TAMMYE NASH | Managing Editor
Nash@DallasVoice.com
As of Feb. 7, Immigrations and Customs Enforcement — ICE — was holding 68,289 individuals in detention, according to information provided by The Transactional Records Access Clearinghouse, or TRACReports, a nonpartisan, independent research organization founded in 1989 and based at Syracuse University.
Of those nearly 70,000 people, TRACReports notes, 50,259 — or 73.7 percent — have no criminal conviction. And many of the remaining 26.4 percent have been convicted of only minor offenses.
That’s a far cry from the Trump administration’s claims of rounding up and detaining or deporting only “the worst of the worst.” What’s more, according to ProPublica, more than 170 U.S. citizens were held by ICE last year, many of those being citizens of Latino descent who were arrested in raids on work sites or at protests.
With those sobering numbers in mind, Dallas Voice has compiled this information intended to help immigrants and citizens. But while this general information is important to know, Dallas attorney Lynn S. Olinger of Olinger Law, board certified in immigration and nationality law, stresses that every case is unique.
“Immigration law is highly fact-dependent,” Olinger said. “People should be cautious about relying on one-size-fits-all advice. Reputable know-your-rights organizations have excellent general guidance. But anyone with specific concerns should consult a qualified immigration lawyer for advice tailored to their situation — especially where detention risk, prior immigration history or criminal history may be involved.”
Resources
This information was compiled with help from:
• Lynn S. Olinger, immigration attorney,
214-396-9090, LSOLaw.com.
• Oasis Legal Services, 510-666-6687,
OasisLegalServices.org.
• Amnesty International USA,
AmnestyUSA.org.
• Transgender Law Center, 510-587-9696,
TransgenderLawCenter.org.
• Immigrant Legal Resource Center,
415-255-9499, ILRC.org.
To reach the National Immigration Detention Hotline from detention, dial 9233#.
Immigration Advocates Network, ImmigrationAdvocates.org, maintains a directory of available legal services.
Know your rights
- First and foremost, know that you have the right to remain silent and refuse to answer any questions. Exercise that right.
- Also remember that you should never sign anything until you have spoken with a lawyer.
- Do not open your door to ICE unless they have a judicial warrant from a judge. Ask them to slide the warrant under the door before you open the door. This is valid for homes, restaurants, schools, places of worship and any private space. And be careful not to fall for any of the tricks ICE is known to use to get people to either let agents in their homes or to lure people out of their homes.
- If you are arrested by ICE and you fear returning to your country of origin, shout out your right to seek asylum — shout loudly and as often as you can.
- Be prepared for possible contact with ICE. Be aware of address history and/or work addresses that the Department of Homeland Security has for you. Send photocopies of them to a U.S. citizen friend. If you have had interaction with immigration before, and have been issued an A number, make sure a trusted U.S. citizen knows your A number.
- Make a plan for children who may be left behind. If you have an attorney, make sure a friend or family member contacts your attorney if you are picked up by ICE. If you have ever been arrested, give a U.S. citizen friend a copy of your criminal documents and your attorney’s number.
- If you are transgender, be prepared for ICE agents to misgender you and make offensive remarks about your gender identity and/or sexual orientation. Do not let them goad you into responding.
- If you fear persecution in your home country because you are LGBTQ+, say so when you are being interviewed by an immigration officer. Tell them as many times as it takes: “I am afraid to go back to my country for fear of persecution and death because I am LGBTQ+.” Tell them you are requesting a credible fear interview or that you are a victim of crime or trafficking and want to apply for a U or T visa, if applicable.
- If you are taking medication, keep a list of the medications you take so you can request that medication if you are detained.
- Do carry with you a valid work permit or green card. Carry state ID or driver’s license if it was issued in the U.S. and does not include information on your country of origin.
- Do carry with you the telephone number who can call an attorney and access your documents if necessary.
- Do carry evidence that you have been in the U.S. for more than two years if you have it, such as lease agreements or school records. But carry copies to protect originals.
- Do carry evidence you are in this country legally if you have it.
- Do NOT carry documentation about your country of origin such as a passport or consular ID.
- Do NOT carry false identity or immigration documents.
- Do not lie to ICE and do not run.
- If you are a U.S. citizen and ICE tries to detain you, tell them you are a citizen. Ask to speak to a lawyer. Ask for the agent’s name and badge number and write that information down. And consult an attorney about filing a lawsuit if you are illegally detained. Remember, ICE does not have to the right to arrest or detain U.S. citizens.
Remember that U.S. citizens can play a vital role as advocates, You have the right to record or take photos in public view of law enforcement and ICE as long as you do not interfere with an arrest. Get the important details about what you saw, including names, phone numbers of other witnesses, badge numbers, etc.
These are just a few important items to remember in the event of any interactions with ICE. If you believe you may be in danger of detention, make a plan. Have a backup. Have resources in place before you need them.