RAIDS PREPAREDNESS: How to Help Communities Plan The Catholic Legal Immigration Network, Inc. Karen A. Herrling Agenda for Webinar Overview of the Problem: Explosion of Interior Enforcement Explosion of Detention Explosion of Deportation Increased cooperation with state and local law enforcement Raid Preparation and Responses Maryland, Van Nuys, New Bedford CLINIC Plan, working with 10 communities Family Safety Planning Lessons Learned Questions and Answers Explosion of Interior Enforcement by ICE – Fugitive Operations IN Fiscal Year (FY) 2007, ICE fugitive operations teams arrested 30,000 individuals (double the number in FY 2006). These teams focus on people who: have a judge’s removal order, have criminal records, had reentered the U.S. after being deported, or were living in the U.S. without permission. In a month-long operation in May, ICE reports that it arrested 1,000 immigration fugitives in operations in California, New Jersey, New Mexico, New York, Tennessee, and Texas. Currently, ICE has 75 fugitive operation teams deployed across the country. An additional 29 teams will be added by the end of September. Explosion of Interior Enforcement by ICE – Criminal Program ICE also expanded its criminal program. ICE initiated formal removal proceedings against 164,000 immigrants who are serving prison terms. Explosion in ICE Worksite Raids ICE states that its focus is on employers that knowingly or recklessly hire illegal immigrants. ICE claims it is targeting companies that utilize cheap, illegal labor as a business model. Industries more at risk with these characteristics: Lower skilled workers Likelihood of false documents Typically high turn over of employees Past violators slightly higher risk (maybe an investigation a year ago and employer thought nothing of it) Examples: food industries, industrial cleaning companies, construction. Dramatic Jump in Worksite Raids Criminal arrests – 25 in FY2002 compared with 863 in FY 2007. Administrative immigration violations at worksites -- 485 in FY 2002 compared with 4,077 in FY 2007. They are happening daily and weekly around the country: May 15th ICE raided a French gourmet bakery in San Diego, arrested 18 workers. May 15th, ICE raided a construction project at the Lee County Sheriff’s Office in Fort Myers, Florida, arrested 25 workers. May 12th, ICE raided meat packing plant (Agriprocess, Inc.) in Postville, Iowa, arrested 389 people. Some Trends in Worksite Enforcement Criminal prosecutions against workers and some against managers. Asset forfeitures against companies. Criminal charges being brought against workers for allegedly aggravated identity theft, falsely using a Social Security number, and fraudulently using an alien registration card. Agriprocess, Inc. Using wired individuals to gather evidence. Agriprocess, Inc. and Smithfield Verification systems used as enforcement tools in the workplace: DHS No-Match Rules E-Verify Detention Explosion U.S. government detains over 280,000 people a year. This number has tripled in 9 years. People are held in a mishmash of over 400 facilities at an annual cost of more then 1.2 billion at an average of $95 a day per bed. Most of these detention facilities at county and local jails. While DHS owns and operates its own detention centers, it also “buys” bed space from over 312 county and city prisons across the country to hold the majority (57%) of those who are detained. Immigrants in detention include families, both undocumented and documented immigrants. Deportation Explosion ICE expects to deport 200,000 persons in FY 2008, up from 164,000 in FY 20007. The increase is partially explained by ICE’s monitoring of court proceedings and examination of correctional facility records to identify immigrants with criminal records and instituting deportation proceedings before their release. This projected increase also can be explained by the growing cooperation between ICE and local law enforcement agencies. State and Local Cooperation with ICE 287(g) is part of larger ICE program known as ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety/Security). 287(g) of the Immigration and Nationality Act authorizes the Secretary of DHS to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement, provided that these officers receive training and function under the supervision of sworn ICE officers. Currently, 47 police agencies in 17 states participate, with 96 more waiting to sign up. 728 officers have been trained and certified through the 287(g) program. Local officers have identified more than 50,000 individuals for possible immigration violations through use of their 287(g) authority. 287(g) Program Currently, ICE offers two options for law enforcement entities seeking 287(g) program. (1) They can apply to the program to train their jail guards or other correction officers to screen arrestees and inmates to make sure that they are in the country legally. (2) They can set up task forces that deal with a certain kind of crime – such as gang activity, smuggling, or document fraud. Who is at Risk for Detention and Deportation Any non-citizen is potentially deportable/removable. There are certain high risk categories of deportation/removal. Undocumented at Risk. Entered without inspection (i.e. crossed the border) Visa overstays Important to note: Work permit does not mean person is in status. Pending application does not mean person is in status. Undocumented individuals are deportable whether or not they have a conviction – but any criminal arrest or conviction makes discovery by DHS more likely. Absconders at Very High Risk Some people do not know they have deportation/removal orders and are considered absconders (in abstentia orders, no notice of decision). Deportation can happen quickly and with no chance to reopen the old case. ICE Fugitive Teams are rapidly expanding. People in Status: LPRs, Asylees, Refugees, People on Valid Visas Can be detained and deported. Most often, this is due to a criminal conviction. Even if sentence completed long ago. Trigger Sites for Immigration Raids, Detention and Deportation Workplaces Homes Borders (airports, land border, seaports) On the street (including day labor pickup sites) Upon application to DHS (citizenship, adjustment of status, renew greencard) DMV and use of false documents Through Criminal Justice System Local police and traffic stops Jail or prison Probation or parole Materials on ICE Enforcement, Detention and Deportation Detention Watch Network, Inc. www.detentionwatchnetwork.org Map of Detention Facilities www.detentionwatchnetwork.org/dwnma p Find where person is detained Find a legal services provider nearby What Communities Can Do Prepare and Plan for immigration raids and other enforcement actions. Plan can be comprehensive and cover an entire state. Maryland Raids Plan Illinois Plan Plan can be comprehensive and work in any size community. CLINIC Plan Plan can tackle the most pressing issues in an area and address the “hot spots” in the community. For example, advocates in Virginia are looking to quell the anti-immigrant legislation and sentiments in Prince William County. They teach rights and family safety planning as part of the response. Plan can cover cities (large or small) or small communities. Each community different. No one plan will be appropriate in all places as there are many variables to weigh. CLINIC’s Approach to Raids Response Comprehensive plan that brings together elements and best practices from existing plans in one document. Envisions a lead anchor agency or group of agencies. Lead/anchor agency brings community groups together to form 5 Enforcement Response Teams. The 5 Enforcement Response Teams are: Community Education Community Liaison Social Services Legal Services Media Relations Each team has sets of activities/actions that should be addressed before, during and after an enforcement action. CLINIC working in 10 communities in U.S. Getting Started: CLINIC’s Plan Identify partners and resources Target a geographic region (city, a county, a state or a region) Set priorities and coordination Review protocols of the 5 Enforcement Response Teams and assign tasks. (Teams include: Community Education, Community Liaison, Social Services, Legal Services, and Media Relations.) Anchor agency plays a pivotal role in communicating with and overseeing the work of the 5 Enforcement Response Teams. Critical Component of Any Raids Plan Educate immigrant community about their rights. San Rafel neighborhood in California Agriprocess, Inc. Urge immigrant community to develop a family safety plan. Communities hit with a raid and need to respond quickly: Review “From Raids to Deportation: A Community Resource Kit.” By the National Immigration Project of the National Lawyers Guild, Inc. and Detention Watch Network: You can access this document at: www.detentionwatchnetwork.org Describes what to do n the first 72 hours after a raid How to find detainees How to organize a visit to a detention center How to find a lawyer How to apply for a bond How to document poor detention conditions At Risk for Arrest and Detention …. Develop a Family Safety Plan (1) Learn about your rights so, in the event that you are confronted with immigration agents or the police, you can exercise your rights if you choose to do so. Know what documents to carry: Carry some legal form of identification issued in the U.S. (driver’s license, green card, employer or school ID, tax payer ID), if possible. Carry a Rights Card. Memorize, if possible, your lawyer’s information. Do not carry someone else’s ID, an ID from another country, or any false documents. Family Safety Plan (2) Safeguard Immigration paperwork. Collect all documents that you have received from or filed with immigration authorities. Tell trusted family members or friends where these important papers are kept. If you have a pending case with immigration, it is important to know the Alien Registration number (“A number”) you have been assigned. Create a list of lawyers that have represented you along with their contact information. Keep this list with your immigration paperwork. Family Safety Planning (3) Gather and safeguard other important documents. It is important to have a passport from your home country. If you do not have one, you may remain in detention for a long time while your consulate verifies your identity. Obtain U.S. passports for your children born in the U.S. so that they will be able to travel to your home country. Collect important documents such as passports, birth certificates, marriage certificate and place them in a secure location. Tell family members or trusted friends where to find these important documents. Family Safety Planning (4) Complete “Emergency Information Forms” for your family. Place them in a secure location and tell trusted family members and a friend where to find these forms. Make a Childcare Safety Plan Consider short and long term care. Consider a Special Power of Attorney for Childcare Make sure your children know who may be caring for them and how to contact him/her if you are away. Make sure that the caregiver knows the names and phone numbers of your children’s schools. Family Safety Planning (5) Make a financial safety plan. Consider short and long term financial issues. What to do about paycheck pick-up, bank access, cars, etc. Consider a Special Power of Attorney for Financial Matters. Know your medication and medical condition. Prescription medicines – know type, dosage and doctor. If you are arrested and detained and are pregnant, feel ill, or have a medical condition that needs attention, tell immigration agents or the police. Family Safety Planning (6) Find a lawyer who specializes in deportation defense who may be able to represent you if you are detained. Sign a copy of a G-28. Leave it with the lawyer and take a copy with you. Keep a signed copy of it with your Emergency Information Forms in case you are detained. Post lawyer’s name and number near the telephone at home. If you have not hired a lawyer yet, post the names and numbers of good immigration lawyers, members of the clergy, or community organizations near the telephone at home in case you are detained. Family Safety Planning (7) Understand Bonds. Only U.S. citizens and lawful permanent residents (LPR) can post a bond at an immigration office. Individuals w/o immigration status or individuals whose status is still pending before an immigration office should not go to the local ICE office to post bond. If you do not have a citizen or LPR relative, make sure to find a trustworthy friend who can post the bond for you. (Once your immigration case is over, the bond money posted will be returned to the person who posted the bond.) Lessons Learned from Raids What to do if a raid happens near you: Teams and responders meet at a central place. Constant communication among teams and among network of volunteers. Centralize services, volunteers, information. Lessons Learned: Community Education Critical to educate community on their rights works. Beware of self-separation – Agriprocess, Inc. raid. One recent example, May 22nd raid on residents in Canal neighborhood of San Rafael. (SEIU-- Word of the raid spread quickly and doors largely remained closed despite ICE agents pounding heavily on them.) Knowing rights makes ICE’s job harder. While it will not stop a raid, it may help to stop deportation. Acting out and role playing during rights presentations is extremely helpful. Safety planning helps families take control of their situation and feel prepared. Lessons Learned: Community Liaison Sympathetic local and state elected official can be extremely helpful. Get information from ICE Stop detainees from being transferred Demand that ICE treat people fairly and let them have access to counsel Know and work with school principals and superintendents (allay fears of parents and children) Faith community essential – churches, etc. where families feel safe and members of the clergy can access and minister to the needs of families. Consulate and collaborate with consulates – access in Agriprocess, Inc. raid. Reach out and get to know lawyers from the Defense Bar in light of Agriprocess, Inc. raid and the large numbers of individuals charged with federal crimes. Lessons Learned Social Services Safe place for families and other members of the community to gather Central location for service delivery (family assistance, legal services to families) Central location for donations – monetary, food, clothing, etc. Hotline where families can call for updated information On going support for families left behind extremely important. Don’t underestimate the emotional and other needs of the families left behind in a raid. Lessons Learned: Legal Services In general, observers say that access to legal services better for those detainees who have lawyers. In safety planning, encourage individuals to hire a lawyer if at risk for arrest and detention. Attorneys in LA made an agreement to represent raid victims low or pro bono – max $2500 before IJ and if additional appeal $3500. Work with the defense bar to make sure that the lawyers understand the immigration consequences of advising clients to enter into plea agreements to crimes. Lessons Learned: Legal Services ICE using large numbers of Stipulated Removal orders. When serving NTAs, ICE has been using a pre- marked box indicating that person does NOT want a hearing. Arrestees have to be assertive to get past box checked and assert their right to a hearing. In Raids planning, pro bono lawyers, students, volunteer translators as well as a coordinator for legal services needed. Need lists of attorneys that can specialize in detention and deportation defense as well as criminal law. Lessons Learned: Legal Services Example, legal services in New Bedford: Law firm volunteers recruited and trained to represent individuals in bond hearings; students and others recruited for Spanish language translation. AILA attorneys recruited to represent individuals in motions to reopen. Law firm and law students researched and wrote model motion to suppress admissions of alienage. Don’t forget USCs and LPRs who are detained. In Los Angeles, these folks filed federal tort claims for $5000 each. Lessons Learned: Media Relations Need coordinated immediate response to raid. In New Bedford it was helpful to have one agency handling media with updates on website with stories, video, and how to help detainees. (MIRA did this in New Bedford.) In LA they used a central phone number of the Spanish speaking press and gave that number out. (Attorneys and volunteers checked that number regularly as well.) Other Lessons Learned Remind immigrants, never talk about status at work. ICE is wiring individuals to gather evidence at worksites. Community involvement critical to success of raids response. RAIDS RESOURCES Immigration Advocates Network (IAN) Has a Raids and Immigration Enforcement Library Legal materials with sample motions to suppress, bond motions, complaints for racial profiling Raid Response, Plans and Advocacy Materials Video on Immigration Raids and the 4th Amendment Can register, available to non-profit service providers. http://www.ian.org Raids Resources – Plans (1) AILA Chapters: Workplace Raids Action Plan.” Also, “Lessons Learned From New Bedford, MA” “Raids Preparedness Checklist” By American Immigration Lawyers Association You can access materials at: www.aila.org. Note: There are other materials available to members on AILA’s website. Maryland Raid Response Plan By CASA of Maryland Contact Eliza Leighton at (301) 431-4185 Raids Resources – Plans (2) CLINIC National Enforcement Response Plan: A plan to help communities prepare and plan for immigration enforcement actions. By the Catholic Legal Immigration Network, Inc. You can access it at www.cliniclegal.org. Community Raid Preparedness Checklist By Fair Immigration Reform Movement You can access this document at: www.fairimmigration.org Raids Resources – Plans (3) How to be Prepared for an Immigration Raid By the National Immigration Law Center (NILC) You can access this document at : www.nilc.org From Raids to Deportation: A Community Resource Kit. By the National Immigration Project of the National Lawyers Guild, Inc. and Detention Watch Network: You can access this document at: www.detentionwatchnetwork.org Raids Resources – Plans (4) Preraid Community Safety Plan By Detention Watch Network, Families for Freedom, National Immigration Project. You can access this document at: http://detentionwatchnetwork.org/sites/ detentionwatchnetwork.org/files/Pre%20 Raid%20Community%20Safety%20Plan. pdf Know Your Rights Materials (1) WARNING: Protect Yourself From Immigration Raids, English and Spanish, CASA de Maryland: www.immigrantrights.org/CASAofMaryland.pdf Brochure: Rights during immigration raids. By Detention Watch Network, National Immigration project of National Lawyers Guild, and CASA de Maryland. http://www.nilc.org/ce/ceindex.htm#know- rights How to be Prepared for an Immigration Raid. English and Spanish. By National Immigration Law Center. http://www.nilc.org/ce/ceindex.htm#know-rights Know Your Rights Materials (2) WHAT TO DO IF ….. You Are Stopped By Immigration Agents Or Police While On Foot. Your Car Is Pulled Over By Immigration Agents Or Police. Immigration Agents Or Police Come to Your Home, English and Spanish, By the ACLU of Southern California You can access this document at: http://www.aclu- sc.org/Action/KnowYourRights KNOW YOUR RIGHTS: What to Do If Questioned by Police, FBI, Customs Agents or Immigration Officers, English, By the ACLU You can access this document at: http://www.aclu.org/kyr/kyr_english.pdf Note: A similar version of this document is available in Spanish, Arabic, Urdu, Hindi, Punjabi, Farsi and Somali at http://www.aclu.org/safefree/general/17444res20040528.html Know Your Rights Materials (3) What to do in the event of a Raid, English and Spanish By the National Day laborer Organizing Network, Legal Aid Justice Center – Immigrant Advocacy Project, Tenants and Workers United, Central American Resource Center, Catholic Charities Hogar Hispano, Virginia Organizing Project, El Pueblo Unido You can access the document at: http://www.justice4all.org/our_programs/vjc/links Know Your Rights at Home and at Work, English and Spanish, By the National Immigration Law Center http://www.nilc.org/ce/ceindex.htm#know-rights Know Your Rights Materials (4) If I am Stopped …A Know Your Rights Guide (Korean and English) By National Korean American Service and Education Consortium http://www.nakasec.org/blog/968 Know Your Rights (English, Spanish, Portuguese, Mayan) By Canal Street Alliance http://www.canalalliance.org/Immigratio n_Resources.shtml Know Your Rights Materials (5) Know Your Rights Video By Coalition for Humane Immigrants Rights of Los Angeles (CHRLA) Order by contacting CHRLA directly or online at www.chirla.org Guide for Community Training on Raids and Detentions By Immigrant Defense Committee (coalition of immigrant advocates, religious organizations, and unions) Order by contacting Tim Bell at firstname.lastname@example.org Questions and Comments Special thanks to Detention Watch Network, Inc. for detention and deportation information.
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