Johana Pool Attorney At Law

KNOW YOUR RIGHTS

Regardless of your immigration or citizenship status, you have the following constitutional rights:

• You have the right to remain silent. If you wish to exercise this right, say so out loud.

• You have the right to see an arrest warrant. If no arrest warrant, you have the right to refuse to consent by saying, "Officer, I do not consent to any searches of my private property."

• You have the right to terminate an encounter with a police officer unless you have been arrested. If you are not under arrest, you are free to leave. If you cannot tell if you are allowed to leave, ask the officer, "Am I free to go?." 

• You have the right to speak to a lawyer. Do not answer questions without a lawyer representing you (even seemingly casual small talk). 

• You have the right to make a phone call

• You have the right to refuse to be fingerprinted by ICE

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Regardless of your immigration or citizenship status, you have the following responsibilities:

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• You have the responsibility to stay calm and do not run or resist arrest.

• Do NOT lie to an immigration officer and do NOT give false documents.

• Do remember all the details of your encounter with the immigration officer

• Do prepare a CONTINGENCY PLAN for you and your family in case you and your spouse are arrested.

A Contingency Plan Is Important - Don't just assume that nothing will happen to you, particularly if you have children. It is essential to prepare a plan if you want your kids to end up with the right person.  Also, create a plan to anticipate what will happen with your belongings and lives in the United States if you are deported.

Important Legal Documents:

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1. Power of Attorney Delegating Parental Powers - A Power of Attorney delegating parental powers enables someone to provide care and custody of the minor child, ward or incapacitated person in their own home. Through this delegation, you give authority to a relative or a friend of the family who is prepared to care for your children. This authority is temporal, and it can be renewed.

2. Motor Vehicle Division Power of Attorney to Transfer a Motor Vehicle Title to Another Person

3. Real and Personal Property and certain Commercial Transactions

4. Form G-28: Notice of Appearance as an Attorney or Authorized Legal Representative.

If an immigration officer comes to your home, ask who is at the door first, and DO NOT open the door. If the person at the door says it is immigration or the police, you don't need to open the door and let them in UNLESS the officer provides you with a COURT WARRANT with your correct name and address, signed by a judge (not an immigration official). Ask the officer to slip the warrant under the door or hold it up to your front window so you can examine it. 

Look carefully at the warrant and make sure it is NOT an ICE warrant. An ICE warrant is different from a judicial warrant. An ICE warrant is a warrant of removal or deportation and does NOT allow officers to enter a home WITHOUT CONSENT.

You have the same rights in an apartment as you do in a house. Immigration or the police cannot force a landlord to open your front door if you refuse because they do not have a valid warrant.

If the officers have a warrant, you still have the constitutional right to remain silent and the right to speak to an attorney. Do not sign any papers without your lawyer there.

If you are at work or driving, you still have constitutional rights. If you are stopped by the police or an immigration officer in a public space, you have the right to remain silent and refuse a search (do not discuss your immigration or citizenship status with any official). 

You do not have to sign any documents without your attorney present. Ask the officer: "Am I being arrested or detained?." If the officer says no, then ask, "Am I free to leave?" If they say yes, calmly walk away. 

An immigration officer is only allowed to arrest you in a public place if they have a warrant with your name on it. 

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IF YOU ARE AT WORK 

If there is a workplace raid, you have the same rights: the right to NOT answer questions, stand silently in the middle of the room, and Not to line up because you have the right to remain silent

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IF YOU ARE DRIVING 

If you are stopped while driving, show the police your driver's license. If they ask, show your car registration and proof of insurance. Other than that, you don't have to say anything else.  

You have the right to remain silent and the right to ask if you are under arrest or free to leave ("Am I free to leave?").  

Both drivers and passengers have the right to remain silent and ask if they are free to leave.

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