Some immigrant rights advocates anticipate the second Trump administration will rescind a discretionary policy that discourages enforcement in schools and other “sensitive locations."
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David McNew
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AFP via Getty Images
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Topline:
In response to President-elect Trump’s pledge to carry out mass deportations, immigrant rights groups are hosting workshops that teach undocumented immigrants how to assert their constitutional rights, as well as how to prepare for worst-case scenarios.
Why now: Workplace raids, which increased during Trump’s first time in office, are expected to resume. Some immigrant rights advocates anticipate the new Trump administration will rescind a discretionary policy that discourages enforcement in “sensitive locations,” including schools and places of worship.
Why it matters: California is home to the largest undocumented immigrant population in the U.S.
Background: Memories of immigration enforcement under the first Trump administration still ignite fear: In 2017, for instance, a Highland Park father was detained after dropping off his daughter at school. The encounter was filmed by another one of his children, whose desperate sobs punctuate the video.
Read on ... to learn about constitutional rights, free legal aid and strategies for dealing with immigration authorities.
During his campaign, President-elect Donald Trump, who returns to the White House Monday, promised to carry out the “largest deportation operation” in U.S. history.
California is home to the largest undocumented immigrant population in the U.S. More than 12% of the state’s high school students have at least one parent who is undocumented. For these families, mass deportation represents possible long-term separation, family upheaval and the potential loss of educational opportunities.
Regardless of their immigration status, people who live in the U.S. have constitutional rights. To ensure those rights are respected during interactions with immigration agents, advocates across the country are hosting workshops, in person and online.
In a recent webinar for the Central American Resource Center (CARECEN), David Lawlor with the nonprofit’s College Legal Services Team offered some advice to anxious college students who are undocumented or have at least one parent who is: In times of uncertainty, “focus on what you can control.”
“And one of the things you can control,” he said, “is knowing your rights.”
Although LAist can’t give you legal advice — you need an immigration lawyer for that — we talked to Lawlor and other legal experts about how people can learn their rights and be prepared to exercise them.
What happened in the first Trump administration?
In some communities, memories of immigration enforcement under the first Trump administration still ignite fear: In 2017, for instance, a Highland Park father was detained after dropping off his daughter at school. The encounter was filmed by one of his children, whose desperate sobs punctuate the video.
In Mississippi, locals recall the day when Immigration and Customs Enforcement (ICE) agents descended on multiple poultry plants and arrested hundreds of workers in 2019. For the children of those employees, it was the first day of school. That afternoon, many of them returned to empty homes.
Workplace raids, which increased during Trump’s first time in office, are expected to resume. ICE currently has a policy that discourages enforcement in “sensitive locations,” including schools and places of worship. But that policy is discretionary, and some immigrant rights advocates anticipate the new Trump administration will rescind it.
What are my rights if immigration officials come to my home?
Lisa Graybill, vice president of law and policy at the National Immigration Law Center (NILC), said ICE agents sometimes have warrants issued by the Department of Homeland Security. These administrative warrants do not grant agents permission to enter your home.
Carolina Castañeda, a staff attorney with the Immigrant Legal Resource Center (ILRC), said families should always keep their front doors closed.
If ICE agents knock on your door, you can ask to see a warrant, she said. A valid warrant must be signed by a judge and issued by a court. The agents can either show it to you through the window or slide it under the door.
If your door is open, that doesn’t give agents the right to enter. “It is still a private place,” Castañeda added, “but, unfortunately, it could be that they let themselves in, and it will be more difficult for people to assert their rights. ... We’ve heard of many instances where, if someone just slightly opens the door, they push it open and go in. And this is not right, as they need your permission or a judicial search warrant to be able to enter.”
Listen
• 0:24
What's in a warrant? There are three things to look for
Julie Mitchell, of Central American Resource Center's College Legal Services Team, describes what a warrant needs to be valid.
Sample of a judicial warrant.
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Central American Resource Center
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Graybill also warned that ICE agents “have been known to use ruses.” In New Mexico, she said, agents pretended to be delivering pizza to get one family to open the door.
ILRC created a wallet-sized card to help citizens and noncitizens navigate these encounters. On one side, the card lists their constitutional rights, along with guidance. On the other side of the card, the nonprofit has listed phrases that can be used to communicate with ICE agents. These cards are available online in sixteen languages and can be downloaded for free.
A sample card that can be printed at home. The IRLC ships red versions of the cards for free to nonprofits.
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Courtesy of the Immigrant Legal Resource Center
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How do I talk to an immigration agent?
Castañeda said families can “often feel overwhelmed” by the presence of ICE agents. In preparation for any potential encounters, she recommends practicing what to say and how to behave.
Listen
• 0:43
Worried about ICE agents entering your community? Advocates say: ‘Know your rights’
“It’s so difficult to do it when you're actually faced with the problem,” she said. “So we want to make sure that we're training adults and children in the household that whenever anybody comes to our door, we don't automatically open it, we ask who it is. We ask them to identify themselves. And then we want to make sure that, if we know it's immigration enforcement, that we're asserting our rights. We’re asserting our right to remain silent, we're not giving you permission to enter. If you have a judicial warrant, show it to us.”
Families can also show the ILRC card to the agents through the window, or slide it to them under the door, Castañeda said.
If ICE agents do have a judicial warrant, Graybill added, “ideally, you'd be able to reach an attorney and share a copy of that warrant before moving any further.”
“If you're not able to access an attorney quickly,” she said, read the warrant “very carefully” and “really scrutinize” what it gives agents a right to do.
Tips for Immigrant Communities
Julie Mitchell, co-legal director at the L.A.-based Central American Resource Center, shared these recommendations:
File Deferred Action for Childhood Arrivals (DACA) applications as soon as possible. “At this time, we are encouraging people to file their DACA renewals up to a year early."
Be sure to file Temporary Protected Status (TPS) renewals during the re-registration windows. “Just last week,” Mitchell noted, “the Biden administration announced TPS re-registration for El Salvador, Ukraine, Venezuela and Sudan."
“If you have a pending immigration case, or are in the process of filing, continue with the process and get advice on your best options moving forward. Anytime there is a change in administration, there are often resulting immigration policy and law changes.”
“For individuals who have a prior removal or deportation order, we encourage them to get a legal consultation with an attorney or an accredited representative."
What are my rights if immigration officials go to my job or school?
Just as you would at home, Castañeda said, “assert your right to remain silent. Do not sign anything. Ask to speak with an attorney.”
Agents who show up at a workplace might tell employees to make two lines, one for citizens and one for noncitizens.
If that occurs, Castañeda said, do not comply. “Usually what happens is that [agents] will start interrogating people about their immigration status,” she said.
“Stand still. Assert your right to remain silent. And, then, ask if you’re free to go,” Castañeda said. “Do not run away. Do not present any fake documents. Do not give out false information — don’t give them anything they can use against you.”
“Insist on the ability to speak with an attorney,” Graybill added.
Free legal aid for California college students
Students enrolled in California’s public colleges and universities can access free immigration advice and representation.
Community college staff and faculty can also obtain free legal services. At the CSU, staff, faculty, immediate family, recent graduates, and newly admitted students can also get help.
What if I’m a business owner?
For business owners, Castañeda and Graybill also recommend preparing for a potential ICE visit.
“Make a written response plan ahead of time. And practice it, just like a fire drill," Graybill said.
Castañeda and Graybill noted that, without a warrant, ICE agents can only enter spaces that are open to the public. In a coffee shop, for instance, the kitchen and office space are usually solely open to employees. Business owners should “mark those areas, so that it’s clearly visible that they’re private,’” Castañeda said.
On college campuses, ICE agents likewise cannot enter a space that’s not open to the public without a judicial warrant, including dorm rooms and other areas that require a key card to access, Graybill added.
What to do if immigration agents come to your workplace
It describes employers’ rights and responsibilities, as well as what they can do after an enforcement action.
How else can I protect myself and my family?
In addition to knowing one’s rights and preparing to respond to ICE agents, legal experts recommend that families with members who do not have legal status in the U.S. consult with an attorney. “If folks have a pathway that could lead to residency and eventually citizenship, we want to make sure that we're doing that in advance,” Castañeda said.
Julie Mitchell, who founded CARECEN’s College Legal Services Team, said consulting with an attorney is especially crucial for young people. There are government programs that help, such as the Special Immigrant Juvenile classification, which is for people who’ve been abused, abandoned, or neglected by a parent.
“Some forms of relief are only available until individuals turn 21,” Mitchell said. “Oftentimes, we’re encountering people who’ve aged out of some immigration options.”
Legal experts also recommend that families make a plan, in case they’re apprehended.
Gather important documents.
That includes children’s birth certificates.
If a parent grants another person permission to take care of their child, they need to describe what that will look like in writing, Castañeda said.
Can they take the child to school?
Can they take them to medical appointments?
Does the child need any medicine?
Have emergency contact information for other family members.
For an undocumented family member, write down their date of birth and country of origin. “That's how people can search [for] you on the ICE inmate locator online,” Castañeda said.
Undocumented family members should also gather any immigration documents.
“In case a person is detained, their family will have those documents available, to help defend them against the removal,” she added.
ILRC has a guide that describes how to create a comprehensive family preparedness plan step by step. Their free guide is available in English and Spanish.
“No one wants to do this, because it's thinking about being detained,” said Lawlor, of CARECEN. “But it is vital.”
