know your rights eng

Transcript

1 ... A M I N I M M I G R A T I O N D E T E N T I O N I ? W H A T R E M Y R I G H T S A I WAS ARRESTED BY I WAS ARRESTED BY THE POLICE AND I IMMIGRATION. BELIEVE THEY WILL to sign any statements NOT You have a right or documents, especially ones giving up your TURN ME OVER TO right to a hearing in front of an immigration IMMIGRATION. judge. If necessary, say you want to speak to a lawyer first. If you are arrested by local police, they NOT Do volunteer information about your must charge you with a crime in court immigration status. Anything you say will be within 48 hours (not counting weekends used against you later on. and holidays), or else release you. If police do file criminal charges, then you You have the right to contact your must still be released if the charges are The list of consulates and their consulate . dropped, you are granted and post bail, phone numbers should be posted in the jail. If you win your criminal case, or you not, get the number from your deportation complete your sentence. officer. Contact your consulate immediately. If you leave a message, give them your name, Even then, the police or jail can hold you A number, where you were arrested, and the for another 48 hours if Immigration has name of your deportation officer. The consul placed a "detainer" on you. If may be able to assist you in finding a lawyer Immigration has not picked you up within or provide other services. this 48 hours, then they must release you. If the police don’t file criminal charges AND if immigration does not file a DO NOT LIE detainer, call an attorney or community to an organization to help you get released immigration from police custody. They can write a officer! Lying demand letter to the jail or the sheriff. to an immigration DO NOT volunteer information about officer and your immigration status to the police lying about officer. Do not lie! Say only: “I want to your status speak with my lawyer” or show a “Know carries Your Rights” card. (Sample attached) serious punishment. DO NOT sign any documents before an attorney has reviewed them. 1

2 WHERE AM I NOW? (IMMIGRATION DEPORTATION OFFICE) Immigration and Customs Enforcement (ICE) Detention and Removal Office is holding you. After you are arrested, you will be placed in a holding cell or temporary processing station where you will be fingerprinted and interviewed. (Sometimes, some processing occurs during the arrest.) Write down the name and After being processed, you will be assigned a deportation officer. phone number of the officer assigned to your case. Your immigration officer should give you a document, called a Notice to Appear (NTA) , which contains the immigration, charges against you. This document will help you or a lawyer figure out your case. Make sure to ask for the document if it is not given to you within 72 hours of your arrest. Make sure that you have your “A number” (alien registration number (A99 999 999), If you do not found on your green card or documentation provided by immigration). have the number with you, contact a family member and ask them for your number. If you never received an “A number,” you will be assigned one when you are processed at the detention center, and you should ask the deportation officer for this number immediately. WHERE WILL I GO? Shortly thereafter, you will be moved to either an immigration detention center, local jail, or a military base where you will stay while your immigration case is pending. While detained, you may be transferred to out-of-state facilities. You could be transferred in the middle of the night, so keep a copy of all your legal If your papers are stored with detention/jail, ask the staff documents with you at all times. for your legal papers immediately after you hear that you are being moved. If you think you may be transferred to a detention center far from your home, and you have an immigration lawyer here, your lawyer may file immigration form G-28 with the Department of Homeland Security. They can download it at http://www.immigration.gov/graphics/formsfee/forms/g-28.htm. Fax the form to the This form may convince the officer to stop your transfer. Deportation Officer immediately. DO I GET A TELEPHONE CALL? You have the right to make a telephone call after you are detained. Memorize the telephone number of your attorney, family member, friend or union spokesperson, and contact him/her immediately. If you have trouble Your phone calls may be blocked. reaching your family or attorney, ask jail staff if they have blocked the number. Also, have your family contact their local telephone company to make sure that they can receive phone calls from the detention center or jail. 2

3 WHAT HAPPENS TO MY BELONGINGS? When you are detained, immigration will register and mark all your personal belongings. Ask for a receipt of your personal property . This is the only evidence that you have personal property. The property may be held at the deportation office or it may travel with you from facility to facility. count on immigration to help you with tracking your DO NOT property or managing your personal property at home or at work. Your property should be returned when you are released from custody or deported. Make sure your legal documents are not processed as “personal property.” Because you want quick access to your legal documents, always ask to keep your legal documents with you. If you are unable to keep the documents, you have the right to access your legal documents at any time. Ask the facility staff about accessing your legal material if they take it away from you. Also, make sure that your family has a copy of all immigration papers and legal documents (e.g., birth certificates, marriage certificates, passports). Although you have the right to access your other personal belongings, these requests are regularly denied. However, feel free to make requests in writing to the facility staff. HOW DOES MY FAMILY FIND OUT WHERE I AM DETAINED? If your family does not know where you are detained, they should contact the local office of Immigration and Customs Enforcement’s Detention and Removal Branch in the area. They should have your full name and “A number” ready. Contact ICE headquarters at 202-305-2734 if they do not know the number for the deportation office. This information is also available online at: http://www.ice.gov/about/dro/contact.htm. Tell your family to check the jail’s visitation rules. Some jails require that you provide a list of Tell undocumented family members not to visit you. visitors’ names ahead of time. HOW DO I GET OUT OF DETENTION? ASK FOR BOND! A bond is an amount of money paid to the government as a guarantee that you What is bond? • will attend all hearings and obey the judge’s final order. You have to pay the full amount. Bond must be paid by cashier’s check or a bank money order, payable to the Department of Homeland Security. The person paying the bond MUST have some kind of immigration status and identification. He/She can pay the bond at any ICE office. Sometimes individuals are released without having to pay bond. This is called “release on your own recognizance.” You must comply with the terms of release, otherwise you risk being redetained. This is usually granted to individuals with special conditions, like pregnancy. You should always request a bond hearing! You may not be Do I get a bond hearing? eligible for bond if you: (1) have a previous deportation order, (2) have certain criminal convictions, (3) were arrested at the border/airport or (4) the government suspects you have terrorist ties. You should get a copy of your criminal history and What if I have a criminal record? have an immigration attorney experienced in deportation review it to see if you are eligible for bond. You can get information from the County Clerk’s office in the county in which you were convicted or from your former criminal defense attorney. 3

4 You can ask the immigration judge to lower What if I cannot afford to pay the bond? your bond at the bond hearing. The judge has the power to decrease the bond to $1,500. In this hearing, the judge considers whether you What should I bring to the bond hearing? present a danger, a national security threat, or a flight risk. You should submit any documents that show you have a permanent address, stable employment, relatives with legal status in the United States, and any evidence of strong ties to the community. You should also ask family and friends to attend the hearing and to testify to these issues or send written letters of support. WHERE DO I FIND AN ATTORNEY? You do not have a right to a free attorney in immigration proceedings. However, you have the right to obtain a lawyer at no cost to the government. You also have the right to represent yourself. Once detained, you will not have much time to find an attorney before your case is completed, so it is very important to contact an attorney as soon as possible. list of free legal service Your deportation officer should give you a in the area. If not, ask for a copy right away. If these providers organizations are not able to help you, ask them for referrals for immigration attorneys who specialize in deportation. Don’t be tricked by people Make sure to hire an attorney who specializes in deportation. who are only after your money! Make sure your attorney has a copy of your NTA before they make any promises about what they can do for you. Request a written contract from your Always keep attorney before paying him/her. This contract is called a “retainer agreement.” the complete name and contact information of your attorney with you at all times. If you are not happy with your attorney, keep a record of your communications with your attorney in the event you need to make a complaint. GET A COPY OF YOUR IMMIGRATION FILE: Always ask for a copy of your file. You can send a formal “Freedom of Information Act” request to the Deportation Office. You can also ask the immigration judge to give you a copy of your file, or at least, unfavorable evidence against you. IMMIGRATION HEARINGS Will I have a hearing? If you do not get a hearing, find out why! You may not have a hearing if you have certain criminal convictions, were arrested at the border/airport, or received a prior deportation order. In some cases, you may be able to challenge the reasons why you don’t have a hearing. If you believe the court is taking too long to schedule your case, ask for a bond hearing. If you are afraid to return to your country, What if I am afraid to return to my country? notify your deportation officer and the Immigration Court immediately. You may be entitled to an interview with an asylum officer or to raise this issue in court. 4

5 Where will my hearing be held? It will be held at a local immigration court or a court inside the facility or conducted through the television. In that situation, you must file a “Motion” (request) for an in-person hearing. Regardless of whether you have an in-person hearing, your attorney can appear at the Immigration Court on your behalf. To find out when your next hearing is scheduled, When is my hearing? This is the automated hotline for the immigration call: 1-800-898-7180. courts. Have your “A number” available. You How many hearings will I have? Master Calendar ” will have at least one hearing. A “ Hearing is a short hearing before the immigration judge. During this hearing, you may ask the judge to postpone or “continue” the hearing to another date to allow you to find an attorney. If you don’t want to fight your case, you can ask the judge for voluntary removal or deportation. If you want to fight your Do I have a right to case or ask for more time to find an attorney, you will an interpreter? normally be rescheduled for another “Master” hearing. If you are forced to proceed without an You have the right to attorney, deny the charges (this may force the an interpreter at your government to prove the charges). If you are applying main hearing if you do for a way to stay in the US legally, you will have a not speak English. Individual” Hearing separate “ Make sure that you or to present your case your attorney asks the to the immigration judge. You should bring any judge for an interpreter relevant documents and witnesses to testify at the at the Master Calendar hearing. You may not receive an individual hearing if the judge thinks that you are not eligible for any Hearing. relief. Your law library should have information on How do I obtain legal information? immigration law and procedure. If you do not have a lawyer, you can also write to your local service provider or Detention Watch Network www.detentionwatchnetwork.org. The Florence Immigrant and Refugee Rights package has excellent legal materials: • Florence Project Main Office, 2601 N. Hwy 79, PO Box 654, Florence, AZ – 85232. For specific legal questions, contact the National Immigration Project of the National • Lawyers Guild at 14 Beacon Street, Suite 602, Boston, MA 02114. Families for Freedom also has excellent information for detainees. Contact information: • 2 Washington Street, 766 North New York NY 10004. HOW DO I SEND Document in detail any abuse or detention condition violations or serious medical or mental health concerns. Include: date and THE names of the immigration or jail officers who may be involved. GOVERNMENT A with the jail and send copies to the local ICE ile a complaint F COMPLAINT office, the head (warden or sheriff) of the jail, a human rights or ABOUT civil rights organization, like the National Immigration Justice Center. CONT’D ON NEXT PAGE DETENTION CONDITIONS? 5

6 COMPLAINT ABOUT DETENTION CONDITIONS (cont’d.) Make sure all the people are . Send copies to family and listed on the same complaint your lawyer. Then, try to resolve the issue with your deportation officer or local Immigration and Customs Enforcement (ICE) office. If local authorities fail to respond, submit the complaint in writing to the following offices: Mr. Timothy Perry, Acting Chief of the Detention Acquisition and Support Branch, ICE Office of Detention and Removal, U.S. Department of Homeland Security, 801 "I" Street, Suite 980, Washington, D.C. 20536. Department of Homeland Security, Mail Stop #0800, Office for Civil Rights and Civil Liberties, Washington, DC 20528. Tel: 202.401.1474, 202.401.0470 (Local TTY); Toll Free: 1.866.644.8360; E-mail: [email protected] If the complaint concerns medical and mental health care, send a copy to: Captain Philip Jarres, Branch Chief of Field Operations for the United States Public Health Service, 1220 L Street NW, Suite 500, Washington DC 20005. Tel: 202.732.0100; After reporting the complaint to DHS, please send a hard copy to the National Immigrant Justice Center. This organization has a database of complaints about treatment or abuse in detention centers. Information from this database will be used to document trends in detention centers. Your personal information will be protected. 1. National Immigrant Justice Center , 208 S. LaSalle Street, Suite 1818, Chicago, IL 60604 2. American Bar Association , Commission on Immigration, 740 Fifteenth Street, NW, th Floor, Washington, DC 20005-1022 9 LOCAL CONTACT INFORMATION HERE: IMMIGRATION n a t i o n a l p r o j e c t of the National Lawyers Guild

Related documents

June2018CUR

June2018CUR

CHANCELLOR'S UNIVERSITY REPORT JUNE 25 2018

More info »
doj final opinion

doj final opinion

UNITED STAT ES DIS TRICT COURT IC F OR THE D ISTR T OF CO LU M BIA UNITED STAT F AMERICA, : ES O : : la in t if f, P 99 No. on cti l A vi Ci : 96 (GK) -24 : and : TOBACCO-F UND, : REE KIDS ACTION F : ...

More info »
OctoberCUR2018

OctoberCUR2018

CHANCELLOR'S UNIVERSITY REPORT OCTOBER 29 2018

More info »
DoD7045.7H

DoD7045.7H

DoD 7045.7-H EPARTMENT OF D EFENSE D F UTURE Y EARS D EFENSE P ROGRAM (FYDP) S TRUCTURE Codes and Definitions for All DoD Components Office of the Director, Program Analysis and Evaluation A pril 2004

More info »
Global state of the art in engineering education   March 2018

Global state of the art in engineering education March 2018

The global state of the art in engineering education art the of The global state in engineering education MARCH 8 201 DR RUTH GRAHAM z Executive summary i

More info »
Spring 2019 Class Schedule

Spring 2019 Class Schedule

TABLE OF CONTENTS Fast Track Courses ... 98 ... 1 Mission, Vision and Values 100 Late Start Courses ... Forwarding Your Zonemail ... 1 101 ... Weekend Courses ... Spring 2019 Semester Calender 2 MISSI...

More info »
ATAR profiles for December Round 2

ATAR profiles for December Round 2

Quad 2, 6 Parkview Drive Sydney Olympic Park NSW 2127 Locked Bag 112, Silverwater NSW 2128 1300 ASK UAC (1300 275 822) from mobiles: (02) 9752 0200 uac.edu.au ACN 070 055 935 | ABN 19 070 055 935 ATAR...

More info »
HB3427

HB3427

80th OREGON LEGISLATIVE ASSEMBLY--2019 Regular Session A-Engrossed House Bill 3427 Ordered by the House April 29 Including House Amendments dated April 29 Sponsored by COMMITTEE ON RULES (at the reque...

More info »
nf2005

nf2005

N ATION AL C URRICUL UM F RAMEW ORK 2005

More info »
Microsoft Word   Table of Contents Full Report with ES.doc

Microsoft Word Table of Contents Full Report with ES.doc

Stern Review: The Economics of Climate Change PAGE TABLE OF CONTENTS i-xxvii Executive Summary i Preface & Acknowledgements iv Introduction to Review vi Summary of Conclusions Part I Climate change: o...

More info »
DEC CUR

DEC CUR

CHANCELLOR'S UNIVERSITY REPORT DECEMBER 10, 2018

More info »
untitled

untitled

TOOLKIT AND GUIDANCE FOR PREVENTING AND MANAGING LAND AND NATURAL RESOURCES CONFLICT ENVIRONMENTAL SCARCITY Renewable Resources and Conflict AND CONFLICT The United Nations with funding and support fr...

More info »
06 53440 main pr.qxp

06 53440 main pr.qxp

Vienna International Centre, P.O. Box 500, 1400 Vienna, Austria Tel: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org LEGISLATIVE GUIDE FOR THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION A...

More info »
ayout 1

ayout 1

0465039146-FM:FM 12/5/06 12:25 AM Page i C O D E

More info »
Integrating Resources

Integrating Resources

Integrating Resources: A Cataloging Manual Appendix A to the BIBCO Participants’ Manual and Module 35 of the CONSER Cataloging Manual 2011 Revision Program for Cooperative Cataloging Washington, D.C. ...

More info »
old am e

old am e

B C 2. AM-2 Product Information A AM M Damper actuators i0082002

More info »
2019 S07066 766844

2019 S07066 766844

Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ LEGISLATIVE ACTION Senate House . . . Floor: C Floor: AD/RM . 05/02/2019 07:21 PM . 05/03/2019 03:54 PM . Senator...

More info »
Any Transport over
	 MPLS

Any Transport over MPLS

Any Transport MPLS over describes how to configure over MPLS (AToM) transports data link layer (Layer This module Any Transport Label Switching providers backbone. AToM enables service over a Multipro...

More info »
City 2018 2019

City 2018 2019

2018–2019 CATALOG Fall 2018, Spring 2019, Summer 2019 1313 Park Blvd., San Diego, CA 92101 619-388-3400 www.sdcity.edu Ricky Shabazz, Ed.D. President San Diego City College is accredited by the Accred...

More info »