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Experts give tips as crackdown looms for immigrants

Attorneys say it's vital to have documents ready

By: Hannan Adely
NorthJersey.com
USA Today Network - New Jersey

..... President-elect Donald Trump has vowed to deport millions of undocumented immigrants and to slash legal protections for other groups of migrants starting on his first day in office.
..... Immigration attorneys are seeing a spike in calls form clients anxious about their ability to remain in the United States and the possibility they will be separated from their families.
..... While the full scope of Trump's plans is uncertain, attorneys say there are steps that immigrants - whether they are here legally or illegally -can take to empower and protect themselves. On issues such as knowing one's rights, acquiring important documents and showing up for court hearings, they are advising people to act now.
..... "The rhetoric from the campaign suggests Trump will try to go after all undocmented immigrants," said Lori Nessel, a professor of law and director of the Immigrants' Rights/International Human Rights Clinic at Seton Hall University.
..... "Our senses is that anyone with a criminal record is probably going to be a top priority. I think what's hard, and I think it's intentional, is language that creates a climate of fear, so everyone is fearful, even natural citizens are fearful, because of such broad language about going after everyone."
..... Trump's plans could face significant legal, logistical and financial challenges, but advocates and attorneys are still advising clients to prepare for worst-case scenarios.

Get your documents in order

..... Attorneys say ti's critical for immigrates to have documents proving their identity, work authorizations and court dealings.
..... People should carry their green card or any lawfully issued identification, such as a driver's license or state ID card. They should not carry IDs issued to them form other countries, Nessel said.
..... If they have a work permit, also known as an employment Authorization Document, they should carry that, too. Immigrants who are eligible, such as refugees and asylees, should apply for the work permit if they don't already have one - or renew theirs if it's close to expiring: Recipients of Deferred Action for Childhood Arrivals, or DACA, which protects undocumented immigrants who came to the U.S. as children, can also get work permits.
..... If a person has an immigration lawyer, he or she should also keep proof of that in their possession in case of encounter with law enforcement.
..... Marisol Conde-Herandez, a Newark-based [NJ] immigration attorney has also advised clients to gather relevant records like birth certificates, marriage certificates, divorce decrees and orders of annulment. If they have been arrested or had any encounters with law enforcement, they should have documents form respective courts that ti was adjudicated and the reasons, she said.
..... Coned-Hernandez also advised people to show up to their hearings in immigration court, stressing that they can be deported whether or not they are their in person.
..... "Not showing up in court can fast-track their own deportation," she said. "Immigration judges can and do order people removed in absentia. With a finial order of removal, ICE (U.S. Immigration and Customs Enforcement) is entitled to go after them."
..... Even if a person is planning to return to their native country - if they overstayed their visa, are choosing to "self-deport" or simply decide too go home - they should still show up for court proceedings. If they don't the court may enter a removal order and disqualify them from returning for the next three to 10 years, Conde-Hernandez added.

What to do if anchorites knock

..... Advocacy groups and legal clinics have been hosting "Know your Rights" events in immigrant communities, reminding people that the Constitution protects residents regardless of immigration status.
..... Among the tips they share: You have the right to remain silent. you don't have to open your door or consent to searches of your car, phone or person if the agent does not have a search warrant from a judge. You have the right to a lawyer. If there is a workplace raid and you are asked about your immigration status, you don't have to answer.
..... The American Civil Liberties Union of New Jersey advises people, if they have been detained or arrested in violation of their rights, to write down everything, including identifying information about the officers and their vehicles. If injured, they should seek medical attention and take photos.
..... If case of detention and deportation, parents should have a plan in pace for the care of their children. They can draft legal documents that gives temporary custody and guardianship of their children.
..... "Tragically in the past, parents would be picked up at worksite raids and children would be left alone," Nessel said. "the kids may be U.S. citizens. Parents have to figure out, if something happens to them, if they are picked up, who is going to pick up their children."
..... Immigrants seeking information, support and legal advice or referrals can also contact advocacy organizations in the state, such as Make the Road New Jersey, which has locations in liberalize, Passaic and Perth Amboy and the American Friends Service committee Immigrant Rights Program, based in Newark. [NJ]

Be realistic about options

..... Trump has been clear that he is planning to launch sweeping operations to try to deport million of immigrants.
..... He has vowed to use the military or Nation la Guard to carry out his plans.
..... His "border czar," Tom Homan, said he will prioritize immigrants with previous removal orders and those charged with felonies. But Trump is also planning to sign an order granting federal immigration officers more latitude to arrest people with no criminal records, Reuters reported.
..... The President-elect also wants to end automatic citizenship for children born to immigrants in the country and revoke legal status protections for people, form specific countries, such as Haiti and Venezuela, who receive "humanitarian parole."
..... Such policies could have a far-reaching impact in New Jersey, where about 475,000 immigrant reside without legal permission and where about a quarter of the population is foreign-born.
..... Conde-Hernandez knows firsthand the pressures of being undocumented in the United States. She was brought across the border from Mexico as a baby and is a recipient of DACA, which grants deportation protections and work permits to people who were brought to the U.S. as children.
..... In his first term, Trump tired to end DACA. Today, [12/10/2024] the program remains tied up in legal battles, and new applications have been largely blocked since 2017.
..... The Trump administration, backed by a friendly Supreme Court, may continue its push to abolish DACA, which covers an estimated 500,000 recipients.
..... Conde-Hernandez advises clients to "be realistic about the options they may or may not have."
..... "No one can pray or will their way to legal status," she said. "If there is no mechanism to have legal status in the U.S., there is nothing you can do about it. It's better to confront that reality and be prepared. Sometimes people come in and I will tell them there is no pathway. It doesn't matter that you have been here for years or that you have U.S. citizen children."
..... Many immigrants who have come through the southern border seeking asylum will not meet the strict qualification for asylum, she said. The legal community must be upfront with clients about that fact, she said.
..... Immigrants who don't have deportation protections and do not qualify for a green card should consider saving their money and leaving, she said. whether you leave on your own or not, Conde-Hernandez said, "you will get caught up in the deportation pipeline."

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