On Sunday, the Houston Landing livestreamed a “Know Your Rights” session hosted by Las Perras Cafe and the civil rights organization FIEL Houston on the rights of undocumented immigrants. This was FIEL’s 45th session this year as fears over mass deportations escalate and news of immigration enforcement efforts in areas like Colony Ridge continue take over our feeds.
We compiled the top questions sent by our readers and questions asked in-person at the event. Receiving these questions was Abraham Espinosa, FIEL director of community protection. Espinosa offered insight into FIEL’s experiences advocating for the rights of immigrants and helping prepare individuals and families for the possibility of facing detention and deportation.
Do undocumented people have rights in the U.S.?
Espinosa explained that people living in the U.S. without legal status do have rights under the constitution. Being undocumented, he said, is not a criminal offense. It is a civil offense.
Some of the basic rights we all enjoy such as freedom of expression, the right to assemble, to organize, the right to a fair trial, apply to anyone living in the U.S. despite their status.
Some procedures when stopping or detaining people might vary from state to state, but in Texas, Espinosa clarified that police must have what’s called probable cause to stop you and ask for an identification. A traffic stop counts as probable cause, he said.
“Right now, they are not just grabbing people and deporting them the next day,” Espinosa said. “They still have the right to due process. The people that usually face expedited deportation are people who have an extensive criminal record, have been deported before or have missed court dates.
“We also have a right to demand our government to protect this. In other words, we have a right to report grievances to the government. We have a right to post complaints.”
How do you prepare for a possible deportation?
FIEL recommends forming what they call “circles of protection” around your loved one, Espinoza said. Creating a family plan is the first step. Address tough conversations and questions like, “What would happen if you get detained by immigration, or one of us gets detained?” he said.
In mixed-status families, make sure you have a plan. If both parents get deported, what will happen to the children? Espinosa advises to have a power of attorney that designates someone to take care of your children. You will also need a legal defense plan.
“Have a financial plan,” Espinosa said. “Legal fees are not cheap, guys. Sometimes to fight a deportation, it can start at $10,000. Actually, most of them start at $10,000 and they can go higher from that.”
What does a legal defense plan look like?
About 40 percent of undocumented people who seek aid with FIEL may qualify for some type of legal relief, Espinosa said. So it’s important that undocumented folks and families seek legal advice from a qualified attorney.
Even if you don’t qualify for relief, having an attorney could help you from getting scammed and.
“So as soon as they deny you, guess what? You get a notice to appear before immigration because they are trying to deport you,” Espinosa warned. “So make sure you go to places where they’ll tell you the truth.”
What about DACA recipients who have been in the country most of their lives?
DACA – the Deferred Action for Childhood Arrivals program – is in danger, Espinosa said. The organization is aware of the possibility of the program ending and recipients being left without any status once again.
“Other temporary protective status have ended,” he said, “So I hope I’m wrong, but DACA could be next.”
What documents should you carry if you have some sort of protection like DACA?
Espinosa recommends carrying paper copies of important documents, especially if you’re a green card holder or a DACA recipient. If you are undocumented, carry consulate identification, a passport, or even an expired ID. Anything that has your legal name and photo.
If you are a green card holder, you might be asked to provide additional information at an international port of entry. Finger prints are a common ask, but no signatures are required.
“If you’re a permanent resident and you have not become a US citizen, the time to do it is yesterday. Because as a resident, even if you have a green card, you are still more subject to deportation if you do break the law or if something happens,” he said.
How can you locate a family member that has been detained or notify your family if you get detained?
Part of the plan should include having a piece of paper with important phone numbers on it, Espinosa said. If arrested by police, individuals should be allowed to keep this paper on their person to make their phone call.
If detained by immigration officials, they might not be immediately able to make a call, but that’s when they should know to immediately identify their assigned “A Number” in order to pass along that information to their family once they are granted a call.
“As soon as they talk to someone, they have to give them that number because once we have that number, then it’s easier for us to know where they are,” he said.
Republish our articles for free, online or in print.
