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ICE

Everyone has rights!!!

Everyone has rights!!! Immigrants have rights!! Undocumented immigrants have rights. See the Know Your Rights card below.

In addition, there are some safe zones where Immigration and Customs (“ICE”) are not to conduct enforcement actions. These include

1) Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;


2) Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;


3) Places of worship, such as churches, synagogues, mosques, and temples;


4) Religious or civil ceremonies or observances, such as funerals and weddings; and


5) During public demonstration, such as a march, rally, or parade.

If they do, you may contact the ICE Detention Reporting and Information Line at (888)351-4024 or through the ERO information email address at ERO.INFO@ice.dhs.gov, The Civil Liberties Division of the ICE Office of Diversity and Civil Rights may be contacted at (202) 732-0092 or ICE.Civil.Liberties@ice.dhs.gov.

For more information go to: https://www.nilc.org/…/community-educatio…/know-your-rights/ or our Facebook page. 

Todos Tenemos Derechos!

Todos tienen ciertos derechos básicos, sin importar quien es presidente. Si usted tiene que tratar con oficiales de Inmigración y Control de Aduanas (ICE por su sigla en inglés) en la casa, calle, o en algún otro lugar, recuerde que tiene los derechos descritos en este documento. Este documento también provee sugerencias de cómo hacer valer sus derechos.

Para mas informacion vaya a: https://www.nilc.org/…/immig…/todos-tienen-derechos-basicos/ o a nuestra pagina de Facebook.

 

DACA (Deferred Action for Childhood Arrivals) Renewal Guidance

If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action.  For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.

An individual whose case was initially deferred under DACA by ICE may be considered for Renewal of DACA from USCIS if he or she:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching his or her 16th birthday and established residence at that time;
  • Has continuously resided in the United States since June 15, 2007, up to the present time;
  • Did not depart the United States on or after August 15, 2012 without advance parole.
  • Was present in the United States on June 15, 2012, and at the time of making his or her request;
  • Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
  • Has graduated or obtained a certificate of completion from a high school, has obtained a general educational development certificate,  is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; or was in school at the time he or she requested DACA from ICE and: 1) has successfully completed an education, literacy, or career training program (including vocational training) and obtained employment,  2) is currently enrolled in high school, postsecondary school or a new/different education, literacy or career training program, or 3) has made substantial, measurable progress toward completing an education, literacy, or career training program and,
  • Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

USCIS will review your request to determine whether the exercise of prosecutorial discretion is appropriate in your case. Each case will be considered on an individual, case-by-case basis.  Even if you satisfy the threshold criteria for consideration of Deferred Action for Childhood Arrivals, USCIS may determine, in its unreviewable discretion, that deferred action is not warranted in your case. You will be notified of the decision in writing. There is no motion to reopen/reconsider the decision and there is no right to appeal; however, USCIS may issue a Request for Evidence to obtain further evidence to demonstrate that you meet the guidelines.

For additional information on needed documentary evidence or to download the required forms, please visit www.uscis.gov/childhoodarrivals.

What are ICE Detainers and holds?

When a person is arrested and is taken to a local or county jail, Immigration and Customs Enforcement (“ICE”) may place a hold on that person.  People often hear that someone may have an ‘immigration detainer’ on them.

What is an Immigration Detainer?  An ICE detainer is a request by ICE to the local jail or local enforcement agency (“LEA”) regarding someone in custody.   The request asks the jail to notify ICE when the person will be released, and to hold the person for an extra 48 hours so that ICE has an opportunity to come get them.

Is the Detainer mandatory?  No, the LEA is not required and does not have to notify ICE or hold the person an additional 48 hours. 

  • An Immigration detainer is not an arrest warrant
  • An Immigration detainer is not a criminal warrant
  • An Immigration detainer does not mean that the person is a criminal
  • An Immigration detainer does not mean that a person is deportable or here unlawfully

When will an Immigration Detainer be placed?  The detainer can be placed at any time by ICE.

When is the Detainer Triggered?  It is triggered the moment a defendant is not otherwise detained by a criminal justice agency.

  • Triggered when:
    • Bond is posted
    • Signature bond is executed
    • If lodged at time of sentencing, then when sentence is completed.
    • If charges dismissed and you are free to go
    • Released on own recognizance
    • Sentenced to time served —
    • Jails must immediately notify ICE that a detainer has been triggered.  It is not triggered at the time the jail notifies ICE.
    • Once triggered, local jail may continue to hold the defendant for a maximum of 48 hours in order for ICE to assume custody.  Not more than 48 hours

How do ICE agents and officers decide when to place a detainer?

ICE has certain enforcement priorities.  Absent extraordinary circumstances, ICE will place a detainer in the federal, state, local, or tribal criminal justice systems against a person only where

(1) they have reason to believe the individual is an alien subject to removal from the United States and

(2) one or more of the following conditions apply:

  • the individual has a prior felony conviction or has been charged with a felony offense;
  • the individual has three or more prior misdemeanor convictions; Given limited enforcement resources, three or more convictions for minor traffic misdemeanors or other relatively minor misdemeanors alone should not trigger a detainer unless the convictions reflect a clear and continuing danger to others or disregard for the law.
  • the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involves-
    • violence, threats, or assault;
    • sexual abuse or exploitation;
    • driving under the influence of alcohol or a controlled substance;
    • unlawful flight from the scene of an accident;
    • unlawful possession or use of a firearm or other deadly weapon;
    • the distribution or trafficking of a controlled substance; or o other significant threat to public safety; A significant threat to public safety is one which poses a significant risk of harm or injury to a person or property
  • the individual has been convicted of illegal entry pursuant to 8 U.S.C. § 1325;
  • the individual has illegally re-entered the country after a previous removal or return;
  • the individual has an outstanding order of removal;
  • the individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or
  • the individual otherwise poses a significant risk to national security, border security, or public safety. For example, the individual is a suspected terrorist, a known gang member, or the subject of an outstanding felony arrest warrant; or the detainer is issued in furtherance of an ongoing felony criminal or national security investigation.

A detainer is not required in each case and all officers should exercise prosecutorial discretion based on the merit of each case as outlined in a John Morton memorandum dated June 11, 2011 entitled Exercising Prosecutorial Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens and other applicable policies.

Who Pays for Holding the Individual longer?

  • Taxpayers generally foot the bill – Local agencies expend significant resources to comply with the requests in an immigration detainer, including the cost of detaining individuals an additional 48 hours plus weekends and holidays after they would otherwise be released, administrative resources involved in receiving, maintaining, and effectuating these requests, and staff time in responding to ICE’s requests for notification. The majority of the costs associated with immigration detainers are never reimbursed by the federal government.
  • Thus no federal reimbursement is available for immigration-based detention in local jails based on Immigration detainers at the arrest stage, for detainees who are never convicted, or for detainers applied post-conviction to lawfully-present defendants.

For more information, please go to:

http://www.nationalimmigrationproject.org/community/All_in_One_Guide_Appendix_8.pdf

https://www.aclu.org/national-security/know-your-rights-when-encountering-law-enforcement

https://www.aclu.org/immigrants-rights/immigration-enforcement/immigration-detainers