As deportation fears rise, perspectives from and information for immigrants

Some immigrants have come forward to describe what they’re experiencing and the daily questions they must face: Can I put off my doctor’s appointment a little longer? Should I keep sending my children to school? Is Sunday service worth the risk? These questions come amidst a nationwide deportation campaign and repeated violations of constitutional rights.

In March, the Trump administration flew Maryland’s Kilmar Armando Abrego Garcia, who had protected legal status from a federal judge, to a prison in El Salvador without due process. Of the 238 alleged Venezuelan gang members who the government deported to the same complex, largely based on their tattoos and clothing, about 90% had committed nothing worse than a traffic violation.

The administration also deported three children to Honduras in April, even though all were citizens and one was receiving cancer treatment, after a routine immigration appointment without providing their mothers a chance to coordinate care.

Besides ramping up deportations, Trump signed an executive order directing the Office of Management and Budget to identify federal funding cuts for jurisdictions that serve as sanctuaries for immigrants in late April. In another order, Trump mandated that defense departments increase the provision of excess military and national security assets to local law enforcement, and the administration is weighing whether to suspend habeas corpus, a doctrine that prevents unlawful detention. House Republicans also voted against a budget amendment that would have prevented the use of federal resources to deport U.S. citizens.

In light of this, Columbia Gorge News compiled a list of resources for the Latino community about how to prepare for and navigate potential interactions with Immigrants and Customs Enforcement (ICE) — La Migra — which has been sighted in the Gorge. The following information comes from the Hood River Latino Network (HRLN) and is not a substitute for legal advice; rather, it’s educational information from HRLN and revolves around assistance available in Oregon. Information about what rights you have, however, broadly applies to Washington residents as well.

To protect their identities, the two immigrant voices featured in this story requested to remain anonymous.

How to prepare

Families can take several steps to minimize the harm caused by, or prevent, possible detention and deportation, which is especially important if you have children and/or animals in your care. Everyone should plan for unexpected events, things like car accidents or a natural disaster, and that requires open, honest communication among family members, along with organization.

The Oregon Law Center, a nonprofit firm that aids low-income communities statewide, put together a guide designed to help families navigate these situations, accessible at oregonlawcenter.org/protect-your-family/. It describes how to apply for Social Security cards and passports, obtain original birth certificates, and talk about these often-frightening topics with your children.

The guide also includes a form for the delegation of parental powers, enabling someone else to take action if you can’t look after your kids. Attached is another form where you can fill in your child’s important information, like medical conditions and their afterschool program. Parents, kids and the assigned guardian should each keep copies of these forms and other important documents in a known, accessible location.

“If somebody gets sent to another country or passes away, it’s so hard to get some of these things done,” said Amber Rose, community engagement coordinator for HRLN. “There are so many obstacles for people, especially right now when everything’s so haywire.”

Aside from getting documents together, HRLN offered several suggestions related to legal services. While it’s difficult to have an immigration attorney “on call,” per se, the nonprofit advised setting up a consultation with a local provider, like Immigration Counseling Services, to walk through detainment strategies and exchange information. Since immigration offenses are civil penalties, you aren’t entitled to a government-appointed attorney, but you still have the right to speak with one.

If your annual household income is less than double the federal poverty level, Oregon residents can also register for the Equity Corps of Oregon (ECO) at equitycorps.org/enroll/ or through The Next Door Inc. ECO rarely has lawyers available, but getting your information in that system allows ECO to react more quickly if you’re facing an imminent threat, according to HRLN.

If you feel it’s appropriate, try to include your children in conversations about the threat of detention and deportation. Explain what you’d like them to do if, one day, they come home from school and you’re not there. Emphasize they should never open the front door without a parent present, have them memorize essential phone numbers and keep Know Your Rights materials nearby, which you can access at iamerica.org/know-your-rights/.

Lastly, have everyone in your family download the Know Your Rights 4 Immigrants app, available on IOS and Android. With the press of a button, you can notify select contacts that you’re about to have an encounter with ICE and may be detained.

Interacting with ICE

“ICE is [one of] the largest law enforcement agencies in the country, and they’re not held accountable for their behavior,” said Rose. That’s why understanding your legal rights and protections is crucial: knowledge is the best deterrent.

Anywhere that you can enter freely, ICE can also enter, and President Donald Trump recently rescinded a policy that restricted ICE from conducting operations in “sensitive locations” like churches, schools and hospitals. Because ICE depends on outnumbering their targets, as HRLN said, raids in very public spaces are uncommon. They prefer to detain people in their homes, cars or on the street, according to HRLN.

ICE can only enter private spaces by obtaining consent or with a judicial warrant, issued by a courthouse and signed by a judge — not an administrative warrant, issued by an agency and signed by an officer. If federal immigration authorities don’t enter your home outright, HRLN said it’s likely they don’t have a judicial warrant. ICE knocking means they’re asking for permission and it’s your right to withhold it, but they often employ other methods.

“They appeal to your sense of decency,” said Rose, describing how ICE uses ruses to gain consent for entry or lure people outside, eliminating privacy protections, by saying they accidentally hit a car or need help looking for someone else. “We assume that other people have the same decent heart we have. Often they do, and also often they don’t.”

If ICE is on your porch, HRLN suggested keeping the door closed; ask the officer to slip their warrant under the frame instead. Take a picture of the warrant, determine if it’s judicial or administrative and if any of your information is incorrect, you reserve the right to refuse entry. Have the following phrases ready as the encounter continues:

• “I do not consent for you to enter my home.”

• “I do not consent to searches.”

• “I am exercising my right to remain silent until I can talk to an attorney.”

While ICE is outside, call the Portland Immigrant Rights Coalition (PIRC) at 888-612-1510. PIRC may be able to get an immigration attorney on the line and/or send legal observers to your home. If you’re across the Columbia, contact the Washington Immigration Solidarity Network (WASIN) at 844-724-3737.

HRLN said that ICE will make requests in a demanding, threatening manner, but to not give them any additional information and practice saying no beforehand. You should also record the entire interaction (video and/or audio) and write down all your observations immediately after the officers leave.

“Just be aware that [ICE] can do whatever they want, legal or not,” said Rose.

Like your home, ICE also can’t enter private workplaces, essentially anywhere behind a door marked “employees only,” without consent or a judicial warrant. HRLN encouraged all workplaces to designate a spokesperson with citizenship status for dealing with ICE. This person would determine if ICE has a valid warrant and deny entry or consent if they do not. All other employees just need to remember the phrase, “I can’t help you, please speak with our spokesperson.”

While privacy protections are absent, you still have rights if ICE approaches you on the street or in any other public space. Federal law requires that all non-citizens over the age of 18 always have their papers, like a work permit or green card, on hand. If an immigration officer requests those documents and you provide them, your first response should be asking the question, “Am I free to go?”

If ICE says no, they likely have legal grounds to arrest you, so exercise your right to stay silent, object to searches and don’t give any additional information or sign any documents, according to HRLN. Never provide false information or documentation to ICE, and carry a valid state ID if possible. In most cases, you’re not required to present immigration papers to state or local police in Oregon or Washington.

If done visibly, you can still record ICE officers in public and others who ICE isn’t targeting might as well. Like undocumented folks, bystanders should think about what forms of intervention they feel comfortable performing before an ICE encounter occurs.

“Where are our lines? Where are our values? What do we want to do, and how do we prepare ourselves for that?” said Rose.

Physically obstructing ICE could lead to your arrest, so it’s important to memorize someone’s number to call who can bail you out of jail beforehand. Otherwise, calling PIRC or WAISN while observing from a distance, collecting key information about the number of ICE officers present; what they’re doing, wearing and driving; and the location of the operation is safer.

Shouting Know Your Rights information to ICE’s target and bringing other people to the scene are useful strategies too, but understand they could also lead to your arrest. Ultimately, account for the risk you’re willing and able to take and stick to it. If you do see ICE detain someone, try to contact the individual’s family members and use locator.ice.gov/odls/#/search to determine where ICE is holding them.

“The best thing we can do is stay connected ... and don’t think that you’re not going to be affected because of one thing or another — that we use our privilege to stand up and protect all of our community members,” said Rose.