Explaining the rights of immigrants

With humor and assurance, Javier Guzman, senior organizer with Make the Road New York (Se Hace Camino NY), led a workshop on immigrant rights at Alverta B. Gray Schultz Middle School in Hempstead on Monday. 

Make the Road New York’s website, which appears in Spanish and English, declares, “Make the Road New York builds the power of immigrant and working class communities to achieve dignity and justice.” 

Monday’s workshop was conducted in Spanish. About 125 adults attended. 

The purpose of the workshop was aprendizaje, that is, training for persons to know their rights if approached by U.S. Immigration and Customs Enforcement agents. These rights apply whether people are approached in their homes, their cars, their places of employment, or in public locations. 
ICE is also called La Migra in Spanish-speaking communities. 

The workshop material was developed and vetted by the Make the Way’s legal team, but, Guzman explained, an immigration lawyer should handle individual immigration cases. 

Guzman reminded his listeners that acting in unity was vital, and that the workshop attendees should impart the knowledge they gained to others in the community. 

“Si nosotros no nos contamos,” he said, “no podemos hacer nada” — that is, “If we don’t rely on ourselves, we can’t do anything.” 

As the workshop proceeded, Guzman combined speaking with informational slides projected onto a smartboard. 

“ICE no puede deportar a todo el mundo,” Guzman said — ICE can’t deport everyone —  because ICE does not have the resources to deport every undocumented person in the United States. 

But certain undocumented persons are prioritized by ICE agents: those who already have a deportation order, and those with an arrest record, especially if the arrest was recent, if the person has undergone multiple arrests, or if the arrest was for serious crimes such as domestic violence, driving under the influence of a substance, and so on. 

ICE agents can detain persons who violate the terms of their visas, or who come to an ICE location such as the ninth floor of 26 Federal Plaza in New York City to attend an appointment.

Guzman reviewed several types of immigration status that protect against immediate deportment, including Deferred Action for Childhood Arrivals, Deferred Action for Labor Enforcement and Temporary Protected Status.

The most critical section of the workshop detailed the actions to be taken if ICE agents or police try to enter or search a home, business, place of worship, or private vehicle, or if they approach someone on the street.

ICE agents are trained to use ruses such as saying, “We are police,” which they are not, or “We are looking for a fugitive.”

“ICE miente (pero Usted no puede mentir,” said one of the slides — that is, “ICE tells lies, but you [the person being approached] cannot lie.”

The primary advice was not to open the door, nor say anything beyond your name, nor surrender any documentation such as a passport.

Every individual has the right to demand the questioner’s identification, and if told there is a search warrant, the person can demand to see it.

Guzman, assisted by Marta Romero, a case manager at the middle school, distributed copies of a search warrant. 

“The number on the warrant has to begin with A,” Guzman explained, “and must be signed by a judge or magistrate.”

No person is obligated to open the door of his or her home, or to allow ICE or police inside. A search warrant must be slipped under the door. If the name on the warrant is an inhabitant of the home, the inhabitant, remaining unseen, can fill out the form on the back of the warrant and slip it back under the door. 

Business owners do not have to allow ICE or police into the nonpublic areas of their establishments, like the kitchen of a restaurant or an interior office, unless the agents can present a legitimate search warrant. The same applies to a private vehicle, which is an extension of private property.

Out on the street, any person stopped by an ICE agent can demand to see the agent’s identification, ask why they are being stopped, and remain silent beyond stating their name. They can also ask whether they are being charged with a crime; if not, they cannot be detained.

Three more important points were if approached, a person should never run; every immigrant should keep their documentation with them; and every immigrant should establish a plan of contact, not only with an immigration lawyer, but also with trusted persons such as family or friends.

Monday’s workshop wrapped up with a short question-and-answer period. A similar workshop delivered in Haitian Creole will take place at ABGS Middle School on Thursday, Feb. 6, at 7 p.m.