How to Actually Help Your Undocumented Neighbors
During the recent upsurge by ICE in Minneapolis, a few common themes have arisen in my immigration law practice that both frustrate and educate. I've also learned that I'm equally vulnerable to emotion-based fears and lashing out as anyone, despite possessing the actual knowledge and tools to act. So after profuse apologies to some people around me, I "started a list."
Here's what I, as an immigration attorney, believe could stem ICE arrests and/or strengthen a deportation defense. I welcome additional suggestions.
PS I’ve actually stopped saying "undocumented," because lots of people with legitimate immigration processes are being unjustly arrested by ICE, as well as U.S. citizens. These practical actions can make a true difference in a noncitizen's life:
- Emotional Support. Specifically: Assurance of friendship, love, compassion, and trust. Starting with listening is often helpful. Privacy is paramount. Calm nerves, first with oneself and then others (please, not with substances). Assuage fear (again, first with oneself). Then work to separate facts from fiction (especially social media and most news outlets). "Both-And" is a good rule of thumb. NOTE: “Both-And” does not mean “both sides.” And, yes, this is hard. As a first step, get some oxygen to the forehead (i.e. breathing). I fully endorse prayer and meditation.
- Articulate Oneself. In other words, know some things to say. I like this flyer from the U.S. Council of Catholic Bishops on Catholic Social Teaching on Migration. Click here for detailed and balanced discussion regarding human dignity and movement of peoples.
- Necessary Action. Offer to scan whatever immigration papers they might have, and store those PDFs on the cloud or with several trusted U.S. citizens who are electronically adept.
- Make multiple paper copies of all those documents and store with several trusted U.S. citizens who are electronically adept.
- Print out 10 hard copies of letter at the end of this post, requesting bond. Help them fill out each individually by hand and keep with them. Keep a couple for yourself or another trusted USC.
- If they’re detained/deported, a Power of Attorney will be needed for non-immigration matters (banking, housing, school, government benefits, car loans, mortgages, etc etc). Help them produce one now or get with a lawyer who can. A trust will be needed to designate children guardianships.
- Ask them if they have an immigration lawyer. If yes, get their FULL name and contact info. Make them memorize their lawyer’s full name and contact info.
- If they don’t, please convince them--NOW--that whatever they’ve been told in the internet will not help them without an immigration lawyer. Guarantee they’ll be deported without one, and help them make an appointment with one today. Minnesota has a strong ethical corps of immigration lawyers, many of whom will chat for a few minutes for free (at least) to figure out the next course of action.
- Help gather fees for a full immigration lawyer consultation BEFORE any ICE arrest. I’m talking to tons of people I could’ve helped before they got arrested.
- Tell them that ICE arrest is often too late or too expensive to hire a lawyer. I help noncitizens prevent removal, and don’t do immigration court work. But this weekend a solo practitioner colleague charged $10,000 for a habeas petition in federal court. And that's because a different colleague said it was too low for him! My consult fee is $420. Others may be less. So what’s cheaper???
- Know that many undocumenteds have applications pending filed by fly-by-night “notarios,” who lack licensure and/or experience, but nonetheless filed boiler plate applications and told noncitizens all sorts of lies just to qualify for a work permit (see #9). This is a large portion of those being arrested lately by ICE. Ask them about this and get them to a real lawyer NOW.
- Also know, “work permits” are not legal status like many have been told, nor does being crime-free equal legal status or prevent many removals.
- Bring them bulk food items and deliver subtlely.
- Communicate IN PERSON, or by third parties.
- Please, please do not give legal advice, or guide noncitizens through immigration applications. Immigration processes are full of landmines that take years to understand, and new pitfalls are added regularly.
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