Know Your Rights Session

1. Know Your Rights Session

2. Know Your Rights Session Welcomeand Introductions

3. About LIRS LIRS is Lutheran Immigration and Refugee Service. Ministries of LIRS help… • child migrants at risk, • asylum seekers and torture survivors, and • refugees.

4. About LIRS LIRS Ministries are made possible by… • Lutheran churches, • networks of service providers, and • donors, volunteers and advocates. Visit LIRS online at www.lirs.org.

5. About Be Not Afraid Be Not Afraid is a project of LIRS. Be Not Afraid tools • Know Your Rights Session • Family Safety Planning Sessions • Worship and Bible Study tools • Raids Preparation tools • Advocacy tools

6. Session Outcomes By the end of this session we will… • know the basic rights of migrants and • be able to apply those rights in common situations.

7. Session Overview During this session we will… • discuss basic legal rights, • discuss case studies from real-life situations, and • practice applying rights in role-play situations.

8. Note The information in this session is general. We will not be able to address specific or personal questions in this session. Please talk to an immigration attorney or specialist about personal concerns.

9. Our Shared Circle • I love chocolate. • I have a pet. • I have a large family. • I wear glasses or contact lenses. • I was born in another country.

10. Our Shared Circle • I have relatives who live in another country. • I can speak more than one language. • I believe that a police officer’s job is to protect the community. • I have faced some kind of discrimination. • I believe that my legal and human rights, just like everyone else’s, should be respected.

11. Our Shared Circle • What did it feel like when there were only a few who respond to a statement? • What did it feel like when everyone responded to a statement? • What do we have in common?

12. Case Study #1 Discussion of Maria’s Story (Each small group will share its answer to one question with the large group) • Did Maria have any rights? If so, what rights? • Do you think the officers were acting lawfully in the way they entered Maria’s home and in the way they detained her? • What might Maria have done differently? • What questions do you have about the rights that could be applied in this situation?

13. Case Study #2 Discussion of Raid at Work (Each small group will share its answer to one question with the large group) • Did the workers have any rights? If so, what rights? • Is it legal for immigration officials to ask workers to identify their immigration status and country of origin? • What would you do in a similar situation? • What questions do you have about the rights that could be applied in this situation?

14. Why We Need to Know our Rights Whether you are a permanent resident, a temporary visa holder or an undocumented immigrant, as an immigrant to this country, you may be stopped by police or immigration officials and questioned about your immigration status.

15. Why We Need to Know our Rights Some of you may be stopped because police officers think you look like an immigrant or because you are speaking another language.

16. The Good News Everyone has legal rights in this country, regardless of immigration status.

17. Where Confrontation Might Occur Police or immigration officials might confront you • in your home, • in a car, • in a public place (such as in a school, in your neighborhood, in your church, or on the street) or • at work.

18. Four Basic Rights • You have the right to remain silent. • You have the right to see an arrest warrant. • You have the right to speak to a lawyer. • You have the right to make a phone call.

19. Being Confronted at Home Your home is the most private place you can be. Therefore, police may come into your home only if • they have a warrant, • you have given them explicit permission, or • there is an extreme emergency situation.

20. About Warrants A warrant is a piece of paper signed by a judge that gives permission to any officer—police, ICE or FBI—to do something.

21. About Warrants • In the example that we just talked about, the police have permission to enter your home only if • they have a warrant, • you’ve given them permission, or • there is an extreme emergency situation. • If the police do not have a warrant, then they may enter your home only if you give them permission.

22. About Warrants An arrest warrant will have the name of the person being arrested on it, and it will be signed by a judge. If it does not have a judge’s signature, then the police may not arrest you unless they have good reason to do so.

23. Being Confronted in a Car The police may stop a car only if • they have good reason to think that that car was involved in a crime, • they saw you commit a traffic offense, or • they have set up a road block to randomly inspect cars for a specific reason.

24. Being Confronted in a Car What are my rights if I am stopped by police while in a car? • I have the right to remain silent. • I have the right to see an arrest warrant. • I have the right to speak to a lawyer. • I have the right to make a phone call

25. What If… What if you give your name and the officer asks where you were born? • You may remain silent. That is your right.

26. What If… What if the officer asks you to get out of the car? • You may choose to get out of the car and remain silent.

27. What If… What if the officer asks you more questions? • You have the right to remain silent.

28. What If… What if the officer starts yelling or suggesting that you are here illegally or committed a crime? • You have the right to remain silent.

29. What If… What if the officer asks to see a passenger’s identification? • That person also has a right to remain silent.

30. What If.. What if you are stopped in a car for a traffic violation (such as speeding or driving with a broken light) and you choose to say nothing? • The officer may give you a ticket and perhaps impound your car. The officer may not arrest you.

31. Being Confronted in a Public Place Officers may approach you in a public place to ask questions at any time.

32. Being Confronted in a Public Place To arrest you on the street without a warrant, an officer must believe you have committed a crime. If an officer does not have good reason, the officer may not arrest you.

33. Being Confronted in a Public Place What are my rights if I am stopped by police in a public place? • I have the right to remain silent. • I have the right to see an arrest warrant. • I have the right to speak to a lawyer. • I have the right to make a phone call.

34. What If… What if you give your name and the officer asks where you were born? • You may remain silent. That is your right.

35. What If… What if the officer asks you more questions? • You have the right to remain silent.

36. What If… What if the officer starts yelling or suggesting that you are here illegally or committed a crime? • You have the right to remain silent.

37. What If… What if I ask, “Am I under arrest?” • The officer must answer you. If the answer is no, you are free to walk away.

38. Being Confrontedat Work Police officers or Immigration and Customs Enforcement (ICE) officers may come to your place of work anytime.

39. Being Confrontedat Work What are my rights if I am confronted at work? • I have the right to remain silent. • I have the right to see an arrest warrant. • I have the right to speak to a lawyer. • I have the right to make a phone call.

40. What If… What if I am asked to line up according to my immigration/paperwork status? • You have the right not to line up because you have the right to remain silent.

41. What If… What if I am asked to show identification or immigration status paperwork? • You have the right to remain silent.

42. Case Study #3 Discuss the Postville Raid • Which of the four rights did the workers use?

43. Our Rights in Action Video from Coalition for Human Immigrant Rights of Los Angeles

44. Role Play #1 Scenario: Mr. or Ms. Khan is at home asleep when a police officer knocks on the door.

45. Role Play #2 Scenario: A driver and a passenger are in a car when a police officer approaches them.

46. Role Play #3 Scenario: Five employees are at work when an immigration agent enters their workplace.

47. Be Prepared Be prepared for an immigration confrontation by… • keeping all important paperwork at home or other safe place. • not carrying foreign identification documents with you. • memorizing an important phone number of a friend, family member or attorney to call.

48. Be Prepared If you are arrested… • remember your rights. • remember that you have the right to ask to be released on bond. • do not give any information to Immigration and Customs Enforcement (ICE) agents. Remind your family, because they will ask your family members questions, too. If you have any undocumented family members, advise them notto come to the jail or detention center to visit you. They could be detained too. • ask to see attorney immediately.

49. What If... What if the officer or immigration agent offers you a deal and says that it will expire if you do not accept it now? • Do not accept. Always consult with an attorney first before making a decision or signing anything.

50. What If... If you are arrested… • what is the most important thing to remember? • what would you do first?