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Top Left: American Immigration Council, Top Right: The Hill, Bottom Left: VCG/Qian Weizhong, Bottom Right: KERA News. |
By Sam Piha
Create A Safety Plan
Many immigrant family advocates suggest that immigrant families, regardless of status, should create a safety plan in case family members are taken into custody by ICE. The safety plan can be shared with parents. The National Immigrant Justice Center provides steps for creating this plan below.
- “Identify your emergency contacts and list and memorize their phone numbers.
- Provide your child’s school or day care with an emergency contact to pick up your child.
- Provide authorization in writing for your emergency contact to make medical and legal decisions for your child.
- Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.” [i]
“Right now, we haven’t made a plan because you don’t want to accept it, but I don’t know,” she said. ‘It would probably be good to make a plan, but sometimes you just don’t want to accept it yourself. She asked me, ‘What if they take you while I’m in class? Who will pick me up? Where will I go?’” [ii]
Mobilization for Justice advises, “The simplest way to plan for your child’s care is by filling out a Parental Designation form. Contact MFY Legal Services for a sample parental designation form. This form gives another person temporary authority to help your child get medical care, enroll in school, and get public assistance.
- You choose the person. It can be any person you trust to care for your child. You and the person both have to sign the form.
- You are not required to go to Family Court. You do not give up any rights over your child by filling out a Parental Designation form, and you can revoke it at any time.
- The form is valid for six months if it is notarized. It is only valid for one month if it is not notarized. You can re-sign the form as many times as needed.
- If your child has special medical needs, or if the other person will be caring for your child indefinitely, the person designated may need to go to Family Court to get a legal order for Custody or Guardianship. Additional information on Custody and Guardianship may be found on the “Caregivers/Relatives” side of this guide. Please contact Mobilization for Justice for more information about this.
Update emergency contact information at your child’s school. Add contact information for adults who can pick up your child if you become unavailable. Also update the emergency contact information with your child’s doctor, school bus, and after school programs.
Make copies of your child’s important documents. Leave copies with an adult who will be able to care for your child if you are deported or unavailable to care for them.” [1]
Also, Mobilization for Justice advises immigrant families to:
- “Seek A Legal Consultation: With private attorneys: Call the American Immigration Lawyers Association at 1-800-954-0254 for a referral. With nonprofit organizations that employ U.S. licensed attorneys or Department of Justice accredited representatives: A list of these organizations can be found at Immigration Advocates Network.
- Collect Your Documents in A Safe Place: Keep your identity information and financial information in a safe location. Gather documents showing the length of time you have been in the United States; the most recent two years are most important. This can include U.S. income tax returns, utility bills, leases, school records, medical records, bank records, or other documents. Make sure your emergency contact can access all of these documents. Read and practice NIJC’s guidance on what to do if you encounter ICE in your community.
- Avoid Immigration Fraud: Only seek legal advice from an attorney or an accredited representative at a Department of Justice-recognized nonprofit organization. Lawyers must have a license from a U.S. state to practice law. Ask to see their law license. Law licenses from other countries do not authorize the practice of law in the United States. Accredited representatives must be accredited and work for a nonprofit agency recognized by the Department of Justice. Ask to see their accreditation documents. Never sign an application with false information and never sign a blank form. Ask for copies of everything you sign.
If the advice sounds too good to be true, get a second opinion before filing an immigration application. Read NIJC’s full guidance on how to avoid immigration fraud.
- Be Alert for Digital Scams: Be skeptical of social media posts promising new or quick immigration relief. The U.S. government (including Department of Homeland Security, U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and State Department) will never contact you via WhatsApp or social media. With limited exceptions, such as people who are released from detention and told they must check in with ICE via telephone, the U.S. government generally does not contact individuals by phone.
If you receive an unexpected message or phone call from someone who claims they are an immigration officer or other government official, do not respond or share personal information. Do not wire or transfer money to pay a “processing fee” or for any other reason. If in doubt, consult an attorney or accredited representative before taking any action. Avoid sharing unverified information on social media.
- Know And Defend Your Rights: No matter the immigration status, everyone has rights under the United States Constitution. Know your rights and what to do if Immigration and Customs Enforcement (ICE) comes to your child’ school.” [2] To learn more about your rights, click here.
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According to the National Immigrant Justice Center, “All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, it’s important to do the following:
- Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands where police can see them, and tell them if you need to reach into a glove compartment or for a wallet to show your papers.
- Don’t lie about your status or provide false documents.
- If you are pulled over in a traffic stop: Ask if the officer is from the police department or immigration. Immigration officers often identify themselves as “police,” but they are not police. Ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, follow these guidelines about what information to provide.
- If you are a U.S. citizen or have lawful immigration status: Show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are over the age of 18, you should carry your papers with you at all times.
- If you are undocumented: You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
- If an officer knocks on your door: Do not open the door. Teach your children not to open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges; they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).
- If you are outdoors and think you see immigration officers nearby:
- Move to a safe indoor space
- If you are a U.S. citizen and feel safe to do so, record the activity with your phone or write down any relevant information about what you witness—ALWAYS being careful to not interfere or otherwise obstruct the operation
- Post unverified information on social media
- Interfere with the investigation or otherwise put yourself in harm’s way.” [3]
[2] Mobilization for Justice, Know Your Rights: What to Do If Ice Comes To Your School
[3] National Immigrant Justice Center, What “mass deportations” might look like
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