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If you are an immigrant or refugee who is not a legal citizen of the United States you may be at increased risk of detention and deportation under the new administration. You should know your rights and be prepared to exercise those rights if you are approached by law enforcement or ICE.
The federal government has the right to detain and deport individuals who do not have lawful immigration status and individuals who have status (permanent residents, refugees, and visa holders) who have criminal convictions. However, the new administration may expand conditions for detention or deportation by rescinding previous protections. At the present time, individuals who are believed to be at most risk under the new administration are: • Persons with prior deportation or removal orders with which they have not obeyed • Persons with criminal convictions • Persons who may have had previous contact with ICE and are already known by ICE • Undocumented individuals collaterally picked up during raids or target ICE enforcement > A video explaining your rights is available in multiple languages here. > A printed handout explaining your rights is available here and here. > Flyers explaining your rights in various situations are available here (click on "Click to Download Resources")
If you are in this country without legal papers, you should consult an immigration lawyer or the legal staff at Catholic Charities or Lutheran Social Services to determine the possibility of obtaining documentation. If you are in this country under a temporary or provisional status, you should consult an immigration lawyer or the legal staff at Catholic Charities for Lutheran Social Services about how to protect your status. If you are at risk of detention and deportation, you should have a plan to provide for your loved ones in the event you are detained and/or deported. > Information about making a family safety plan is available here. 1. You should take steps to protect your children and your property by completing these legal forms which designate a person of your choice to care for your children and your property if you are detained or deported. Do not designate a person who is themselves at risk of being detained or deported. > Power of Attorney for Children > Power of Attorney for Personal Property (NOTE: these forms must be signed in the presence of a Notary Public. Notaries Public are available at the Queen of Peace Parish Office, most banks and credit unions, the Waterloo Public Library, and Black Hawk County Auditor's Office. Proof of identity is required to have a document notarized.) 2. Make arrangements for mortgage, rent, utilities and car payments. 3. You should make sure that all of your legal documents, papers, and contact information, including any pending immigration applications and your Document A are stored in a safe place where a person you trust can find them if you are detained. You should make a copy of these documents or scan these documents and email a copy to yourself. Never carry any fake documents with you. Do not leave your papers with a person who is themselves in danger of being detained or deported. 4. Make sure your family knows your Alien Number (A#); they will need this to contact you or track your whereabouts if you are detained. >If you are detained or arrested, family members can track your location at: here. > Other information your family should know if you are detained is available here. 5. If you have a lawyer you should complete a G-28 document which allows your lawyer to contact you while you are in detention. 6. You should register yourself and your family members with the consulate of your country of origin. The consulate may be helpful in determining your status and your location if you are arrested. > The Consulate of Mexico is located in Omaha, Nebraska (phone: 402-595-1841; email: consulmexomaha@gmail.com ). 7. Make a list of your lawyer’s phone number, an emergency contact, other important phone numbers, your A#, medical conditions and a list of medications; keep this list with you in case your cell phone is confiscated.
If you are at risk of detention and deportation, the safest place is your home. You may deny entrance to anyone who does not have an arrest warrant, signed by a judge, and specifically naming you. ICE agents must have an arrest warrant specifically naming you in order to enter your home, apartment or any private residence in which you are present. Do not open the door before examining the documentation which law enforcement presents. Never allow young children or the elderly to answer the door. You have the right to remain silent if you are questioned by law enforcement or ICE when a lawyer is not present. > You can copy and print a statement invoking your right to remain silent here. > You have the right to observe and record police on duty and in public as long as you do not interfere with their activities. If you are actually interfering with police activity, police can legally order you to stop photographing or recording. If you are a passenger in a vehicle you have the right to remain silent. The driver of the vehicle has a legal obligation to provide the normal driver registration information which law enforcement may request.
If you are at risk of detention and deportation during a workplace raid, you have the right to remain silent, to contact a lawyer, and to refuse to sign any documents you are asked to sign without consulting with a lawyer or immigration advocate. Under certain conditions you have the right to argue your case before a judge. > Learn more about your rights during a workplace raid here and here. > You can copy and print a statement invoking your right to remain silent here.
If you have questions about protecting yourself and your family you should contact an attorney who practices immigration law, Catholic Charities Immigration Services, Lutheran Social Services, an immigrant advocacy organization such as Waterloo Hispanic Ministry, Cedar Valley Advocates for Immigrant and Refugee Rights, the Iowa Movement for Immigrant Justice, or the National Immigrant Justice Center. > Waterloo Hispanic Ministry is located at 320 Mulberry St. Phone: 319-234-6744.
> The Catholic Charities Immigration Legal Services office is located in Cedar Rapids. Phone: 319-364-7121. > The local office of Lutheran Social Services is located at 3640 University Avenue in Waterloo. Phone: 319-233-3579. > A list of immigration lawyers and immigrant advocacy organizations in Iowa is available here. > Contact Cedar Valley Advocates for Immigrant and Refugee Rights at cvairr@gmail.com. Phone: 319-486-1951. > Contact the Iowa Movement for Immigrant Justice at 515-255-9809.
> Detained immigrants may contact the National Immigrant Justice Center by calling collect to 312-583-9721. If you or your family need financial assistance or other help due to the detention or deportation of a family member,contact Cedar Valley Advocates for Immigrant and Refugee Rights by phone or text at 319-486-1951. If you or your family need spiritual and emotional support due to the detention or fear of detention of a family member, contact the CVAIRR Spiritual and Emotional Support Team at sescvair@gmail.com
Learn More: Know Your Rights Tool Kit Videos(Catholic Charities/Archdiocese of Dubuque) Know Your Rights With ICE (Immigrant Defense Project)EnglishSpanishFrenchHaitian-Creole Know Your Rights flyers(Catholic Legal Immigration Network) > Click on the link "Click to Download Resources" for flyers in English, Spanish, French and Haitian-Creole Know Your Rights If You Are in Detention(National Immigrant Justice Center) Know Your Rights If You Are Representing Yourself in an Immigration Proceeding (National Immigrant Justice Center)EnglishSpanish What Families Need to Know If a Family Member is Detained (National Immigrant Justice Center)EnglishSpanish
The information provided here and in the links on this page is informational. It is not intended as legal advice and is not a substitute for advice from your own legal counsel.