The January 28, 2025 “Know Your Rights” webinar featured Oscar Sarabia Roman, Attorney, ACLU Immigrant’s Rights Project and Robert Remes, Immigration Attorney, Carliner and Remes, PC. The following summary is drawn from their presentations. View the recording of the webinar.
The eight take-aways for RPCVs and others working with immigrant populations are:
- Inform immigrants of their risks and their rights in the current environment. People need to know of changes that will affect them and their rights. Immigrant risks and rights depend on their status.
Expedited Removal (aka deportation) now applies to all non-citizens who have been in the US for less than two years. If immigrants have been here longer than two years, they should carry proof of residency with them.
The Trump Administration has revoked parole status for immigrants from Ukraine, Venezuela, Cuba, Haiti, and Nicaragua so they now may be placed in expedited removal without a hearing with an immigration judge if they have been here less than two years. Exemptions may be granted on a “case by case” basis at the discretion of an attorney general.
Those that are in greatest danger of expedited removal are those who have final orders of removal/deportation from immigration court, because they lost their case before a judge or failed to appear at a hearing. They were ordered removed in absentia. Others at-risk are those who have criminal accusations or involvement – even DUI or a petty crime such as shoplifting. These people appear in drivers’ license and utility databases that are easy for ICE to access.
One immigrant right is the ability to apply for asylum. Although there no longer is a way to apply for asylum at the border, immigrants can still apply for asylum administratively. This buys lots of time. The administrative asylum process in the US is overloaded. An immigrant must apply for asylum before they have been in the US for one year or within six months of when their parole status ends.
See American Civil Liberties Union, National Immigration Law Center information in multiple languages. Also, iAmerica cards and Immigrant Legal Resource Center Red Cards.
- Urge immigrants that have been in the US for two years or more to carry proof of residency with them at all times. Expedited Removal (ER) provisions have been expanded to apply to all immigrants that have been in the US for less than two years. Low level immigration officers now can summarily remove (deport) certain non-citizens without a hearing before an immigration judge. Those individuals are still technically entitled to apply for asylum if they express a fear of being returned to their countries of origin.
- Role Play with immigrants what to do if they are in danger of apprehension. It is too late to wait until there is a knock on the door. Immigrants should understand what to do and what to say in advance. Suggest that they record every interaction with ICE or police on their phones so that it can be used as potential evidence at a later time.
Below are suggested points that should be made in a role play:
- If someone knocks on your door, DO NOT step out of the house and DO NOT let anyone into the house, no matter how many ways or times they ask you.
- You have a right to not speak with someone at your door. You do not have to say who you are or anything else about yourself. If the person who knocks at the door says “Are you _________?” or “I am looking for ___” or “Do you know ________?,” do not answer these or any other questions. Just say “I do not have to let you I do not want to talk to you right now.” Do not continue any conversation. Whatever you say can be used against you by Immigration. And, once you start any conversation, for most people it becomes much harder to stop. So, don’t start.
- Know that ICE agents are not required to be truthful. They can and will pretend to be police or other officials. Do not believe any kind or pleasant-sounding words.
- You should ask to see any paper that the person has. Tell the person to slide the paper under your door. If the paper is from a United States District Court and is signed by a United States District Court judge you must obey But if it is from ICE or Department of Homeland Security or an Immigration Court Judge or any other police or agency, and IF IT IS NOT SIGNED BY A US DISTRICT COURT JUDGE, YOU DO NOT HAVE TO OBEY IT. That means you do NOT have to answer and do NOT have to let agents in your house.
Show immigrants samples of the types of papers they must obey, which are very rare, and the types of papers which they do NOT have to obey, which are more common.
- Help people to find competent legal representation so they can understand and use their rights. Get in touch with local “rapid response organizations.” Rapid response organizations are community-based organizations that provide support to immigrants facing immigration enforcement, such as ICE raids. Rapid Response Networks (RRNs) offer legal representation, accompaniment, and other services to protect the rights of immigrants.See Rapid Response Networks by Region and Rapid Response Toolkits. Also see Global Refuge’s legal services.
- Encourage school districts and other “sensitive locations” such as houses of worship, courthouses and hospitals to adopt policies saying they will not give consent for US Immigration and Customs Enforcement (ICE) officials to come in. Previously, ICE policy was not to conduct immigration enforcement in such sensitive locations, but now ICE can conduct immigration enforcement anywhere. Such locations do not have to comply with ICE administrative warrants, which have no legal effect; but they do have to comply with judicial warrants, those signed by judge. See National Immigration Law Center fact sheet
- Encourage such sensitive places not to collect immigration data/history. This practice has previously been challenged in court.
- Help immigrants with the resettlement process. The Trump administration has suspended the refugee resettlement program. Therefore, Resettlement Agencies and their partners may have to lay off staff, which means that they cannot provide all of the services necessary. See PCC4Refugee’s on-line guide to resettlement for a discussion of needed services.
- Stay informed. The Trump Administration’s immigration policies, state and local implementation of these policies and challenges to these policies is creating a dynamic and confusing environment for immigrants and the volunteers and others working with them. In such a situation, rumors and misinformation flourish. See the PCC4Refugees website for links to a variety of sources of up-to-date and reliable information.