INTRODUCTION: While there is much uncertainty regarding the new President’s current and future immigration enforcement policies, the Guide provides information and resources on the following ways to assert your rights and protect yourself/your family, NOW:
- Don’t panic, understand your rights, and don’t be afraid to assert
- Know your options under the law by speaking to a qualified immigration attorney or DOJ representative;
- Create a safety plan and be prepared in the event you are arrested, detained or removed;
- Know that there are resources available and advocates standing with you in this time of uncertainty!
How Do You End Up in the Deportation Process?
With the new priorities in established by the Trump administration, places where undocumented and documented people run the most risk are not as predictable as in the past; however, the places where you may run the highest risk typically are:
1. Airports and borders because you are necessarily going to run into immigration officials if you are coming into or traveling within the U.S.
2. While trying to obtain immigration benefits, such as residency or citizenship. Do NOT apply for any immigration benefit without consulting with your immigration attorney or DOJ representative as you run the risk of being detained if you fall within the priorities mentioned above. The priorities are very broad, so each and every person soliciting immigration benefits should consult with an immigration attorney or DOJ representative before submitting any immigration application.
3. Raids at home, work, or on the street. ICE agents can approach you at each one of these locations. Remember you have rights, regardless of whether you are a U.S. Citizen, documented or undocumented person. Use them!
4. Courthouses and Jails. ICE agents can go to criminal courthouses to arrest undocumented or documented people who are a priority for enforcement, regardless of the charges being presented in your case. ICE agents are usually dressed in casual clothing and interact with the person they are looking for in the court hallways or inside the courtroom. When a documented or undocumented person is arrested, they are fingerprinted and this information is shared with ICE. If this person is deemed a priority for deportation, ICE requests transfer of the person or notice of when that person is released. In Nebraska, we have some counties who have refused to honor these ICE detainers, including: Douglas, Sarpy, Hall, and Lancaster counties. The policy of those counties may change in light of the new executive orders requesting cooperation of local and state police.
5. When stopped by the police. Pursuant to the new executive order, local and state police are encouraged to work in conjunction with ICE and enforce immigration law— that is, apprehend, detain, and investigate documented and undocumented immigrants who are a priority.
Where am I safe?
ICE has a policy that it will not enforce immigration actions (such as arrests, interviews, searches, or surveillance) in certain “sensitive locations” including:
1. Schools (including pre-schools, primary schools, secondary schools, post-secondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools);
2. Hospitals;
3. Churches, synagogues, mosques or other institutions of worship;
4. Site of a funeral, wedding, or other public religious ceremony; and
5. Public demonstration sites, such as marches, rallies, or parades.
Note: ICE should abide by this policy until repealed or contradicted by a future executive order. There is no guarantee that ICE will not search for you in the above-mentioned places. It is also unclear whether or not the Trump administration’s new executive orders contradict or “repeal” this ICE policy. This is why it is so important that you know your rights when confronted with the Police or ICE regardless of where you are located.
Sanctuary Cities
Sanctuary cities, counties, or states are jurisdictions that have adopted a policy of protecting undocumented immigrants by refusing to cooperate with ICE and federal immigration law in detaining, apprehending, or investigating undocumented immigrants.
No cities or counties in Nebraska have vowed to be sanctuary cities.
Also, the Trump administration has ordered that the Attorney General and DHS not provide Federal grants to sanctuary jurisdictions and vows to punish those jurisdictions that fail to work in conjunction with ICE.
How to Know if You Are in Removal Proceedings or if You Have Been Deported?
If you have an immigration identification number, usually starts with an “A#” (located on an immigration document, work permit, or green card), you can check if you have been removed or if you have been deported by dialing the Executive Office for Immigration Review hotline at: 1(800) 898-7180. You will not be able to speak to a representative via this line.