What You Need to Know About Expedited Removal

What You Need to Know About Expedited Removal Steven Denton Lou Metsu Immigration@waccofseattle. org 206 -636 -9882 www. waccofseattle. org

West African Community Council Our Philosophy The West African Community Council’s passion is to advocate, organize, assist, educate, and support West African community members while preserving our tradition, culture, social, religious, and moral beliefs. Programs and Services Immigration Labor Rights Education Early Learning and Parent Child Plus Program Locations Seattle Office Kent Office 6322 44 th Avenue S 19435 68 th Avenue S, Suite S-105 Seattle, WA 98118 Kent, WA 98032

Today’s Agenda Know Your Rights Expedited Removal Family Preparedness Plan Community Questions https: //www. solanocounty. com/depts/hss/know_your_rights. asp

Know Your Rights

If Immigration or Police Stop You On the Street Do not run, Ask if you are free to go Remain Silent Do not say where you were born Do not tell them how you entered the US Do not show any documents If immigration asks to see your immigration documents, and you have an immigration status, you must show them (do not lie or provide false documents) Police can require you to show an ID if you are driving a car or in situations involving alcohol Do not consent to a search ICE cannot search you without probable cause Police may pat you down if they suspect a weapon If detained, remain silent, do not sign anything, ask to speak to a lawyer

If Immigration/Police Come to Your Home Do not open the door, ask for identification and a warrant

If Immigration/Police Come to Your Home If you must allow immigration in your home: Say that you do not consent to a search You or a family member may record the interaction Remain silent If detained, remain silent, do not sign anything, ask to speak to a lawyer Report the activity National 1 -(844) Immigration Project 363 -1423

If Immigration/Police Come to Your Work ICE/Police need warrants to enter private spaces Do not run You may leave the area calmly If you are questioned: Ask if you are free to leave Remain Silent Do not show documents Do not consent to a search If you are detained: Remain Silent, Do not sign anything, Ask for a Lawyer

Expedited Removal

What is Expedited Removal? Expedited Removal (ER) is a procedure that allows immigration officers to quickly deport certain noncitizens without a hearing in front of an immigration judge or a review. ER generally may apply to noncitizens who entered without inspection and are currently undocumented or to noncitizens who have committed misrepresentation or fraud.

What has changed with Expedited Removal? Passed into law in 1996, initially implemented at ports-of -entry to the United States In 2004, expanded to 100 -mile zone around border On July 23, 2019, expanded to nation-wide implementation

Defenses to Expedited Removal Having lawful status or having entered the United States with Inspection Having been continuously present in the United States for more than two years Having a fear of persecution in your home country

Having Lawful Status If you have legal status you are not subject to expedited removal. If you are a U. S. citizen, Legal Permanent Resident (LPR), or legal status holder (such as: an asylum seeker, U visa applicant, T visa applicant, VAWA applicant) and an immigration officer approaches you, notify the officer of your citizenship or immigration status and show supporting documents. Documents may include: Visa and/or visa stamp in passport Most recent I-94 and current passport Green Card USCIS Approval notices and/or receipt notices (I-797’s) NOTE: Do not lie about your citizenship status or provide fake documents.

Having Entered with Inspection If you are undocumented, but legally entered the United States (entry with inspection), you are not subject to expedited removal. If you were admitted or paroled into the United States at a checkpoint or otherwise entered on a valid visa, you are not subject to expedited removal and you should tell the immigration officer that you legally entered. You are not required share additional personal information, including your immigration status. If you are out of status, you may be placed in regular removal proceedings and receive a Notice to Appear in Immigration Court which begins the deportation process.

Two Years Presence - What can you show? You must prove that you have been in the US consecutively for 2 years or more According to an ICE training presentation, evidence that may demonstrate a non-US citizen’s continuous physical presence in the US may include, but is not limited to: • • • Bankbooks Leases Deeds Licenses Bills • • Receipts Letters Birth records Church Records • • School Records Employment Records Tax payments And/or individual’s oral statement

Two Years Presence - What Can You Show? According to an ICE training- an individual should be “provided a brief but reasonable opportunity– generally no more than 72 hours– to obtain such documents, or communicate with another person to obtain them, if he or she claims to have access to such evidence and so requests. ” However, remember this is very a subjective procedure based upon the immigration officer’s determination. There is no right to appeal an immigration officer’s decision to deport someone via ER. Individuals in ER are detained until removed. You may not have 72 hours to obtain the requested documentation.

Asylum Seekers and Expedited Removal If a non-US citizen indicates an intent to apply for asylum or expresses a fear of persecution or torture, or of return to his or her country, the officer shall not proceed further with removal and shall refer the noncitizen to USCIS for a credible fear interview by an asylum officer. Noncitizens who have already applied for asylum cannot be given an ER order. ICE officers cannot make any subjective determinations regarding the claim of fear made by a noncitizen in the ER process. You may express a fear of return to your country after the ER order is issuedincluding any time prior to removal.

What Should You Do If Expedited Removal Applies to You? If you are undocumented and subject to expedited removal, your options are limited. If you are undocumented and subject to expedited removal (in the United States less than two years, no credible fear of persecution, entered without inspection), you may wish to obtain a lawyer, if possible, and exert your right to remain silent. Consequences of Expedited Removal Five Year Ban on Reentry (Possibly Longer)

Creating a Family Preparedness Plan

How to Be Prepared Identify a Legal Aid Association Office of Immigrant and Refugee Affairs: 202 -727 -8515 ELDN (Expanded Seattle-King County Immigrant Legal Defense Network) https: //www. seattle. gov/iandraffairs/programs-and-services/legaldefense-fund-and-network King County Public Defense: 206 -296 -7662 Make a Child Care Plan Find a trusted adult who can care for your child if you cannot. Consider filling out a “Temporary Parental Consent” form. Does not need to be notarized, unless you want child to travel across international borders. https: //www. washingtonlawhelp. org/files/C 9 D 2 EA 3 F-0350 -D 9 AF-ACAE -BF 37 E 9 BC 9 FFA/attachments/85 DDF 5 D 1 -548 E-4045 -BB 8 D 54 B 0 C 818 A 771/8166 en_temporary-custody-agreement_immigrants. pdf Have a list of emergency numbers and contact information Discuss this plan with your child

How to Be Prepared (Continued) Inform Family and emergency Contacts About How to Find You if You Are Detained by ICE Family members can use the ICE detainee locator: https: //locator. ice. gov/odls/home. Page. do Make sure your family and emergency contacts have a copy of you’re A-number, if you have one. Gather Documents in a Secure Place Documents for yourself and children including passports, receipt notices, approval notices, etc. Give someone you trust access to these documents

How to Be Prepared (Continued) Know Your Rights Save for Legal Fees/Bond or release from detention can cost several thousand dollars Speak with an Attorney/ Know Your Legal Options Avoid All Contact with Law Enforcement

Questions? To schedule an intake or appointment with WACC: Call: (206) 636 -9882 Email: immigration@waccofseattle. org WACC Immigration Legal Program 23