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RAIDS REPAREDNESS How to Help Communities Plan

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					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 timobell@yahoo.com
Questions and Comments
 Special thanks to Detention Watch
  Network, Inc. for detention and
  deportation information.

				
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