Know Your Rights!
This post is also available in: Spanish
The government has been ordered to keep DACA in place on nationwide bases on the same terms as before it was terminated on September 5 until a final decision is reached on the case.
This order appears to apply only to renewal applications, with the following exceptions:
- NEW initial applications from people who have never before applied “need not be processed”; BUT, the order later says the agency may grant deferred action “to new individuals on an ad hoc basis”;
- Advance parole “need not be continued for the time being” for anyone; BUT, the order later says that the agency may grant advance parole in individual cases “it finds deserving”;
- The government may take administrative steps “to make sure fair discretion is exercised on an individual basis for each renewal application.
There is language that says nothing in this order shall prevent the agency from deporting anyone, including a DACA recipient, “who it determines poses a risk to national security or public safety, or otherwise deserves, in its judgment, to be removed.”
The judge ordered the government to “post reasonable public notice that it will resume receiving DACA renewal applications” and set out a process for receiving them.
USCIS has NOT started receiving applications. No timeline has been established as of yet.
Everyone has certain basic rights! Protect yourself!
It can be hard to assert your rights—especially if you are being threatened or abused mentally or physically.
ICE must prove that you entered the U.S. without documents or overstayed your visa in order to deport you. Most of the time ICE proves this because of what the person says or does. Do not run from the immigration officers, just politely refuse to answer questions. Everything you say could be used against you.
Never show the police or immigration false documents. Showing fraudulent documents can become a ground for deportation.
You have the right to speak to a lawyer before answering any questions. This is a constitutional right.
If you are detained by immigration, do not sign anything, until you have spoken with a lawyer. The lawyer will be able to determine if you have a defense to deportation.
If you sign something and agree to voluntary departure, you may not have the opportunity to apply for any relief from deportation that may be available to you.
Report incidents, take pictures/video: Assist in deportation defense by reporting.
Incident Details: pictures, videos, obtain officer identification numbers, record the plate numbers of the vehicles, take note of the location (street intersection / address, notable buildings, time of day, etc.)
You have the right to record police officers (including sheriffs, deputies, state police, or ICE agents) in:
- Public places
- Your property
A law enforcement officer may not confiscate or demand to view your video or photos without a warrant.
What should you do if ICE Comes to Your Home
Unless the agents have a search warrant, you can refuse to allow them to enter your house.
Make sure that you or anyone else who answers the door checks that the agent has a signed warrant by a judge before opening the door. Make sure that kids DO NOT open the door, and educate parents on the importance of teaching kids NOT to open the door without knowing who is knocking.
Ask them to show it to you by sliding it under the door or by putting it up to the window and make sure it’s a real warrant and read the section labeled “Order.”
There is where you will know whether you have to open your home to a search or if they are only looking for a specific person. If they are looking for a specific person, ensure that person presents themselves at the door and makes it known to the officers that they will be exiting. Close the door immediately to not endanger the remaining individuals in the home. If ICE forces their way into the home, ensure the remaining individuals exercise their right to remain silent. ICE CANNOT COME INTO YOUR HOME.
Sample Judicial Warrant:
- Name and address must be correct and without errors for the warrant to be valid
- Date must be recent
- Some warrants will specify for how long the warrant is valid for
- Verify that the warrant has a judges’ signature
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-digits “A” number AND country of birth
- Identify who will take care of your children and assets and have a meeting about it
- Update your emergency contact information at your children’s school and doctor
- Apply for your children’s double nationality and their passport and verify your options with your consulate
- Gather important documents in a safe place and make sure your emergency contact is aware of it
- Save money. Make sure your bank account is connected to a debit card so you can access it in another country and make sure you have access to online banking
- Know Your Rights Cards to print and carry with you. / Tarjetas de Conoce tus Derechos para imprimir y llevar contigo
- Plan de Seguridad Familiar