On January 20, President Donald Trump was sworn in as the 47th president of the United States. In the weeks following, the U.S. Immigration and Customs Enforcement (ICE) arrested and deported thousands of people. Though the numbers that ICE is currently reporting are not staggeringly different from those reported under the Biden administration, President Trump has expressed displeasure with the pace of the operations, and on Jan. 25 set an arrest quota for senior ICE officials. According to the Washington Office on Latin America (WOLA) this quota was set at 75 arrests per day for each of the 25 agents, totalling 1,875 arrests per day.
Additionally, the Trump administration recently removed Temporary Protected Status (TPS) from about 350,000 Venezuelan immigrants fleeing violence and political unrest. This revocation will leave those people vulnerable to deportation in less than 60 days, even though for many a return to Venezuela could be deadly. Trump also signed an executive order removing birthright citizenship, though this order has been blocked by several federal injunctions and cannot take effect until these legal challenges are resolved. All of these actions increase the likelihood of deportation for immigrants who have not yet acquired citizenship.
“The federal government has been stuck trying to work out what a path to citizenship would look like…and that unfortunately has left [many] people vulnerable to deportation,” explained Fred Tsao, Senior Policy Counsel at the Illinois Coalition for Immigrant and Refugee Rights (ICIRR).
For many, especially those fleeing dangerous situations, gaining legal citizenship can take years. For naturalization, it’s required that a person maintain residency in the United States for at least five years if not married to a United States citizen. Additionally, an interview, English and civics tests are necessary in order for someone to be naturalized. While this is one of a few ways to acquire citizenship, it’s clear that the process can be long, difficult and confusing.
“Most if not all of the people who are in the country who may lack status are just trying to live their lives. They’re raising their families, they’re working, they’re supporting the community and they should have the opportunity to gain lawful status and become a citizen,” said Tsao.
In the current political climate, it’s imperative that community members understand how to exercise their rights and take advantage of the many supports available to them.
Knowing Your Rights
In the event of an interaction with ICE, Commander Anthony Correa with the Internal Affairs Division of the Evanston Police Department (EPD) explained the steps which someone should take in order to deescalate the situation and communicate effectively.
“If you’re talking face to face [with ICE] already, I would ask them if you’re under arrest or being detained. You want to confirm what agency they’re with and request proof of that. If they are telling you that you’re being arrested or detained, ask why, and then exercise your rights,” he said.
The rights that Correa referred to are guaranteed to all people living in the United States by the Constitution. Regardless of documentation status, the Fifth Amendment states that nobody can be “deprived of life, liberty, or property, without due process of law.” This includes the right to remain silent during any interaction with law enforcement; even if someone is under arrest, they aren’t required to answer any questions or incriminate themself.
“If you are someone with a questioned status…all you have to do is give your name and date of birth. You don’t have to provide physical documentation such as a state ID,” explained Correa.
The Constitution also provides the right to an attorney in the event of an arrest. If someone chooses to utilize these rights, they should inform law enforcement by saying “I am exercising my right to remain silent and will not be answering any questions until I can contact an attorney.” Regardless of what agency blah, they are Constitutionally obliged to respect this statement. Then, there are a variety of numbers someone could call to attain legal representation. The number for the Illinois Public Defender Association, a free legal service, is (844)-817-4448. Additionally, Tsao’s organization, the ICIRR, has a Family Support Hotline which can be reached at (855)-435-7693 and provides connection with an immigration attorney amongst other services.
The Fifth Amendment isn’t the only helpful right to keep in mind. The Constitution’s Fourth Amendment acts as a safeguard against unauthorized searches or trespassing.
“If [ICE] comes to your home and they don’t have documentation such as a warrant, whether it’s a search warrant or arrest warrant, I would recommend that you stay in your home,” said Correa.
It’s important to understand that, though ICE uses both administrative and judicial warrants to authorize searches and arrests in public, a judicial warrant is necessary for ICE to enter any private space, including homes and businesses. The key difference between these two types of warrants is that a judicial warrant is issued by a court and signed by a judge, so it’s imperative to look for these hallmarks before allowing ICE to enter private property.
“Sometimes when the families say ‘I won’t let you in my home if you don’t show me a warrant.’ So ICE passes one under the door without the judge’s signature and catches them. Make sure that it’s signed by a judge, a federal judge,” said Mercedes Fernandez, ETHS’ Latino Liaison and Minority Language Coordinator.
In addition to making sure ICE is carrying the correct type of warrant, people also have the right to delay signing any paperwork until they can fully understand what the document is saying. Whether through an attorney or translator, it’s imperative that someone understands exactly what they’re signing off on before they do it.
“Sometimes [ICE] says ‘You need to sign this.’ And people are so scared… they will sign because they are scared, but they are signing the [voluntary departure] document and they don’t know it,” said Fernandez.
All of the previously mentioned rights are available on the federal level, but there are also some rights guaranteed by the governments of Illinois and Evanston. The Evanston Police Department (EPD) has no affiliation with ICE and is legally protected from being forced to share any information regarding a person’s citizenship status. In fact, EPD doesn’t ask for or record this information even when filing arrest reports.
“We are completely independent from the federal government in terms of what they enforce. We don’t collaborate with them, we don’t provide to them any information that we have based on arrests or reports so there isn’t a component that would tie us to them,” said Correa.
EPD is a resource in the event that law enforcement agents of any branch attempt to enter someone’s home or acquire information. If someone is unsure which agency the officials work for, EPD can check if they’ve been dispatched locally.
“You could call 911 and ask to verify a dispatch if Evanston police are in fact at your home. We can also send a supervisor out to verify what’s going on,” explained Correa.
When in doubt, it’s never a bad idea to contact a legal professional or a member of the EPD and ask for assistance when in direct contact with ICE agents.
Getting Prepared
Before an arrest or detainment occurs, there are measures that can be taken to protect oneself and one’s family. One of the most important things that a person can do if they are at risk of deportation is come up with a plan for their dependents. An efficient way to do this, according to Fernandez, is to give power of attorney to a relative who is not at risk of deportation and make that information known to all relevant organizations.
“Fill out a form stating who will take care of the kids. Have a letter for the school saying, ‘I’m giving power of attorney to [another family member], to take care of my children’ and give that letter to the doctor as well. If people don’t do that, their children could be taken to DCFS and in two years they will be ready for adoption,” she said.
In order to limit the risk of detainment or arrest for those with a questioned status, Fernandez also recommends staying at home when possible.
“You have to avoid going to parties or going out at night to get some drinks,” she said.
When leaving the house is necessary for a person who is undocumented, both Fernandez and Correa recommend leaving foreign passports at home and compiling a series of documents recording proof of residency and community involvement. In addition, if possible, carry a driver’s license, driver’s registration and valid insurance while driving in the event of a stop by law enforcement.
“Keep the birth certificates of all their children to prove that they have children. [Keep proof] that they pay taxes or pictures by the lake or places in the community. Anything that proves that they have lived here and that they do not have a criminal background. It’s very helpful to compile all these documents…if possible, get copies and put them in a small bag and keep it all the time,” said Fernandez.
For those who are not at risk of deportation but may still be targeted by ICE, Correa explains the importance of carrying proper documentation at all times.
“Stay vigilant. If you do have documentation that proves who you are and that you are here on legitimate status, carry that with you just so you can expedite any contact you would have with an agent,” he said.
Those who have further questions about their rights or their safety can turn to Fernandez’s office and gather information there.
“When a parent calls me, I have a list of resources I can copy and paste and send to them via email. They don’t need to come over here, but they can get information and ask questions for people that don’t have their legal documents.” said Fernandez.
Allyship
Members of the community who are not at risk for arrest or deportation can assist by staying actively engaging with local governments and local activist efforts.
“We need allies, we need white people, Black people and Latino people that are already citizens. They can protest. They can go to the city, they can sign petitions, they can create groups of support because they have the right to do so. They can represent their families and be advocates for us,” said Fernandez.
Fernandez also emphasized the importance of unity amongst local organizations in order to strengthen the community.
“We need to be united. The school, the community, the local businesses. We can find out the ways we can handle this situation, but overall [it’s important] to be informed at all times, because ignorance makes us feel fear and we should avoid it,” said Fernandez.
Part of overcoming ignorance is understanding the rights of all members of the community, and knowing that there are resources available for help regardless of how difficult one’s situation may seem. Tsao explained that remaining welcoming on the local level is one important way to make a difference for those struggling right now.
“I hope that Evanston will provide an example for many other communities here in Illinois and really across the country who want to take an affirmative pro-immigrant stance and to give the respect to our immigrant neighbors that they deserve.
