have that person’s phone number memorized because your cell phone may not be accessible when you are given the opportunity to make your phone call.

If you are given a speeding ticket or charged with another crime, you have the right to ask for the officer’s name and badge number. When your case goes to court, you will be mailed a notice of the court date and it is very important to show up to court. The same goes for immigration court. NEVER skip a court date because the consequences can be awful. If you skip an immigration court hearing, the judge can find you deportable because you are not there (in absentia). A criminal judge can hold you in contempt for not showing up for court and you may be found guilty in your absence depending on the level of crime.

PART 3: Creating a child care and family preparedness plan

1. Name
2. Address
3. Birth date
4. Two or Three people’s names, phone numbers and home address who can serve as emergency contacts for anyone in the family.
5. Copy of birth certificates of all family members (only a copy, not the original)
6. Passports for all family members if you have them.
7. Copies of A numbers for any family member who crossed the border and was apprehended by ICE. If ICE detains a parent, you will need to know the person’s A number, birth date and full name.
8. Complete a Caregiver Authorization Affidavit so another adult can care for your children temporarily if 1 or both parents are detained.
9. Make a list of all individuals who can pick up your child at school, who CANNOT pick up your child at school and make sure the school has updated phone numbers for the parents and emergency contacts. The school cannot release your child to someone who is not listed in the emergency contacts.

10. Make sure all adult members names are on the rental agreement so if 1 parent is detained, the other parent or grown children have the right to pay rent and remain in the residence.
11. Make sure all bank accounts contain the name of both parents and that both parents have a debit card, the checking account or savings account number and proof of the relationship of the people listed in the account.
12. Keep a copy of your marriage license with the family plan so it is easy to identify that the parents were married, and their names are reflected on the children’s birth certificates.
13. Copy of any allergies and medications each family member takes, including name and dose of medication and prescribing doctor.
14. List of sports/music lessons the children attend, the location of the lesson or game and let the coach know who can take your child to practice and pick up your child from practice.

Your To-Do List for the Next 2-3 Months

• Talk to an immigration attorney about your options.
• If you have a green card, find out if you can become a US citizen.
• If you are in the US on a visa, find out if you can get a green card.
• If you have no legal immigration status, find out if you are eligible for a visa or a work permit.
• If  you have been convicted of a crime in any state of the US, get a copy of your conviction record and find out how it may affect your immigration case and if there is a way to erase it-expungement.

Part 4: Possibilities President-Elect has already publicized to scare people

(This document was written before President Trump was inaugurated)

1. Mass deportations. This cannot happen immediately for 2 reasons. First it takes many ICE agents to find, arrest and process a person without documentation. If the government is going to arrest someone and detain them, there needs to be a bed available. In the US currently, there are 33,000 beds for detaining persons. President-Elect Trump will probably ask Congress to increase the number of beds, which takes money and time. None of this can happen overnight. Second, the home country must agree to accept the person and then a flight has to be arranged. ICE does not fly with half-full planes, so they will wait until they have enough people to fill an entire flight. As you may know, Venezuela and some other countries are not accepting their citizens back, so people from those countries could be detained for months. This could happen. Many farmers and businesses that depend on the work of immigrants to pick tomatoes, strawberries, work in poultry processing plants, etc. will protest if all of their workers are detained and deported. Not only will the cost of these products go up, but it will affect whole farming communities, restaurants, grocery stores, etc.
2. Building camps to detain people in Texas, California, Arizona and other states near the border who have acres of land not being used. This is happening now but the day each camp opens, there will be groups like the ACLU, Immigrant Legal Resource Center, La Raza and others who will file lawsuits. Lawsuits take time, which will slow the process down.
3. Taking away Birthright Citizenship. The 14^th Amendment of the US says, “All persons born or naturalized in the US and subject to the jurisdiction thereof, are citizens of the U.S and of the State wherein they reside.” 14^th The Citizenship Clause was adopted on July 9, 1868 and requires 2/3 of both the House of Representatives and the Senate, then ¾ of the state legislatures to ratify the language eliminating language in any of the US amendments to the Constitution. This includes Puerto Rico, the Marianas (Guam and the Northern Mariana Islands) and the US Virgin Islands. It does not include American Samoa.
4. Racial Profiling-this is against the Equal Protection Clause of the 14^th It creates distrust between the law enforcement community and everyone who is not white.