“Know Your Rights ” Training Korean American Resource & Cultural Center August 21, 2007 Why is it important to know your rights? 1. Regardless of immigration status, knowing rights is important because ICE and local police will not necessarily tell you what your rights are in the context of a raid or immigration status inquiry and As a immigrant, you may become a victim of racial profiling. Reality is getting worse! the absence of federal action such as passage of Comprehensive Immigration Reform, and more cities and towns are passing local laws or ordinances. Ex) Waukegan Recently, Michael Chertoff, Secretary of DHS, stated that raid were only going to increase. Massive No-Match Letters will be sent out in fall. What to do if immigration or police comes to your home? Do not open the door Ask the officer if they have warrant Review the warrant and look for your name, your address, and a signature If the warrant looks valid and it has your name, go outside and talk to the officer You have the right NOT to let the officer enter the house What to do if immigration or police comes to your workplace? Stay calm. Do not run! You have the right to keep silent Do not tell the immigration officer or police where you were born or what your immigration status is. Do not show the officers any papers or any immigration documents. If they ask for your papers, tell the officer, “I wish to talk to a lawyer.” What to do if you are detained? Write down the name of the officers and their agency Remain silent and request to speak with a lawyer Contact your attorney or a family member You have the right to make a telephone call after you are arrested If you need language assistance, you have the rights to request it Do not take “voluntary departure” – signing that agreement means that you won’t get a hearing in front of a judge and you will have to leave the U.S. Develop a safety plan 1. Make a plan with your co-workers Talk with your co-workers to see if they are willing to make a collective decision that everyone - regardless of their immigration status - will remain silent and ask to speak with an attorney in the event of a workplace raid. Tell co-workers not to run and to remain calm if there is a raid. 2. KNOW WHAT DOCUMENTS YOU SHOULD CARY WITH YOU Carry a card with the contact information of your immigration attorney and/or union representative. Carry a card, indicating that you wish to remain silent 3. MAKE A PLAN TO CARE FOR YOUR FAMILY If you have children or elderly relatives, make arrangements in advance for a family member or friend to care for them if you are detained. Make sure you designate individuals you trust to make decisions for you if you are detained. 4. FIND AN IMMIGRATION ATTORNEY Find an attorney who specializes in deportation defense who may be able to represent you if you are detained. Have the names and phone numbers of several good immigration attorneys posted near the telephone at home so family members can call an attorney if you are detained. If ICE refuses to allow you to call a lawyer or family member, then at that time, give them only your name and date of birth. Once a person is detained, in order for an attorney or family member to get information about the person, such as where the individual is being detained, you need to provide the detention office (DRO) with the name and date of birth of the detainee in order to locate them.