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Experts Are Warning There Will Be A Wave Of ICE Raids This Weekend But Here’s What You And Your Loved Ones Need To Know To Protect Yourselves

Immigrant communities across the country and their allies are preparing for nationwide raids by Immigration and Customs Enforcement planned to begin Sunday that will target undocumented members of immigrant families in at least nine major cities.

The cities where raids will take place are said to be Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New York, and San Francisco. New Orleans had been on the list, but the city announced this weekend that ICE was temporarily postponing the raids due to Tropical Storm Barry. 

The Trump administration is reportedly starting its planned ICE raids on Sunday.

Everyone in the U.S. has certain rights guaranteed under the U.S. Constitution, regardless of your immigration status. You can’t always control whether you will come in contact with immigration or law enforcement. It is important to know and practice these scenarios so that you and your friends, family, and colleagues are prepared for any situation.

Understanding what your fundamental rights are and how to use them will help you advocate for yourself and respond appropriately if you encounter the police or immigration enforcement.

And in some parts of the country there’s reports that the raids have already started.

Credit: @kron4news / Twitter

A group of Bay Area immigration attorneys entered federal ICE offices in San Francisco during the noon hour Thursday to demand information about the threat of immigration raids this weekend.

“We want to know what their plans are, who they are targeting and where individuals will be process so they can have access to attorneys,” said immigration attorney Siobhan Waldron.

Attorneys say these raids are already underway in the Bay Area, beginning in Contra Costa County this past Sunday. 

It’s more important than ever to know your rights so you can protect yourself and help others.

As Sunday approaches, immigrant rights groups have been ramping up efforts to make sure affected communities know their rights and are prepared for possible raids.

Immigrant right’s organizations and politicians have been taking to social media to share important information with vulnerable communities.

Credit: @IlhanMN / Twitter

Rep. Omar (MN) took to Twitter to share a helpful guide put together by the ACLU but also to say “These raids will dehumanize immigrants and tear families apart. This will not make our country any stronger. It will only traumatize children, destroy lives, and make our country less safe.”

If you’re undocumented, it’s absolutely vital that you know your rights.

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If ICE officers come to your home, don’t open the door, according to the ACLU. Agents can’t come into your house unless you let them in or they have a search warrant signed by a judge. Ask officers to pass any warrants under the door, and check that it is a judicial search warrant ― not just an arrest warrant, as that’s not enough ― and that it’s signed by a judge. 

If they come in anyway, don’t physically resist arrest. Say “I do not consent to your entry” and say you have a right to remain silent and want to speak to a lawyer. Do not sign any papers without seeing a lawyer, as these may be papers asking you to consent to your own removal. 

Si está indocumentado, es muy importante que conozca sus derechos.

Credit: @ACLU / Twitter

Si los agentes de ICE van a su casa, no abra la puerta, de acuerdo con la ACLU. Los agentes no pueden entrar a su casa a menos que los deje entrar o tengan una orden de registro firmada por un juez. Pídales a los oficiales que aprueben cualquier orden bajo la puerta y verifique que se trata de una orden de registro judicial, no solo una orden de arresto, ya que no es suficiente, y que está firmado por un juez.

Si entran, no resistan físicamente el arresto. Diga “No doy mi consentimiento para su entrada” y diga que tiene derecho a permanecer callado y desea hablar con un abogado. No firme ningún documento sin consultar a un abogado, ya que pueden ser documentos que le piden su consentimiento para su propia eliminación.

Informed Immigrant also offers downloadable Red Cards that can be used if you’re afraid that you might say the wrong thing to an ICE officer.

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You can download them in a variety of different languages here.

If you’re a concerned neighbor, know how you can help.

Do not interfere physically in an arrest, but you can document it. You have a right to take photos, video or notes on what happened, as well as to ask for officers’ badge numbers.  

You can call local “rapid response” hotlines to report ICE activity and enforcement actions. 

And, perhaps most importantly, know that it’s very rare for ICE to obtain a proper judicial warrant.

According to legal expert Shannon Camacho, she says in an interview with DemocracyNow.org, that “ICE only has permission to enter an individual’s home if they have a judicial warrant that is signed by a judge. And not only that, but that judicial warrant has to have all of the information, including the person’s name, the person’s address, the time of the incident. All of that has to be accurate.”

She adds: “So, I can say, and our attorneys know this very well, that it is very rare that ICE is actually able to obtain a judicial arrest warrant. Most of the time they do not have that, meaning they do not have permission to enter people’s homes.”

READ: ICE Raids Ordered To Begin On Sunday In Major Cities

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Gerald Herbert / Getty Images

In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

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Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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Even Though We’re In The Midst Of A Pandemic, ICE Just Conducted The Largest Immigration Sweep In Months

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Even Though We’re In The Midst Of A Pandemic, ICE Just Conducted The Largest Immigration Sweep In Months

Gregory Bull / Getty Images

Although communities across the country – particularly the Latinx community – continue to be ravaged by Coronavirus, U.S. immigration officials are still enforcing inhumane immigration policies.

In cities across the U.S., Immigration and Customs Enforcement (ICE) officials made thousands of arrests over recent weeks. These arrests are part of the largest immigration sweep since the pandemic began and mean that more people will be put in danger as they’re forced into detention centers which have become a hotbed of Coronavirus infections.

U.S. Immigration and Customs Enforcement officers took thousands of people into custody in 24 cities across the country.

A six-week ICE operation resulted in more than 2,000 arrests of undocumented immigrants, in 24 cities across the U.S. The operation, which ran from July to August, led to arrests in communities across the country, CBS News reports.

Officials charge that the enforcement efforts were focused on those with criminal convictions and charges, but they admit that there were also arrests of some undocumented immigrants with clean records.

As part of the operation, ICE agents made “at-large” arrests, which could take place at residences, worksites and traffic stops, across the country, including in large metropolitan areas like Los Angeles, where the ICE field office apprehended the most immigrants. ICE said the operation targeted undocumented immigrants and others subject to deportation who had been charged or convicted of a crime involving a victim.

Asked by CBS News how the recent arrests of immigrants without convictions or charges conformed with that announcement, Henry Lucero, ICE’s executive associate director, offered a clarification of the so-called “enforcement posture.”

“We never said we were going to stop arresting individuals,” Lucero said in a call with reporters. “We said we were going to prioritize and focus on those that are public safety threats. And that’s exactly what we did during this operation.”

He added, “We never stated we’re … going to stop arresting any type of immigration violator. We continue to arrest immigration violators. We use discretion when appropriate. That will remain in effect until further notice.”

Although ICE says it’s limited its enforcement activities because of the pandemic, this is the largest sweep in months.

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It took awhile for ICE to finally adjust its enforcement posture once the pandemic hit, but ICE did finally announce certain changes. The agency said it’s limited its operations to avoid outbreaks among detainees – and the hard numbers to paint this picture. So far this fiscal year, ICE has made 94,5000 arrests inside communities, compared to 143,000 at this time last year.

In March, ICE announced that it would focus its enforcement efforts on those with certain criminal records and those deemed a public threat.

ICE and its enforcement priorities under President Trump have become a focal point of the nation’s broader debate around immigration, with some Democratic lawmakers calling for the agency to be abolished. Advocates for immigrants have also criticized ICE’s response to the spread of the coronavirus inside its sprawling immigration detention system, which is the largest in the world. 

Meanwhile, many of these migrants will be forced into detention centers that are becoming hubs of Covid-19 infections.

Credit: Gregory Bull / Getty Images

Already the 2020 fiscal year (which ends September 30) is tied with 2006 for the highest number of migrant deaths in ICE custody – the vast majority of whom have died of Covid-19 related complications. Just this week, a 50-year-old man from Honduras became the system’s latest victim and the 19th to die so far.

Meanwhile, more than 5,300 immigrants have tested for the Coronavirus while in custody. That number doesn’t take into account the risks fro communities and employees.

ICE says that they’re making adjustments, pointing out that the agency’s detainee population has plummeted during the pandemic, declining to roughly 21,000 this week. However, raids like the ones over the last few weeks will likely increase that population.

“There is still a pandemic raging,” Reichlin-Melnick told CBS News. “ICE should not be engaging in large-scale enforcement actions that send people to detention centers where the virus is rampant.”

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