Illinois Coalition for Immigrant and Refugee Rights Updated

Illinois Coalition for Immigrant and Refugee Rights Updated as of Feb. 5, 2017 Part of the Family Support Network Initiative Illinois Coalition for Immigrant and Refugee Rights

Goals of Today’s Meeting: Educate • Learn about current immigration enforcement priorities. • Learn about your rights regardless of your immigration status! • Learn/memorize basic vocabulary to defend your rights in English! Prepare • Start an Action Plan. • Identify an attorney/BIA organization that can help you. • Inform 1 or 2 TRUSTED friends/family of your Action Plan Report • Learn to identify and report a hate crime. • Identify a local immigrant rights organization in my community. • Report any incidents with ICE to ICIRR’s Family Support Hotline.

EDUCATE

We Stand Together, We Rise Up Together President-Elect Donald Trump ran on a platform of islamophobia and hostility to immigrants. He has begun to implement his policies. Here is what you can do to educate yourself and your community: KNOW YOUR RIGHTS! NOTE: The information provided in this presentation DOES NOT constitute legal advice. Please consult with an immigration attorney or BIA Accredited Representative.

Enforcement Priorities. . . BEFORE Priority 1: Gang Member, One Felony Conviction, One “Aggravated Felony” Conviction, suspected of Terrorism –Some offenses might be “aggravated felonies” under immigration law but not felonies under criminal law Priority 2: DUI, Domestic Violence, Sexual Abuse, Firearms Offenses, Drug Sale, Burglary (theft), Other offenses with sentences of 90+ days in jail, 3 or more misdemeanors (excluding minor traffic violations or juvenile offenses), Immigrants apprehended by ICE after entering unlawfully after 1/1/2014 Priority 3: Immigrants who have been issued a final order of removal after 1/1/2014 If you think you fall in these priorities Contact an immigration attorney right away!

Enforcement Priorities. . . NOW On January 25, 2017, the Trump administration issued an Executive Order entitled, “Enhancing Public Safety in the Interior of the United States. ” The Executive Order (Order) provides for new enforcement priorities for removal: Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2)[criminalrelated inadmissibility grounds], (a)(3)[security-related inadmissibility grounds], and (a)(6)(C)[misrepresentation inadmissibility grounds], 235 [expedited removal of inadmissible arriving noncitizens], and 237(a)(2)[criminal deportability grounds] and (4) [security-related deportability grounds] of the INA (8 U. S. C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who: If you think you fall in these priorities Contact an immigration attorney right away!

Enforcement Priorities. . . NOW a) b) c) d) e) f) g) a) Have been convicted of any criminal offense; b) Have been charged with any criminal offense, where such charge has not been resolved; c) Have committed acts that constitute a chargeable criminal offense; d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; e) Have abused any program related to receipt of public benefits; f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security If you think you fall in these priorities Contact an immigration attorney right away!

Priority Enforcement Program If this happens to you Contact an immigration attorney right away!

Your Rights! Law Enforcement= Police and Immigration Regardless of your immigration status, you have the right to: • REMAIN SILENT- Show your KYR Card! • SPEAK WITH AND BE REPRESENTED BY AN ATTORNEY • Police/Court : Public Defender or your own attorney at your own expense. • Immigration Court : At your own expense • REQUEST A LOCAL TELEPHONE CALL • Memorize phone numbers of family/friends with legal status *Preferably someone who knows/has your Emergency Plan. ION • Contact your Consulate- List of consulates and phone numbers is available at detention centers. ACT INFORM 1 TRUSTED FAMILY/FRIEND OF YOUR ACTION PLAN & REMEMBER THEIR PHONE #

What To Do: If you are in contact with law enforcement agents: ▪ GIVE YOUR NAME AND BIRTHDATE. You are NOT required to give this information. You can choose to provide only this basic information to make it possible for family members to find you. You do NOT need to answer any further questions. ▪ MEMORIZE YOUR ID NUMBERS: This includes your 9 -digit A-Number, Jail ID # etc. → This will help your attorney or family to locate you easily. Usually written on wristband. –All detention centers provide a phone call; however, in immigration detention the charges may be billed to the inmate OR those receiving your call ▪ ASK TO SPEAK TO AN ATTORNEY You have the right to an attorney. Disclose your immigration status ONLY to your attorney → This includes your Public Defender ION ACT REPORT ANY INCIDENT TO OUR FAMILY SUPPORT HOTLINE, TAKE PICTURES/VIDEO!

What NOT To Do: ▪ DON’T LIE. Tell law enforcement agents you want to remain silent. DON’T give explanations, excuses, or stories. Do not claim to be a US Citizen if you are not! ▪ DON’T SIGN any document that you don’t understand. ▪ DON’T DISCUSS your citizenship or immigration status with anyone other than your lawyer ▪ TIP: Don’t hang any objects from your rearview mirror. It may provide a pretext for police to pull you over. ION ACT REPORT ANY INCIDENT TO OUR FAMILY SUPPORT HOTLINE, TAKE PICTURES/VIDEO!

If ICE Comes to Your Home: ▪ DO NOT OPEN THE DOOR - You are NOT required to open the door unless ICE has a warrant signed by a judge. ASK them to show you the warrant –Slide it under your door or hold it up to the window ▪ If they try to force the door open: Write down the agents’ badge numbers and the license plate numbers of their cars. Immigration must have a warrant signed by a judge or permission from your employer to enter your workplace. ICE does NOT need a warrant to search public spaces. ION ACT RECORD ENCOUNTER OR SET YOUR PHONE TO RECORD WHILE PLACED NEAR THE DOOR!

Sample Warrant Signed by a Judge

Sample Warrant Signed by a Judge (Cont’d)

Sample ICE Warrant

Sample ICE Warrant -Cont’d

Comparing Police and Immigration POLICE/CRIMINAL COURT Court: If you have court or probation and you do not go Warrant for your ARREST Bond: If you pay 10% of your bond, you can be released from custody. TION AC IMMIGRATION Court: If you have court or supervision and you do not go Order of Removal Bond: If you pay 100% of the bond, you can be released from custody. The person who pays must be a U. S. citizen or LPR. ORGANIZE A KNOW YOUR RIGHTS SESSION

With Immigration/ICE To find out if you have a removal order: ▪ Call 1 -800 -898 -7180 (Executive Office of Immigration Review) and enter your 9 -digit A-number To locate someone in ICE custody: ▪ Go online to locator. ice. gov. You can search by either ▪ the person’s name, date of birth AND country of birth OR ▪ The person’s 9 -digit A-number AND country of birth ION ACT IN IMMIGRATION CUSTODY YOUR A# (9 DIGITS) IS ON YOUR ID OR WRISTBAND!

Basic Vocabulary to Exercise Your Rights: I wish to remain silent. I wish to make a phone call. I wish to speak with a lawyer. I do not consent to your entry or search. I will not sign any document I do not understand. Am I under arrest? Am I free to leave?

PREPARE

Have an Action Plan • Choose a Responsible Person for the care of your children and your finances – Power of attorney • Have a plan in writing and make sure your family knows it – What is your plan in case you are in detention/deported? • Have your documents ready AND in a safe place – Passport, birth certificates, medical records • Carry with you a list of important phone numbers, including your consulate. • GET INVOLVED with a local community organization! ION ACT USE SAMPLE PLAN PACKET TO CREATE YOUR OWN!

Seek Reputable Legal Help Who can give me/provide me immigration legal advice? ● Licensed Attorney- Immigration law is federal, attorney can be licensed in any state. ○ ● IL Attorney Registration and Disciplinary Commission www. iardc. org BIA Accredited Representative - Has to work/volunteer at a non-profit organization recognized by the Board of Immigration Appeals (BIA) ○ Full Accreditation: Allows the representative to represent the alien before DHS, Immigration Courts, and the Board for a period of three years (i. e. Immigration Benefits and Deportation Proceedings) ○ Partial Accreditation: Allows the representative to represent aliens before DHS for a period of three years. (i. e. Immigration Benefits) ■ BIA Roster of Organizations and Representatives: http: //bit. do/biarep ● Law students under supervision by an attorney Chicago: Department of Business Affairs & Consumer Protection http: //bit. do/chicagoreport Victim of Fraud? Illinois: IL Attorney General's Office- Consumer Protection Division http: //bit. do/ilreport

TIPS AND STRATEGIES to Avoid Fraud* 1. Get a recommendation 4. Identify areas of expertise 2. Check for credentials 5. Stay informed 3. Check for past disciplinary actions BEWARE! 6. Get a written contract 7. Keep copies NOTARIOS ARE NOT ATTORNEYS AND ARE NOT AUTHORIZED TO GIVE LEGAL ADVICE! *Information provided by adminrelief. org

REPORT

Hate Crimes ● Under IL Law: ○ “a person commits a hate crime by committing an assault, battery, theft, criminal trespass to residence, criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, or harassment by telephone or electronic communication because of the victim’s actual (or perceived) race, color, creed, religion, ancestry, gender, sexual orientation, disability, or national origin. ” ● An important difference to recognize is that Hate Crime doesn’t always involve Hate Speech and Hate Speech in and of itself is not always a Hate Crime. ● If you are the victim of a hate crime: ■ Report it (see below) ■ Write down a description of incident ■ Record it/ take picture (if it is safe to do so) ■ Do not put yourself at further risk REPORT IT: COOK COUNTY: 773 -674 -HELP(4357) ILLINOIS: 1 -877 -581 -3692 Don’t forget to report it to you local community organization!

Do I Have the Right to Record Interactions with Police/ICE? You have a right to film or photograph police officers in: ✓ Public places ✓ Your property ✓ This extends to other law enforcement, such as sheriff’s deputies, state police, or ICE agents TIP: A law enforcement officer may not confiscate or demand to view your digital photographs or video without a warrant.

Family Support Hotline What is the Family Support Network Hotline? ✓ ✓ ✓ Toll-free hotline offers help to Illinois families facing deportation. The hotline is staffed by trained volunteers who will listen to families and offer referrals to lawyers, social service agencies, pastors, and other community supporters. The hotline is staffed in English, Spanish, Polish and Korean. 1 -855 -HELP-MY-Family 1 -855 -435 -7693 ACTION: REPORT ANY ICE ACTIVITY TO THE HOTLINE BECOME A COMMUNITY NAVIGATOR!

Questions? • For more information and a list of nonprofit organizations, please visit: www. icirr. org/protection • For a list of private attorneys: http: //www. icirr. org/content/documents/attorney _referral. pdf

Questions? Other Resources • NIPNLG Know Your Rights travel safety planning, demonstrations & more: https: //www. nationalimmig rationproject. org/tools. html Other Resources • ILRC Advisory: https: //www. ilrc. org/sites/d efault/files/resources/com munity-advisory-execorders-interior-ijnfinal_002. pdf

This training was developed by the IL KYR Taskforce The Know Your Rights taskforce comprehends a team of legal service providers, attorneys, community organizers and educator whose goal is to create and share updated information, materials and organizing strategies to promote Know Your Rights informational sessions that will help our community exercise their rights. Member of the taskforce include: Ahlam Jbara, Community Leader Arab American Family Services Asian Americans Advancing Justice |Chicago Bea & Vanden. Berk Attorneys at Law Brighton Park Neighborhood Council (BPNC) Centro de Trabajadores Unidos-Immigrant Workers Project (CTU-IWP) Council of American Islamic Relations (CAIR) De. Paul University Legal Clinic ENLACE Chicago Erie Neighborhood House Family Focus Aurora Father Gary Graf Center Federación de Clubes Michoacanas de Illinois (FEDECMI) H. A. C. E. S. Highland Park-Highwood Legal Aid Clinic Illinois Dream Fund Jennifer Gershowitz, Community Leader Jewish Child & Family Services (JCFS) Logan Square Neighborhood Association (LSNA) Mano a Mano Family Resource Center Mexican American Legal Defense & Education Fund (MALDEF) National Immigrant Justice Center (NIJC) Northeastern Illinois University (NEIU) Northside Community Resources Oliwia Pac, Community Leader Paredes Law Office Polish American Association Proyecto de Accion de los Suburbios del Oeste (PASO) Ruth Lopez-Mc. Carthy, Attorney Sargent Shriver National Center on Poverty Law South Suburban Immigrant Project (SSIP) Tim Myers, Attorney Yvette Lopez, Community Leader Zsazsa Pimintel, ICIRR Intern