KNOW YOUR RIGHTS &
DETENTION SCENARIOS
We will learn...
About your rights in different scenarios
Types of dialogues between an officials
and yourself
2
Agreements
If you have a question, please write it
down and share it during questions at
the end
3
Why are there
RAIDS?
Priority Enforcement
Program (PEP)
Priority 1 Priority 2 Priority 3
- Felons - Misdemeanors - People with a
- Gang - Overstayed deportation
members visas order
- Terrorists - Entries after
- Detained at Jan. 1, 2014
the border
5
Language in the Executive Order
on Deportation Priorities:
The Secretary shall immediately take all
appropriate action to terminate the Priority
Enforcement Program (PEP) described in the
memorandum issued by the Secretary on Nov.
20, 2014 and to reinstitute the immigration
program known as Secure Communities
referenced in that memorandum.
6
"Secure Communities"
All arrestees are fingerprinted and
run through a federal database
which checks their criminal record
and immigration status.
7
New Enforcement Priorities
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not
been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any
official or application before agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal. But who have not complied with
their legal obligation to depart the United States; or
(g) In the judgement if an immigration officer, otherwise pose a risk to public
safety or national security.
8
The definition of people who are
priority for deportation is much
broader. Any person who has a
criminal conviction or has been
charged with it but the dismissed
is at risk of deportation.
9
- Any person who is perceived as a threat to public
safety or national security by an immigration
officer. This is more power to the officer and could
lead to more racial profiling based on what an
undocumented immigrant looks like.
- People most at risk are those who have/had a
contact with the criminal system, people who have
removal /deportation orders, people who are
currently in the immigration system (ex. check-ins).
1
Raid at Home
Home
DO NOT OPEN
THE DOOR!
English video:
[Link]
307454063742/
Spanish video:
[Link]
318944062593/
1
Warrants
The difference
Administrative Judicial
1
Street / Bus Stop
DO NOT RUN!
Am I being detained?
Am I free to go?
1
Street / Bus Stop
1. You have the right to remain silent
2. Remember these questions:
a. Am I being detained?
b. Am I free to go?
3. WALK away from the officer DO NOT RUN!
4. If officer tries to search you without
reasonable suspicion you can say, I do
not consent to being searched
1
Traffic Stop
ONLY say your NAME
YOU CAN REMAIN SILENT
DO NOT GIVE THEM CONSENT
TO SEARCH YOUR CAR
1
Traffic Stop
1. Give your name but nothing else.
2. You have the right to remain silent.
3. You have the right to talk to a lawyer before answering any
questions
a. Only a judge can order you to answer questions
4. Officer cannot search your car without a warrant or probable
cause.
a. DO NOT GIVE THEM CONSENT TO SEARCH YOUR CAR
5. Record and take pictures! Make sure you get the badge
number, names of agents, time and number of agents.
1
Workplace
DO NOT RUN AWAY!
YOU CAN REMAIN
SILENT
Get officers
information!
1
Raid at workplace
1. Do not give any suspicious reasons
a. DO NOT RUN AWAY
2. You have the right to remain silent
3. Get the officers information (Name, badge #, and
agency)
4. Ask if you may leave, continue to work calmly
2
Checkpoint
YOU CAN REMAIN SILENT
WHAT IS THE PURPOSE
OF THIS STOP?
Am I being detained?
Am I free to go?
2
Checkpoint
1. You have the right to remain silent
2. You have the right to video record with your
cellphone
3. Remember these questions:
a. What is the purpose of this stop?
b. Am I being detained?
c. Am I free to go?
d. Am I legally obligated to answer these questions?
4. If your rights are violated, get the officers badge #, name
and agency
2
In Detention
Local Jail
They will try to intimidate you with ICE
They will try to incarcerate you without being
convicted
ICE agents can interview you in jail
2
In Detention
Detention Center
They will pressure you to make you sign you
voluntary departure (deportation).
They will threaten you using family and friends
They will try to violate your rights by not giving you
information about your case
They can deny you access to essential things
(calls, blankets, medicine)
2
In Detention
Know your rights!
Do not sign anything
You have the right to ask for your call
You have the right to see a judge
You have the right to have a translator
You have the right to see a doctor and have
access to medicine when you are sick
2
5th and 4th
Amendment
614-466-2785 | 1-888-278-7101 Ohio Civil Rights Committee
Constitutional Rights
You have rights regardless of your
immigration status:
5th Amendment: Right to remain silent and to
no answer any questions
4th Amendment: No search without consent,
warrant or probable cause
2
Card for the agent
This card has the 5th and 4th amendment rights.
You can hand this to the agent in any scenario
2
We are
fighting back
with Migra
Watch!
What is MigraWatch?
This image cannot currently be displayed.
Organized communities
that:
1. They inform each other
about immigration
activity
2. They teach each other
about their rights
3
How to Record
Take pictures unless you
are on federal property
Need proof to show what
a raid is and the terror and
abuse
It is our right to record
3
Facebook Live
3
Report!