U.S. Rep. Espaillat holds ‘Know Your Rights’ series

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Congressmember Adriano Espaillat, the first Dominican-American to serve in the U.S. House of Representatives, has been holding a series of “Know Your Rights” forums to combat fear-mongering and misinformation in immigrant communities.

The information sessions are both in-person and virtual for people afraid to leave their homes, and in both English and Spanish. They cover basic immigrant rights and offer resources for people seeking information about legal assistance for asylum, visas, naturalization, deportation, interactions with law enforcement, and more.

In the handful of weeks since President Donald Trump has been in office, thousands of undocumented immigrants have been arrested by U.S. Immigration and Customs Enforcement (ICE) in cooperation with other law enforcement agencies. In parts of Manhattan and the Bronx, other agencies were seen assisting with ICE raids, such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA).

“Everybody’s very afraid,” said Espaillat, who is originally from the Dominican Republic (DR) and initially came to the U.S on a visitor’s visa as a young child. His family overstayed their visas and had to return to the DR, but were able to apply for green cards, and he became a naturalized citizen as an adult. He later pursued politics because of a passion for fighting for civil and immigrant rights, he said.

Photo contributed by Congressmember Adriano Espaillat’s office

According to Espaillat, the most common question is “What happens if ICE knocks on your door?” A panel of experts and officials try to answer in his forums with as much detail as possible. They also take questions and make sure resources are available to attendees who have more specific cases.

“The problem with all of this is that it’s not just undocumented people that are afraid or get swept up in the [ICE] sweeps,” said Espaillat. “It’s also U.S. citizens like Puerto Ricans and people [who] are legal residents as well. For them to know their rights — they don’t have to speak to ICE, they can ask for an attorney — [is] the most important thing, so that they don’t compromise themselves.”

Espaillat’s forums are joined by a coalition of other concerned elected officials, such as Assemblymembers Manny De Los Santos and Al Taylor; Councilmembers Carmen De La Rosa and Shaun Abreu; Senators Cordell Cleare and Robert Jackson; and Manhattan Borough President Mark Levine. The forums are supported by immigration nonprofits like Cabrini Immigrant Services of NYC, African Communities Together (ACT), the City University of New York (CUNY) Citizenship Now, Immigrant Arc, and the Legal Aid Society.

Espaillat’s office is prioritizing the protection of Development, Relief, and Education for Alien Minors (DREAMers), which grants residency to immigrants who came to the U.S. as children or whose children were born in the U.S.; protection of farm and industry workers; and keeping families together. His office has begun distributing infographic cards with information about immigration rights and plans to hold forums at least twice a week.

KNOW YOUR RIGHTS

The basics

• You have the right to remain SILENT.
• You don’t have to sign anything or open the door to your home without a judicial warrant that’s signed by a judge and has your name on it.
• If you’re stopped outside your home, ask if you are free to leave or under arrest.
• Don’t carry false documents or papers from your home country,or another foreign country. If you must, carry a copy of your green card as opposed to the original document.
• Memorize or carry the contact numbers for an immigration lawyer or organization.
• If arrested, you have the right to contact your consulate.
• Remember that NYC agencies, including NYPD, are not allowed to ask about your immigration status.
• Beware of “notaries” while filing asylum applications.

Where can you legally be detained?

• At the border, an ICE check-in, work, and other community locations
• At a court hearing — if you have a criminal history, even if that case or situation was dismissed or already dealt with in court
• In the event that a loved one or friend is detained, use an online ICE Locator: www.ICE.gov/locator
  • Allow 24 hours for their information to appear on the website.
  • Enter the person’s first name, last name, native country, and Alien Registration Number ( A-Number), which begins with an A and has nine digits.
• It’s important to note that you don’t have to be detained near family, your home, an accessible lawyer, or in New York.

“In New York, generally speaking, they detain people at an Orange County jail in the Hudson Valley. Also in Moshein and Valley Processing, which is located in Western Pennsylvania, although under this new administration there have been rumblings that new detention centers will be opening,” said Nicole Johnson of the Legal Aid Society.

Will you be deported immediately?

• No
• If you are in court proceedings, that will continue while you are detained.
• If you aren’t already in court proceedings and detained, then they have to begin.
• Having a criminal conviction as a permanent resident (once that status is achieved) can be detrimental depending on the nature of the crime, no matter how long ago it was. It can lead to deportation, block a pathway to naturalization, or make you inadmissible to the U.S. if you travel outside of the country and try to return.
  • Convictions dealing with drug offenses, assault, murder, rape, or any aggravated felony can result in removal proceedings.
  • Minor crimes, like petty larceny (shoplifting) or disorderly conduct (being drunk in public) may not warrant consequences as severe, but that is not guaranteed.

Plan ahead for your kids in case you are detained

• Get a passport for your child.
• Make sure your child’s school has up-to-date emergency contact information.
• Get them travel permission.
• Find a trusted person who can have power of attorney, guardianship in court, standby guardianship, or status as a custody petitioner in family court for your child or children.

Applying for asylum (brief version)

• Tell authorities you are scared to return to your country because of a credible fear of persecution based on:
  • Race, religion, nation of origin, membership in a certain social group, political origin.
• You must apply for asylum within one year of arrival to the U.S., with some exceptions.
• Whether you’re detained or not while you’re filing for asylum can affect your court proceedings.
  • Affirmative (not arrested) filing means your case will be reviewed with U.S. Citizenship and Immigration Services (USCIS)
  • Defensive (arrested) filing means your case will be reviewed by an immigration judge
• If granted asylum, you can apply for a green card after one year.

Visa overstays

• Permanent stays in the U.S. include green card holders or Temporary Protected Status (TPS) refugees
• Non-permanent stays in the .S. with limited time include those with a visitor’s, student, or work visa
  • A visa is issued in the form of an I-94 document, which can be looked up online on the Customs and Border Protection (CBP) website at cbp.dhs.gov/search/recent-search.
  • There will be a pop-up. Click acknowledge and then go to the “Get Most Recent I-94” tab near the top of the screen.
• Before you go out of status or overstay your indicated duration, you usually have a grace period of 60 days.
• If you exceed the grace period, work with an immigration attorney to reinstate or extend your visa status.

“The biggest factor to take into consideration here is how long you chose to overstay your visa, because that can have an impact on any other options you choose to go with,” said ACT’s Nils Kinuani. “If you stay in the U.S. without authorization, then you start accruing what we call an unlawful presence. Then you might be ineligible to change status in the U.S.”

• You can also pursue an immigrant visa through a family petition, ideally from a U.S. citizen who is a family member, through an employer, or through a special visa if you’ve been a victim of crime or violence.

Check out the Legal Aid Society for more information about immigration and deportation at legalaidnyc.org/get-help/immigration-deportation/.

Individuals detained by ICE may be eligible for representation through the New York Immigrant Family Unit Project (NYIFUP) if the Immigration Court case is in New York City or if you are a New York City resident and your case is in New Jersey. For more information, email the NYIFUP team at nyifup@legal-aid.org.

For help with legal immigration matters or information, referrals, or resources related to an immigration matter, call the Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline at 800-354-0365, or call 311 and say “Immigration Legal,” between 9:00 a.m. and 6:00 p.m., Monday–Friday. Visit MOIA’s website for a list of nonprofits and organizations that can also help with immigration and deportation issues (www.nyc.gov/site/immigrants/index.page).