KNOW YOUR RIGHTS DATE YOUR NAME YOUR ORGANIZATION

KNOW YOUR RIGHTS DATE: YOUR NAME: YOUR ORGANIZATION:

WHAT HAS CHANGED? Executive Orders Laws Your Rights

WHO IS AT RISK? • Entered US without permission or visa overstay: • U. S. government can detain you and place you in removal (deportation) proceedings • Lawful permanent resident (green card): • U. S. government can detain and place in removal proceedings only if you commit a crime that makes you “deportable” • U. S. Citizen: • U. S. government CANNOT deport for any reason

WHAT IS SB 4? (SEPT. 1, 2017) SB 4 requires local law enforcement officers to honor ICE detainer requests, and prohibits towns, counties, or agencies from limiting their assistance to ICE SB 4 does NOT: • Change immigration law • Authorize police to stop immigrants purely on the basis of immigration status. • Require police to inquire about immigration status. They MAY ask, but it is NOT required. • Police cannot legally prolong someone’s detention in order to investigate their immigration status.

SB 4 AND SCHOOLS • Children have a RIGHT to a free education K-12 • Immigration should not go into K-12 schools, as those are “sensitive locations” • Schools CAN have policies that protect immigrant Children – K-12 schools are not affected by SB 4 • SB 4 affects college and universities: Police may ask about Immigration status.

DACA: WHERE DOES IT STAND DACA Initial DACA Renewal Traveling with DACA

MAKE A PLAN 1 2 3 Have a FAMILY PLAN in place • Create a box of important documents and collect important information and phone numbers • Arrange a temporary caretaker for your children KNOW YOUR RIGHTS • Understand what to do when approached by ICE • Talk to your family about what to do and what not to do if ICE comes to your home Meet with IMMIGRATION ATTORNEY NOW • Especially if you have a previous order of deportation

PLAN CARE FOR YOUR CHILDREN • Choose who will care for your children • Consider: age, ability to care for your child (financially and otherwise), child’s existing relationship, immigration status, etc • Sign an agreement • • Legal documents giving another person rights “Authorized” list to picking up children from school Consent to Medical Treatment Consent for International Travel • Make sure caregiver knows how to contact immigration attorney in case of emergency

IMPORTANT DOCUMENTS • • • Children’s birth certificates & passports Children’s social security cards List of children’s medications Power of Attorney or similar document Consent for guardian to travel outside the US with your child Protective Orders, Child Custody orders (if applicable) Phone number for immigration attorney Important Phone numbers list All immigration documents (*A NUMBERS for all family) Make sure the caregiver knows where your children’s important documents are located

TALK TO YOUR CHILDREN • Talk to your children ahead of time about your plan • Make sure children know WHO and HOW to call • Save emergency phone numbers into their phone • Write down the name and number of who they should call for your children to carry • Have your child memorize the phone number • Children should not be questioned separately from their parents if you are together!

KNOW YOUR RIGHTS: ICE AT YOUR HOME Remain calm and do not try to run away If ICE is at your door, do not open or answer the door unless the officer has a signed warrant Check warrant to see if it is signed by a judge and has your name and address on it You are not required to discuss your immigration status with ICE – remain silent and ask to speak to your attorney Be cautious if you are near someone ICE is arresting. ICE agents will question, detain and arrest people they suspect of breaking immigration laws if they are nearby, even if they have never committed a crime and are not the target. DO NOT sign any documents without consulting an immigration attorney

KNOW YOUR RIGHTS: ICE & CHILDREN Explain to ICE that your children depend on you to care for them and you should not be separated from them. If ICE is going to detain you, ask to be allowed to call someone to pick up your children. Call your designated caregiver! Do not let your children serve as interpreters for ICE. Ask ICE for an interpreter if the officers don’t speak your language. If no adult can immediately come care for your children, police will call CPS and they will come pick up the children If you are detained, continue telling each official you speak with that you have children here who need you. Make sure your designated caregiver knows the location of CPS so he/she can go and get the children.

KNOW YOUR RIGHTS: POLICE ON THE STREET Avoid arguing with an officer. Stay calm and comply; you can take legal action afterward if rights were violated You have the right to remain silent in response to any question from an officer. “I am exercising my right to remain silent. ” Officers may use what you say against you in court. You have the right to walk away. If unsure, ask the officer, “Am I free to leave? ” If the officer doesn’t stop you, you may walk away. You have the right to say “no” if an officer asks for permission to search you or your things. If you are arrested, you must answer questions about your name, address, and birthdate. Lying or refusing to answer is a crime. Any other questions say, “I am exercising my right to remain silent. ”

KNOW YOUR RIGHTS: POLICE AND YOUR CAR Stay Calm and do not try to flee. Stop the car in a safe place quickly. Turn off the car, turn on the internal light, open the window, and place your hands on the wheel. If a driver is asked for a driver’s license, registration, proof of insurance, you must show it or you could get a ticket or even get arrested. For any other questions, say: “I am exercising my right to remain silent. ” If a police officer asks to search your car, you can say “no. ” But if police believe your car contains evidence of a crime, they can search it without your consent. If you are arrested, you must give your name, address, and your birthdate. Lying is a crime. For any other questions, you may say, “I am exercising my right to remain silent. ”

KNOW YOUR RIGHTS: POLICE AND YOUR STATUS Police officers, including campus police, cannot be prohibited from asking about your immigration status. You do not have to answer questions about your immigration status if you do not want to. If you wish to remain silent, you may say, “I am exercising my right to remain silent. ” If you are in the U. S. on a tourist, student, or work visa, you MUST tell ICE (but not police) if they ask your status. Do not falsely claim U. S. citizenship or make any false representations. Always remember that even if you have answered some questions, you can still decide to not answer anything else.

IMMIGRATION: GET PREPARED • Start saving money for an immigration attorney who can help you with deportation proceedings • Start saving money for a bond in case you are detained • Have access to important phone numbers • Gather ALL immigration documents and put them in a safe space and make sure your family knows where it is If you are placed in deportation proceedings • Don’t sign documents without consulting an attorney • Tell ICE officers if you fear returning to your home country

MEET WITH AN ATTORNEY • Have this attorney’s phone number available and make sure your family has this phone number • If you are a lawful permanent resident, find if you are eligible for Citizenship • If you have no status, find out if you are eligible for a visa or permanent status in the U. S. • If you have an order of deportation, learn about your options. • If you are a refugee or asylee, do not travel back to the country from which you were granted asylum or refugee status

WHO CAN PRACTICE IMMIGRATION LAW? Licensed attorneys (admitted in any U. S. state) BIA accredited representatives Law students under supervision by an attorney CAUTION: Notario Fraud and Malpractice 18

NOTARIOS: UNAUTHORIZED PRACTICE OF LAW A notary, or notary public, is NOT an attorney. A notary public CANNOT give legal advice, draft legal papers, or review documents for legality. You NOT the notary, will be held responsible if any fraudulent or wrong documents are filed on your behalf!

WARNING SIGNS YOU MAY BE DEALING WITH A NOTARIO In your immigration case, do not hire someone who: • Guarantees you a visa or immigration status or claims to have a special relationship with immigration authorities. • Refuses to show you their license or accreditation. • Refuses to give you a contract for their services. • Asks you to sign blank or incomplete forms, or forms with wrong or false information. • Offers other services, such as tax preparation. • Does not have a physical office and can only be contacted by email or phone.

WHAT TO FROM A LEGAL SERVICE PROVIDER? • A contract • An easy way to communicate with your representative • A clear fee schedule • Copies of all documents submitted on your behalf • Clarifications and updates on your case • Understand how to terminate the legal relationship Remember: • Always get a copy or government filing receipt whenever anything is submitted in your case. • Get written contracts and make sure you receive a receipt, especially if you pay cash.

FREE AND LOW-COST IMMIGRATION LEGAL SERVICES Houston Immigration Legal Services Collaborative • www. houstonimmigration. org Immigrant Rights Hotline • 1 -888 -507 -2970 • Monday - Thursday, 2 to 6 pm

CONTACT Kate Vickery, Executive Director kate@houstonimmigration. org Andrea Guttin, Legal Director andrea@houstonimmigration. org ---www. houstonimmigration. org