As part of our education and awareness series: https://www.rottierlawchicago.com/post/deportation-know-your-right, this is our first post.
The planned ICE raids are for the family unit expedited court docket that exists in 10 courts in United States including Chicago. However, the people in the docket for Chicago may not actually live in Chicago and could for example be in Indiana. This court docket is for recent arrivals that came to the USA with multiple family members. These cases are seen faster than normal immigration court cases with a master calendar hearing within a month of getting the notice, then followed by another mater calendar hearing in a month or an individual hearing in 2 months. The planned ICE raids are also for children that came as unaccompanied minors and now have turned 18. For both of these groups the ICE raids are for people in them with outstanding deportation orders, because they did not go to court or were ordered deported in court and did not leave. The problem is that ICE is saying that they will pick up collateral arrests while arresting the people they are looking for. These could be other undocumented family members or neighbors in the area when the person/people they are looking for are picked up.
In our series we will focus on specific encounter setting with ICE, and what should on do in such situations.
Law enforcement asks about my immigration status :
How to reduce risk to yourself
Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them. Don’t lie about your status or provide false documents.
Your rights
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court. If you are not a U.S. citizen, and an immigration agent requests your immigration papers, you must show them if you have them with you. If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause. If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.
What to do in such an encounter
In some states you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.
If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status. Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.