For those who want to know what they can do to protect themselves from what promises to be a wave of anti-immigration activity by the federal government, we recommend the following actions for each of the following groups:
1. Naturalized U.S. citizens.
In particular, if you have a foreign accent and are traveling within 100 miles of any US Border, we strongly recommend carrying your passport, passport card, or a photocopy of your naturalization certificate. Because of the unpredictability of the current situation, we recommend keeping a photocopy of these documents in a safe place at your home, so that if necessary, someone will have access to it–if you need to prove your US Citizenship.
2. Permanent residents.
Most people don't know this, but federal law requires that anyone who is NOT a US Citizen is required to carry with them at all times, evidence of their lawful status. You can see that for yourself at 8 USC 1304(e). So, carry your green card with you at all times! You should also keep a photocopy of your green card in a safe place at home so that it can be accessed by someone in case you lose your card and you need it to identify yourself. Don't forget about that 100-mile zone!
3. Lawfully present nonimmigrants (e.g. DACA, U Visa, EADs, Visitors, Students, H1-Bs, etc.).
Carry with you at all times your Employment Authorization Document, I-94 card, passport with entry stamp, or other proof of lawful presence. Carry the original with you and keep a photocopy in a safe place at home, especially if you are within the 100-mile border area.
4. Undocumented immigrants in the US for more than two years.
Keep with you at all times evidence that you have been present for at least two years. Why? Because of the order by previous President Trump, which states for DHS to examine activating a never-used provision in immigration law that allows for the immediate removal from the US of anyone who cannot prove they have been here for two years (absent an asylum claim). We do not know when ICE or CBP might activate the change, but you might want to be prepared. Some of the documents you might want to keep on you: utility bills, receipts, mail, or any other documentation with your name going back two years, even Facebook posts, BUT, be very careful of using pay stubs if you have used false documents or information to get your job, as those are prosecutable offenses. Again, you should also keep this information at home so that it is accessible to someone who can help you. And, make sure you have a family plan in place to call for assistance if you fail to return home as usual.
5. Undocumented immigrants in the US for less than two years.
The bad news is that you need a plan in place on what will happen to your belongings and your family if you do not return home from work, shopping, or school. Make sure your relatives know they can look for your name on the detainee website. We assume that ICE and CBP will not release you on bond and that if you have a fear of returning home, you will need to be VERY vocal about letting everyone know if you are detained.
6. Undocumented Immigrants with 10 years in the United States and children.
You are eligible for Cancellation of Removal and release on bond.
7. Non-US Citizens (Permanent Residents, Visa Holders, and Undocumented Immigrants) who have criminal convictions OR are arrested.
If you have a criminal conviction or are even arrested for a crime, ICE has begun to detain people in this category. If you have relief from removal, you are eligible for bond, but you may not be released depending on where you are. Prepare for this by saving money for the bond now, and have the paperwork organized so that an attorney can quickly help seek a bond.
8. Undocumented Immigrants with prior deportation orders.
If you have a prior deportation order and have returned to the United States, you are subject to prosecution by the federal government for the crime of reentry after deportation. President Trump has ordered hisU.S. Attorneys to increase the number of people charged with this crime. Depending on why you were deported (for example a serious criminal offense), you can spend up to five years in federal prison for reentering the US. Again, plan how you want to deal with this situation now. If you have a deportation order and never left, NOW is the time to speak to a migration attorney and seek advice about your options too but your deportation case.
9. For those Arrested by ICE, especially the undocumented--
Have a plan in place. Decide now who picks up the kids from school/daycare, who will be authorized to do so with the school, and who to contact first, have a power of attorney prepared for information to your research now into immigration attorneys that you may call in a moment’s notice. Keep their phone number handy and ready for family and friends to use. Or better yet, go see an immigration attorney now and see what options you may have available to you. We give these warnings because we want people to be prepared NOT to scare d. Preparation will ensure that your family is protected. Note that the 100-mile border zone includes places like New York, Philadelphia, Miami, Boston, San Francisco, Los Angeles, Chicago, and Seattle!
