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State Office for New Americans Offers Tips on What to Do If Encountered by Immigration Officials

Thu, 07/18/2019 - 13:49

Following reports that the Trump's administration was planning raids across the country to arrest undocumented immigrants, Gov. Andrew M. Cuomo's Office for New Americans offered tips earlier this week on what to do if federal immigration enforcement authorities arrive at people's homes or workplaces or approach them in public.

The tips are available online in a printable flyer in English and Spanish.

"Immigrants across New York have clearly defined rights — despite what the Trump administration and other anti-immigrant forces may want them to believe," said Rossana Rosado, the New York State Secretary of State, who oversees the Office for New Americans and the Liberty Defense Project. "We urge all New Yorkers to know their rights so if they are targeted or intimated by law enforcement, they know the legal system is there to provide necessary protections."  

First and foremost, the office advises anyone confronted by the U.S. Immigration and Customs Enforcement or Customs and Border Protection to stay calm and not to run, argue, resist or obstruct these officers in any way.

If an ICE/C.B.P. officer knocks on your door, do not open it, the Office for New Americans advises. Ask to see identification and if the officer has a warrant. Only warrants signed by a court judge — not ICE — are valid. After reviewing the warrant (state officials say you should ask for it to be slipped under the door) and determining it is valid, only then should officers be let inside. 

If the warrant looks like it was issued only by ICE, the state recommends calling an attorney or the New Americans Hotline at 800-566-7636. Assistance is available in over 200 languages. The hotline operates from 9 a.m. to 8 p.m., Monday through Friday, excluding federal holidays, and is managed by Catholic Charities Community Services.

State officials recommend that you ask if you are free to leave. If the federal officials say you are, do not answer questions and simply walk away. If immigration officers say you are under arrest, ask why, as you have the right to know the reason for your arrest, state officials said. They recommend saying: "I am using my right to remain silent and I want to speak to a lawyer." 

Immigration officials cannot force you to share information about where you were born, where you live, where you work or go to school, or information about your family, immigration status, or criminal record, according to the state office. All people have the right to legal assistance and may ask to speak to a lawyer instead of answering questions. 

Those without an attorney may contact the New Americans Hotline.

Other tips include not consenting to a search of your belongings or your pockets. While federal officials may "pat down" your clothing if they suspect you are carrying a weapon, they may not conduct a search without your consent. State officials say not to physically resist, and, if officers conduct a search anyway, say out loud: "I do not consent to a search." 

The Office of New Americans also strongly advise against giving false information or showing expired or false immigration documents. 

Also worth noting, immigration officers are not allowed to enter your workplace without the permission of the owner or manager. Only when approval is granted, can the officer freely ask you about your immigration status. 

 

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