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Know Your Rights: Immigration Enforcement and Action Plan

Learn about your rights regardless of immigration status, create an action plan, find legal help, report incidents, and educate your community about immigration enforcement policies.

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Know Your Rights: Immigration Enforcement and Action Plan

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  1. Part of the Family Support Network Initiative Illinois Coalition for Immigrant and Refugee Rights Updated as of Feb. 20, 2017

  2. “First they came for the CommunistsAnd I did not speak outBecause I was not a Communist.Then they came for the SocialistsAnd I did not speak outBecause I was not a Socialist.Then they came for the trade unionistsAnd I did not speak outBecause I was not a trade unionist.Then they came for the JewsAnd I did not speak outBecause I was not a Jew.Then they came for meAnd there was no one left.” Martin Niemoller, Lutheran Pastor

  3. Educate • Learn about current immigration enforcement priorities. • Learn about your rights regardless of your immigration status! • Learn/memorize basic vocabulary to defend your rights in English! Goals of Today’s Meeting: Prepare • Startan Action Plan. • Identify an attorney/BIA organization that can help you. • Inform 1 or 2 TRUSTED friends/family of yourAction Plan Report • Learn to identify and report a hate crime. • Identify a local immigrant rights organization in my community. • Report any incidents with ICE to ICIRR’s Family Support Hotline.

  4. EDUCATE

  5. We Stand Together, We Rise Up Together President Donald Trump ran on a platform of islamophobia and hostility to immigrants. The policies his administration will continue to implement are varied but here is what you can do to educate yourself and your community: KNOW YOUR RIGHTS! NOTE: The information provided in this presentation DOES NOT constitute legal advice. Please consult with an immigration attorney or BIA Accredited Representative.

  6. Recent Executive Orders “Enhancing Public Safety in the Interior of the United States” and “Border Security and Immigration Enforcement Improvements” On January 25th President Trump signed two executive order affecting immigrants and refugees in- and outside of the United States:

  7. Executive Order: Interior Security Replacing the Priority Enforcement Program by reinstating the “Secure Communities” Program: Individuals affected by this change, anyone who has... • ...been convicted, charged or committed a criminal offense; • ...engaged in fraud or willful misrepresentation to a governmental agency; • ...abused any public benefits program; • ...not complied to a final order of removal. • ...posed a risk to national security How will they be implementing the order: • By hiring 10,000 additional immigration officers. • By using the Federal Privacy Act as means of inspecting US Citizens and LPRs • Reviving 287(g) contracts with local and state law enforcment Contact an immigration AND a criminal defense attorney if you have any convictions or charges ACTION

  8. Secure Communities Program Contact an immigration attorney right away! If this happens to you

  9. Executive Order: Border Security The order on Border Security affects the following: • Will hire 5,000 new Border Patrol agents • Invest in more detention facilities near the southern border. • MANDATORY detention of all immigrants apprehended and in removal proceedings • Expand the use of expedited removal for anyone that has been in the US for less than 2 years • Humanitarian parole is granted only on a case-by-case basis in accordance with the plain language of the statute. • Potential criminal prosecution for people who are apprehended entering or re-entering the country unlawfully. INFORM 1 TRUSTED FAMILY/FRIEND OF YOUR ACTION PLAN & REMEMBER THEIR PHONE # ACTION

  10. The US Constitution guarantees basic rights to ALL of the people of the United States--regardless of immigration status Your Rights! Law Enforcement= Police and Immigration ACTION INFORM 1 TRUSTED FAMILY/FRIEND OF YOUR ACTION PLAN & REMEMBER THEIR PHONE #

  11. Regardless of your immigration status, you have the right to: • REMAIN SILENT- Show your KYR Card! • SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY • Police/Court : Public Defender or your own attorney at your own expense. • Immigration Court : At your own expense • REQUEST A LOCAL TELEPHONE CALL • Memorize phone numbers of family/friends with legal status *Preferably someone who knows/has your Emergency Plan. • Contact your Consulate- List of consulates and phone numbers is available at detention centers. Your Rights! Law Enforcement= Police and Immigration ACTION INFORM 1 TRUSTED FAMILY/FRIEND OF YOUR ACTION PLAN & REMEMBER THEIR PHONE #

  12. What To Do: If you are in contact with law enforcement agents: • GIVE YOUR NAME AND BIRTHDATE. You are NOT required to give this information. You can choose to provide only this basic information to make it possible for family members to find you. You do NOT need to answer any further questions. • MEMORIZE YOUR ID NUMBERS: This includes your 9-digit A-Number, Jail ID # etc. → This will help your attorney or family to locate you easily. Usually written on wristband. • All detention centers provide a phone call; however, in immigration detention the charges may be billed to the inmate OR those receiving your call • ASK TO SPEAK TO AN ATTORNEY You have the right to an attorney. Disclose your immigration status ONLY to your attorney → This includes your Public Defender ACTION REPORT ANY INCIDENT TO OUR FAMILY SUPPORT HOTLINE, TAKE PICTURES/VIDEO!

  13. What NOT To Do: • DON’T LIE. Tell law enforcement agents 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 • TIP: Don’t hang any objects from your rearview mirror. It may provide a pretext for police to pull you over. ACTION REPORT ANY INCIDENT TO OUR FAMILY SUPPORT HOTLINE, TAKE PICTURES/VIDEO!

  14. 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. ACTION RECORD ENCOUNTER OR SET YOUR PHONE TO RECORD WHILE PLACED NEAR THE DOOR!

  15. Sample Warrant Signed by a Judge

  16. Sample Warrant Signed by a Judge (Cont’d)

  17. Sample ICE Warrant

  18. Sample ICE Warrant -Cont’d

  19. Comparing Police and Immigration IMMIGRATION Court: If you have court or supervision and you do not go Order of Removal 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 ACTION ORGANIZE A KNOW YOUR RIGHTS SESSION

  20. With Immigration/ICE To find out if you have a removal order: • Call 1-800-898-7180 (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 ACTION IN IMMIGRATION CUSTODY YOUR A# (9 DIGITS) IS ON YOUR ID OR WRISTBAND!

  21. Basic Vocabulary to Exercise Your Rights: I wish to remain silent. I wish to make a phone call. I wish to speak with a lawyer. I do not consent to your entry or search. I will not sign any document I do not understand. Am I under arrest? Am I free to leave?

  22. PREPARE

  23. Have an Action Plan • Choose a Responsible Person for the care of your children and your finances • 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! ACTION USE SAMPLE PLAN PACKET TO CREATE YOUR OWN!

  24. Seek Reputable Legal Help Who can give me give me/provide me immigration legal advice? • Licensed Attorney- Immigration law is federal, attorney can be licensed in any state. • IL Attorney Registration and Disciplinary Commission www.iardc.org • BIA Accredited Representative - Has to work/volunteer at a non-profit organization recognized by the Board of Immigration Appeals (BIA) • Full Accreditation: Allows the representative to represent the alien before DHS, Immigration Courts, and the Board for a period of three years (i.e.Immigration Benefits and Deportation Proceedings) • Partial Accreditation: Allows the representative to represent aliens before DHS for a period of three years. (i.e. Immigration Benefits) • BIA Roster of Organizations and Representatives: http://bit.do/biarep • Law students under supervision by an attorney Chicago: Department of Business Affairs & Consumer Protectionhttp://bit.do/chicagoreport Illinois: IL Attorney General's Office- Consumer Protection Division http://bit.do/ilreport Victim of Fraud?

  25. TIPS AND STRATEGIES to Avoid Fraud* 1.Get a recommendation 2.Check for credentials 3.Check for past disciplinary actions 4.Identify areas of expertise 5.Stay informed 6.Get a written contract 7.Keep copies NOTARIOS ARE NOT ATTORNEYS AND ARE NOT AUTHORIZED TO GIVE LEGAL ADVICE! *Information provided by adminrelief.org BEWARE!

  26. REPORT

  27. Hate Crimes • Under IL Law: • “a person commits a hate crime by committing an assault, battery, theft, criminal trespass to residence, criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, or harassment by telephone or electronic communication because of the victim’s actual (or perceived) race, color, creed, religion, ancestry, gender, sexual orientation, disability, or national origin.” • An important difference to recognize is that Hate Crime doesn’t always involve Hate Speech and Hate Speech in and of itself is not always a Hate Crime. • If you are the victim of a hate crime: • Report it (see below) • Write down a description of incident • Record it/ take picture (if it is safe to do so) • Do not put yourself at further risk REPORT IT: COOK COUNTY: 773-674-HELP(4357) ILLINOIS: 1-877-581-3692 Don’t forget to report it to you local community organization!

  28. Do I Have the Right to Record Interactions with Police/ICE? You have a right to film or photograph police officers in: • Public places • Your property • This extends to other law enforcement, such as sheriff’s deputies, state police, or ICE agents TIP: A law enforcement officer may not confiscate or demand to view your digital photographs or video without a warrant.

  29. Family Support Hotline What is the Family Support Network Hotline? • Toll-free hotline offers help to Illinois families facing deportation. • The hotline is staffed by trained volunteers who will listen to families and offer referrals to lawyers, social service agencies, pastors, and other community supporters. • The hotline is staffed in English, Spanish, Polish and Korean. 1-855-HELP-MY-Family 1-855-435-7693 ACTION: REPORT ANY ICE ACTIVITY TO THE HOTLINE BECOME A COMMUNITY NAVIGATOR!

  30. Questions? • For more information please visit: www.icirr.org/protection • Contact (PERSON) – (POSITION) EMAIL

  31. This training was developed by the IL KYR Taskforce Ahlam Jbara, Community Leader Arab American Family Services Asian Americans Advancing Justice |Chicago Bea & VandenBerk Attorneys at Law Brighton Park Neighborhood Council (BPNC) Centro de Trabajadores Unidos-Immigrant Workers Project (CTU-IWP) Council of American Islamic Relations (CAIR) DePaul University Legal Clinic ENLACE Chicago Erie Neighborhood House Family Focus Aurora Father Gary Graf Center Federación de Clubes Michoacanas de Illinois (FEDECMI) H.A.C.E.S. Highland Park-Highwood Legal Aid Clinic Illinois Dream Fund Jennifer Gershowitz, Community Leader Jewish Child & Family Services (JCFS) Logan Square Neighborhood Association (LSNA) Mano a Mano Family Resource Center Mexican American Legal Defense & Education Fund (MALDEF) National Immigrant Justice Center (NIJC) Northeastern Illinois University (NEIU) Northside Community Resources Oliwia Pac, Community Leader Paredes Law Office Polish American Association Proyecto de Accion de los Suburbios del Oeste (PASO) Ruth Lopez-McCarthy, Attorney Sargent Shriver National Center on Poverty Law South Suburban Immigrant Project (SSIP) Tim Myers, Attorney Yvette Lopez, Community Leader Zsazsa Pimintel, ICIRR Intern The Know Your Rights taskforce comprehends a team of legal service providers, attorneys, community organizers and educator whose goal is to create and share updated information, materials and organizing strategies to promote Know Your Rights informational sessions that will help our community exercise their rights. Member of the taskforce include:

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