What to do if you are detained for deportation in Alabama
Two Alabama immigration attorneys offered suggestions for anyone detained by law enforcement under President Trump’s deportation enforcement efforts.
Get prepared ahead of time:
Scan and email all personal identification documents you have to yourself and another person you trust. Those documents could include your passport, birth certificate, voter identification or consular identification, said Attorney Freddy Rubio.
“In case you’re detained, and you need to prove your identity, your date of birth, all that stuff is documented, not at home in a shoebox under the bed, but in an accessible way electronically,” said Rubio.
You will not be given an attorney if you are picked up for deportation. But you may choose to hire one, and they will need to get access to those documents.
Pathways to avoid deportation after detention:
If someone has been in the country two years, they can request to be seen by an immigration judge, according to immigration Attorney Nathan Harris.
It is useful to have digitized documents to show proof of how long a person has been in the U.S., such as doctor’s records, tax returns and pictures.
“They hopefully have some evidence of that,” Harris said.
If an immigrants has lived in the U.S. for over 10 years, has a pathway to citizenship and no criminal record, they may have a defense against deportation.
Memorize numbers:
Memorize your attorney’s number in case you are detained, said Rubio.
If you are detained, memorize you’re A number, your tracking number in the immigration system, so that you can tell it to your family to follow your location of detention through the Department of Homeland Security website.
You can remain silent:
The Fifth Amendment applies to everyone, not just U.S. Citizens.
“If an immigration agent asks you whether you are documented or not, you have no obligation to disclose that information. You’ve got to identify yourself,” said Rubio. “Beyond that, you have the right to remain silent.”
If law enforcement come to your home without a warrant signed by a judge, you have the right to remain inside, said Harris.
“If they don’t have a warrant, you know, you tell them you don’t want to come out. You have the right to remain silent, you have the right to not go out of your home.”
The warrants are typically only in English, said Harris.
“I’m advising that, ‘Hey, if that person is in the home,’” and law enforcement has a warrant, “send that (one) person out and that will cut down on the potential for collateral deportations.”