Tag: Know Your Rights

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Deportation of “Millions” of Undocumented Immigrants?: Know Your Rights in Case of ICE Arrest

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President Trump’s tweet on June 17, 2019 that millions of immigrants are going to be deported beginning next week is once again a threat to hundred thousands of Filipino immigrants who are without legal status. While interior enforcement of immigration law has been Trump’s administration priority, mass deportation was not really fully effected perhaps because of lack of ICE resources or some constitutional issues. If indeed ICE is now ready to “remove millions of undocumented immigrants’’, revisiting their rights becomes of utmost importance.

The Immigration Legal Resource Center based in San Francisco CA released the Know Your Rights below which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.
You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.
The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.
It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.
There will be some documents that will be presented to you for signing after you are apprehended and taken into custody.. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.
When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation.

Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. Considering the threat of a mass apprehension, it is worth exploring legal options with a trusted professional immigration attorney and from there decide on an appropriate course of action to obviate fear of possible removal.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

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Global Pinoy

Know Your Rights in Case of ICE Arrest

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At the recently concluded American Immigration Lawyers Association conference held at New Orleans, representatives from the Immigration and Customs Enforcement indicated the lack of detention centers and beds. It was mentioned several times, that Trump’s policy on interior enforcement is being executed and they expect increase in apprehension.

If a non-U.S. citizen who is without legal status is arrested by ICE agent, what steps may be taken? What rights if any do they have at the time of arrest?

Below are the “Know Your Rights” information being disseminated by Immigration Legal Resource Center and certain non-profit organizations, which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.

You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.

The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.

It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.

There will be some documents that will be presented to you for signing after you are apprehended and taken into custody. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.

When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation. Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. During these challenging times, a legal advice from a professional immigration attorney becomes indispensable to figure out what legal options may still be available.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, facebook.com/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808.)

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Updates

Expedited removal may be expanded under Trump

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Several advocates are distributing “Know Your Rights” literature to those who may possibly be affected by the enhanced enforcement of immigration law brought by Trump’s Executive Orders. One of the rights that one should know is the right to a hearing before an immigration judge. This is a constitutional due process right that may be asserted during apprehension and prior to removal.

There is one particular instance where there is no right to hearing, and that is during an expedited removal. Given the changes brought about by Trump’s Executive Order, will an extension of this process affect those who are present in the United States in unlawful status?

Expedited removal

For 20 years now, the expedited removal has been a process used by the Department of Homeland Security to fast track the removal of certain individuals at the ports of entry, who are in violation of immigration law relating to fraud or are unable to show proper legal documents to prove lawful status.

It is commonly referred to by Filipino travelers as “Airport to Airport” or “A to A,” referring to a case where a passenger at the port of entry in the United States is found inadmissible and is returned the same day of arrival (or the next available flight) to the country of origin. In these cases, the arriving alien is not entitled to a hearing, and a determination of a federal agent is sufficient to send the traveler back to his home country.

Expedited removal has been extended twice. The first expansion of expedited removal is in 2002 when it applied it to those who:

  1. entered the United States by sea, either by boat or other means;
  2. were not admitted or paroled in the United States (entered without inspection) and
  3. have not been continuously present in the United States for at least 2 years.

In 2004, the DHS expanded the application of expedited removal to non-citizens who are encountered within 100 miles of the border, and who entered the United States without inspection less than 14 days before they are encountered by immigration authorities.

Due process right to a hearing

President Trump’s Executive Order instructs the Secretary of Homeland Security to apply expedited removal to the fullest extent of the law. Section 11(c) of the Executive Order states in full: “Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and un-reviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).”

Applying expedited removal to the fullest extent of the law means putting millions of unauthorized immigrants who have been in the United States for less than 2 years at risk of an expedited removal without a hearing even if apprehended beyond 100 miles from the border.

The DHS rules are still being developed and they will soon be published in the Federal Register. Yet, overzealous immigration officers may put anyone in expedited removal if apprehended and if unable to prove legal status and 2 years of physical presence.

The right to a hearing of those who have been residing in the United States extends even those who are without legal status. The Supreme Court had settled this issue many years ago. Should there be a deprivation of the right to a hearing because of the proposed expanded expedited removal, the Executive Order entitled “Border Security and Immigration Enforcement Improvements,” will be challenged in the judicial courts as being unconstitutional just like the executive order on the travel ban.

(Atty. Lourdes Santos Tancinco, Esq. is a San Francisco-based immigration attorney and an immigrant rights advocate. She may be reached at 1 888 930 0808, law@tancinco.com or facebook.com/tancincolaw.)

Categories
Updates

Know Your Rights in Case of ICE Arrest

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Executive Order 13768 of January 25, 2017 Enhancing Public Safety in the Interior of the United States signed a few weeks ago has the effect of practically criminalizing all those who are in unlawful status. As a result, most of the 11 million immigrants in unauthorized stay are fearful about their possible apprehension and removal. Whether or not this fear is real, knowing one’s rights in the event of an Immigration Customs and Enforcement (ICE) raid or visit is important.

Below are the “Know Your Rights” information being disseminated by Immigration Legal Resource Center and other non-profit organizations which may be asserted if the inescapable ICE visit or arrest takes place.

You have the right to remain silent.
You can assert your fifth amendment right. You can refuse to speak to an ICE agent. Do not answer any questions, especially about your birth place, immigration status or how you entered the United States. Say that you want to remain silent until you speak with a lawyer.

You have the right to demand a warrant before letting anyone into your home.
The ICE agent may not enter your home without a warrant. You do not have to give permission for him to enter. It is okay not to open your door unless the agent shows you the warrant. If the warrant is presented to you, ask the agent to slip it under the door or through the window. Make sure it is signed by a judge with your correct name, address and date of birth.

You have the right to speak to a lawyer and the right to make a phone call.
It is important to have your attorney’s phone number handy. You will be entitled to make a phone call. If you do not know your attorney’s number, call a trusted friend or relative to coordinate with your attorney.

You have the right to refuse to sign anything before you talk to a lawyer.
There will be some documents that will be presented to you for signing after you are apprehended and taken into custody.. Do not sign anything. If you sign without understanding the nature of the document, it is possible that you are signing a waiver of your rights to a lawyer or to a hearing. And if you waive these rights, it may result in your immediate removal without a hearing.

You have the right to refuse to show any documents before speaking with a lawyer.
When you are visited by an ICE agent, you do not have to give permission to search any of your belongings unless there is a warrant. You can ask to speak with a lawyer before you submit any documentation.

Each case of an unauthorized individual is distinct and all non-U.S. citizens must be vigilant about their rights. During these challenging times, a legal advice from a professional immigration attorney becomes indispensable to figure out what legal options may still be available.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney at Tancinco Law Offices and may be reached at law@tancinco.com, facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)