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President Donald Trump’s rapid-fire actions targeting undocumented immigrants nationally — which included immigration enforcement operations in the Austin, Dallas-Fort Worth and San Antonio areas in recent days — have sparked questions and concerns for immigrants, especially those who are in the country illegally. Here’s what immigration attorneys and experts say you should know about immigrant rights and resources.
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What do the Trump administration’s actions mean for immigrants?
One of the most significant changes is the expansion of expedited removals, which allows the U.S. to deport someone without a hearing before an immigration judge, said immigration attorney Sebastian Simon, whose firm has offices in New York and Houston. Typically, expedited removals are used at or near the border, but Trump expanded it to apply to undocumented immigrants anywhere in the U.S. who have been in the country for less than two continuous years, he said.
This is not the first time Trump has fast-tracked deportations, and the American Civil Liberties Union has once again sued the administration to halt expedited removals.
Immigrants temporarily allowed to come into the U.S. through what is known as humanitarian parole could also face expedited removal, Simon said.
Right now, federal immigration agents appear to be focusing on people with outstanding removal orders and criminal records, Simon said, but any undocumented immigrants they encounter could also be apprehended. Trump recently signed a new law that requires the Department of Homeland Security to detain unauthorized immigrants who have been accused of committing even minor crimes, such as shoplifting or theft.
Simon said immigrants with temporary protected status and those in the Deferred Action for Childhood Arrivals program continue to have protection from deportation as long as they are not convicted of a crime. Still, he recommends that people in those programs try to adjust their immigration status if possible.
Lawfully present immigrants such as legal permanent residents, visa holders and refugees or asylees can also face deportation if they are convicted of deportable crimes, which are typically serious crimes but can also include drug-related criminal offenses.
Can authorities detain people in churches and schools?
The Trump administration canceled policies that limited arrests of immigrants in sensitive locations like schools, churches and hospitals.
Gov. Greg Abbott previously ordered Texas hospitals and clinics to ask patients to disclose their immigration status, but patients do not have to respond, according to the ACLU and other advocacy groups. And Abbott’s order said patients should be informed that their care shouldn’t be affected because of their response.
What precautions can undocumented immigrants take?
Immigrants can take the following precautions to prepare in case they encounter authorities:
Stay informed. Make sure you get information from reputable news sources and trusted immigration attorneys or organizations such as the National Immigrant Justice Center.
Learn your rights. Organizations such as the American Civil Liberties Union of Texas or Catholic Charities of Central Texas offer training on immigrants’ rights.
Hire or talk to a qualified attorney. Simon recommends avoiding notaries or other individuals who bill themselves as immigration consultants, who may be able to help you fill out forms but cannot provide legal advice.
Have your documentation ready. In case there’s an emergency, Simon said immigrants should have the following in a safe place and put scanned copies on their phone:
Proof of identity (a passport, consulate ID, work permit, green card, etc.).
Immigration or USCIS case documents such as applications for a visa, asylum, temporary protected status or DACA.
If applicable, proof that they’ve been in the country for two continuous years to avoid expedited removal. This can include lease agreements, utility bills, medical records, tax or school records, or a valid work permit.
Other legal documents, including birth certificates and marriage licenses.
Have a family plan in case of arrest. Families should prepare:
An emergency contact list with family members, friends and others who may be able to help.
Contact information for an immigration attorney or legal aid organization, plus the number of their home country’s consulate or embassy.
Family members should know who to go to and where to find important documents if someone in the family is detained, and children should know who to contact in case they’re separated from their parents.
A notarized document detailing who is authorized to take care of their children, pets, property and bank accounts, including a power of attorney to allow someone to handle their finances, sign documents and make decisions on their behalf if they are detained.
What rights do undocumented immigrants have?
Under the U.S. Constitution, immigrants have these rights when interacting with authorities:
The right to remain silent by saying “I wish to remain silent.” Texas law requires anyone who is arrested or detained to give their name, date of birth and address, but they don’t have to answer other questions.
The right to refuse an officer entry to their home without a valid search or arrest warrant signed by a state or federal judge (not an immigration court judge).
The right to hire an attorney.
The right to request an interpreter if they face removal proceedings.
Maria Cordero, an ACLU of Texas policy and advocacy strategist, said that for a search warrant to be valid, it must be signed by a state or federal judge and needs to include the name of the individual whose residence is to be searched and a specific address (an apartment complex address isn’t enough for example, it must include the unit number).
Civil rights and immigrant rights organizations such as the ACLU of Texas recommend asking the officer to slide the warrant under your door or to display it through a window before allowing agents to enter a home.
What should immigrants do if officers come to their work?
If immigration officials or police go to a workplace, Cordero said, immigrants also have the right to remain silent and not answer officers’ questions. Employers can ask officers to remain in public areas and request to review any documents or warrants officers may have, Cordero added.
What should immigrants do if they are stopped in their vehicle?
If an immigrant is pulled over by police and doesn’t have a driver’s license, Cordero said they can say they don’t have a license, but don’t have to tell the officer why or disclose their immigration status.
Read more about immigrants’ rights in various situations from the ACLU of Texas. In any situation, Cordero said it’s important for immigrants to remain calm to avoid escalating the situation.
What resources are available for immigrants?
There are many organizations that offer legal aid to immigrants in Texas, including:
Consulates and embassies from immigrants’ home countries may also offer assistance. For example, Mexico launched an app called ConsulApp Contigo for its citizens in the U.S. to learn about their rights and to alert their emergency contacts and consulate if they are detained with a push of a button. The app is available for both Apple and Android users.
You can find a list of consulates and embassies and contact information for them through the Texas Secretary of State’s website.
This article in this post was originally published on the Texas Tribune website and parts of it are republished here, with permission under a Creative Commons license.
