John Stahl

Reports of Increased Immigration Enforcement Efforts by ICE – Know Your Rights

 

Recent reports indicate that the Department of Homeland Security (DHS), Immigration Customs Enforcement (ICE) has plans again to launch a “surge” of arrests targeting recently arrived Central American woman and children over the next 30 days.

There is NO indication of any increased enforcement efforts in New York State or City at this time.

However, here is a list of tips and rights that you should know in case you feel that in the future you could be arrested and detained by ICE:

  • The group of immigrants that may be at risk should there be a raid are only:
    • If you have been seen as a threat to the national security in the past
    • If you are either undocumented or a lawful permanent resident but have been convicted of certain criminal offenses whether they are old convictions or more recent ones such as, driving under the influence, drug crimes, domestic violence, unlawful gun possession, and child endangerment.
    • If you entered the United States after January 1, 2014 and have either:
      • Were ordered deported or removed in immigration court after January 1, 2014;
      • Agreed voluntarily to return to your home country
      • Arrived after January 1, 2014 and have overstayed your visa status
      • You did not go to court for a hearing and were ordered deported (HOWEVER if you have a case pertaining to this right now and are going to court you should not be at risk)
  • ICE cannot do raids to arrest immigrants at schools, places of worship, hospitals, weddings or funerals.
  • If you feel you might be arrested, should there be a raid, you should tell your family now where all your employment and other documents are pertaining to your identity and theirs. In the case that you are arrested they will be able to take your documents to an attorney who can fight your case or state your options.
  • If you feel you might be arrested in a raid in the future you should see an attorney now to find out information about your options.
  • What to do should ICE come to your home or approaches you in public:
    • ICE agents might wear plain clothes or say they are police or say they are investigating a crime.
    • If ICE comes to your home they should have a warrant signed by a judge. If they do not have a warrant signed by a judge you DO NOT have to open your door. Ensure that they slip the warrant under your door and that the warrant has your name on it before opening the door.
    • Ask an ICE agent to see their ID
    • Inform them if there are children or elderly people in your home.
    • If any ICE agent does not have an ID or signed warrant with a judge’s signature and your name on it, politely tell them “I do not consent to you being in my home. Please leave.” If they search your rooms say “I do not consent to your search”.
    • You DO NOT need to answer any questions that an ICE agent might ask. Under the 5th amendment you have the right to remain silent.
    • Should you answer any questions that an ICE agent asks you, DO NOT lie about your answers. The best thing to do in this situation is to remain silent and politely decline to answering their questions.
    • Anyone who is arrested must be told these four things before being questioned by the police:
      • You have the right to remain silent
      • Anything you say can and will be used against you in a court of law
      • You have the right to an attorney
      • If you cannot afford an attorney, one will be appointed for you. So stay silent until you have an attorney present.
    • DO NOT sign any papers that ICE gives you without first speaking with your attorney.
    • You DO NOT need to share information on where you were born or your immigration status.
    • You DO NOT need to give them your passport or other documents.

For more Know Your Rights information in English and Spanish.

 

Diversity Visa Lottery (DV-2017) Online Entry Status Check Now Open

Those who submitted an entry under the Diversity Visa 2017 green card lottery (DV-2017) can check the status of their application online starting on May 3, 2016, at noon. The entry registration period for the 2017 Diversity Visa program (DV-2017) was between October 1, 2015 and November 3, 2015.

All DV-2017 applicants must check their status online, and will not receive a notification letter or e-mail from the U.S. government. DV Entry Status Check will only be provided through the Department of State secure online site. Until September 30, 2017, entrants are able to check the status of their entry through the E-DV website at http://dvlottery.state.gov/ESC. Entrants need to use their own confirmation page information from the time of their entry to check the status to find out if their Diversity Visa Lottery entry was or was not selected. Entrants will need to enter their last name, year of birth and confirmation number from the receipt.

Please keep your confirmation number until at least June 30, 2017, even if you are not selected on May 3, 2016. The Department of State may select more DV-2016 entries on October 1, 2016 or after.

All lottery applicants who were assisted at our office would have received a copy of their application confirmation page with their confirmation number. Please contact our office if you need the information again.

It is expected that the next application period for the DV Lottery will be between October and December this year. Official dates, rules and eligible countries should be announced by late September. For more information, go to the official US State Department website at www.dvlottery.state.gov. You may also contact our office in the early fall for more information and assistance to complete another application. Be aware that the application for the DV lottery is free and you do not need to pay anyone to enter.

Emerald Isle closed while making improvements

Emerald Isle Immigration Center is proud to have been an integral part of the Woodlawn community for over 20 years. Since 1993, we have grown in service and in size. Earlier this year we were fortunate to become the owner of our long-time office at 4275 Katonah Avenue. Over the past weeks we have discovered the need to make emergency repairs to our building.

These emergency repairs have caused the occasional temporary closing of our office in the Bronx. For this we apologize to our clients and community. Please be assured that we will reopen as soon as possible.

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Fifth Circuit Court upholds suspension of Executive Action programs and Obama administration will file an appeal of the decision to the U.S. Supreme Court

 

The Emerald Isle Immigration Center’s Executive Director Siobhan Dennehy expressed “disappointment but no surprise” that late yesterday a divided three judge panel of the Fifth Circuit Court of Appeals denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s deferred action initiatives from being implemented. Finally, however, this decision clears the path for the Obama Administration to take this case to the U.S. Supreme Court. The Obama administration should move quickly to petition the United States Supreme Court for review.

Specifically, the Fifth Circuit Court’s decision continues the hold on the expansion of the deferred action for childhood arrivals program (DACA) and the deferred action program for parents of US citizen and permanent resident children (DACA) which were announced almost one year ago by President Obama. Together, these programs could provide as many as five million immigrants and their families with temporary relief from deportation.

This unfortunate decision is a another setback which will further delay the implementation of these programs. Should the Obama administration file a timely request and the U.S. Supreme Court decide to review the decision by early next year, a final decision will be reached by next summer. Those who qualify under these programs should not be deterred from continuing to gather the necessary documents and information and remain in the United States in anticipation of further more favorable developments in the coming months. Potential applicants should secure reliable advice from qualified immigration counsel and beware of immigration scams.

Update on Executive Action on Immigration

 

Nearly one year ago, President Obama announced his plan for executive action to provide administrative relief to certain individuals without immigration status currently in the United States on November 20, 2014. Initial details indicate that his plan will help long term undocumented parents of children who are U.S. citizens or permanent residents by giving them authorization to work legally and protecting them from deportation (or DAPA) in addition to expanding the existing deferred action program for childhood arrivals (DACA).

Please be advised that no one is eligible at this time and beware of any scams to apply for benefits immediately under this new program.

We continue to await a decision from the Court of Appeals for the 5th Circuit on the Administration’s executive action policies on immigration (DAPA and expanded DACA). Oral arguments were heard on July 10, 2015. Either side could choose to appeal the impending decision to the US Supreme Court, which means that possible expanded DACA and DAPA implementation may not occur until next year. Since DAPA and expanded DACA are administrative relief programs, the newly elected president could alter or remove the program entirely when they assume office in 2017.

As more information becomes available we will be posting on our website at www.eiic.org, Facebook page and Twitter stream.