Executive Action

 

Reports indicate that the Department of Homeland Security (DHS), Immigration Customs Enforcement (ICE) has launched enforcement actions targeting individuals throughout the United States.

Over the past week, 41 individuals were arrested in New York City under this enforcement action.

Here is a list of tips and rights that you should know in case you feel that in the future you could be arrested and detained by ICE:

• Under new federal enforcement priorities, noncitizens at most risk of a targeted raid include those with valid immigration status who were convicted of certain crimes and those without lawful status who are
  • Convicted of ANY criminal offense
  • Charged with ANY criminal offense where the charge is “not resolved” (pending or open cases)
  • Committed “acts” that constitute a “chargeable criminal offense,” which may include prior unlawful entry into the U.S., workplace fraud or identity theft and minor offenses such as driving without a license, traffic tickets, etc.
  • Subject at any time to a final order of removal and have not departed
  • Suspected of fraud or willful misrepresentation in their immigration cases
  • An “abuser” of any government benefit program
  • A threat to public safety and security in the “judgment” of an “immigration officer,” which may include visa violators, suspected gang members

• Should you feel that you are at risk here are some hotlines to call:
  • In New York, if you have questions or concerns about potential ICE raids, call the The New York State Office of New Americans “New Americans” Hotline: 1-800-566-7636
  • New Yorkers can contact the Legal Aid hotline by calling – 844-955-3425 for assistance in various languages to families who have an immediate ICE detention case, questions about their rights or other pressing immigration concerns.
  • If you want to report a raid within NYC, call the Immigrant Defense Project at 212-725-6422. If you want to report a raid outside of NYC, contact United We Dream at 1-844-363-1423

• ICE cannot conduct raids to arrest immigrants at schools, places of worship, hospitals, weddings or funerals.

• If you feel you might be arrested, should there be a raid, you should tell your family now where all your employment and other documents are pertaining to your identity and theirs. In the case that you are arrested they will be able to take your documents to an attorney who can fight your case or state your options.

• If you feel you might be arrested in a raid in the future you should see an attorney now to find out information about your options.

• What to do should ICE come to your home or approaches you in public:
  • ICE agents might wear plain clothes or say they are police or say they are investigating a crime.
  • If ICE comes to your home they should have a warrant signed by a judge. If they do not have a warrant signed by a judge you DO NOT have to open your door. Ensure that they slip the warrant under your door and that the warrant has your name on it before opening the door.
  • Ask an ICE agent to see their ID
  • Inform them if there are children or elderly people in your home.
  • If any ICE agent does not have an ID or signed warrant with a judge’s signature and your name on it, politely tell them “I do not consent to you being in my home. Please leave.” If they search your rooms say “I do not consent to your search”.
  • You DO NOT need to answer any questions that an ICE agent might ask. Under the 5^th amendment you have the right to remain silent.
  • Should you answer any questions that an ICE agent asks you, DO NOT lie about your answers. The best thing to do in this situation is to remain silent and politely decline to answering their questions.
  • Anyone who is arrested must be told these four things before being questioned by the police:
    • You have the right to remain silent
    • Anything you say can and will be used against you in a court of law
    • You have the right to an attorney
    • If you cannot afford an attorney, one will be appointed for you. So stay silent until you have an attorney present.
  • DO NOT sign any papers that ICE gives you without first speaking with your attorney.
  • You DO NOT need to share information on where you were born or your immigration status.
  • You DO NOT need to give them your passport or other immigration documents.
  • Let ICE officers know if you have children, health problems, or other factors that may cause you or your family to suffer if you are arrested.

For more Know Your Rights information in English and Spanish.

https://www.aclu.org/know-your-rights/what-do-if-immigration-agents-ice-are-your-door?redirect=know-your-rights/what-do-if-you-are-involved-home-raid

http://www.immdefense.org/ice-home-and-community-arrests/

 

On Thursday, February 9th, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously to keep in place the lower court’s injunction on President Trump’s executive order that would temporarily ban immigrants from seven predominantly Muslim countries and suspend the refugee program.

Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.

The executive order will remain suspended until either the lower court holds another hearing or the U.S. Supreme Court decides to intervene. The federal government could seek Supreme Court intervention however 5 of the current 8 justices would need to vote to overturn the decision by the Ninth Circuit Court of Appeals.

 

On February 3, 2017, a District Court judge in Seattle issued a temporary injunction which halted the enforcement of the Jan. 27th executive order banning travel for persons from seven countries and suspending refugee processing. Over the past weekend, the Trump administration requested the 9th U.S. Circuit Court of Appeals to immediately lift the injunction. The injunction halted the travel ban on people from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen and restarted the U.S. Refugee Admissions Program, including allowing Syrian refugees to be resettled in the U.S.

The State Department, Department of Homeland Security, U.S. Citizenship and Immigration Services and Customs and Border Protection have issued respective statements announcing their compliance with the injunction.

The 9^th Circuit denied the administration’s request to lift the injunction and have scheduled a hearing for today, Tuesday, February 7, 2017 at 6pm Eastern Time. A decision is expected soon afterwards and the case will most likely be appealed to the U.S. Supreme Court, regardless of the outcome.

The injunction could be lifted and the travel ban put back in place at any moment. People who are affected are advised to book flights immediately. Currently, those with valid visas may travel to the U.S. They do not need to apply for a new visa unless their visas were canceled with a physical stamp or annotation.

Some airlines have confirmed that affected people traveling to the U.S. will be allowed to board flights. Travelers covered by the orders should confirm that the airline they choose will allow them to board before they book a flight. Travelers also should carry contact information for an attorney before boarding a flight. The travel ban could potentially be reinstated during a flight and people covered by the restrictions could be detained by Customs and Border Protection upon arrival.

 

According to the U.S. Department of State, the Executive Order does not restrict the travel of dual nationals, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa.

“Our Embassies and Consulates around the world will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

At this time, there are no changes to the Visa Waiver Program (VWP).  However, as before the Executive Order, dual nationals of Iraq, Iran, Syria, and Sudan are not eligible for the Visa Waiver Program and must have a visa for travel.  Such individuals may apply for a visa as needed at a U.S. Embassy or Consulate.  Dual nationals of Yemen, Libya, and Somalia and a VWP country may continue to travel under the VWP unless they have travelled to any of the seven countries on or after March 2011, in which case they must first apply for a U.S. visa.

The Executive Order does not restrict the travel of dual nationals from any country, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.

The U.S. Department of State has posted additional information on the affect of the Executive Order on the visa process for nonimmigrants and immigrants.

The U.S. Customs and Border Protection has posted a Frequently Asked Questions (FAQ) page on their website with further information and developments regarding entry to the U.S. under the Executive Order.