By JUSTINA RAMLAKHAN
New York City, a vibrant and diverse metropolis, is home to approximately 3.1 million immigrants who constitute nearly 40% of the city’s population. This figure excludes hundreds of thousands of undocumented immigrants and asylum-seekers residing in the five boroughs. Recent executive actions under President Donald Trump have intensified fears and uncertainties within this community, particularly regarding deportation policies.
The federal directive to Immigration and Customs Enforcement (ICE) prioritizes the arrest of specific groups, allowing for the deportation of individuals lacking lawful immigration status. This includes lawful permanent residents, refugees, and visa holders with certain criminal convictions. Unfortunately, even minor offenses from years past can subject individuals with legal status to the threat of deportation. Factors such as long-term residency, family connections to U.S. citizens, or a clean record do not guarantee safety from potential action by immigration authorities.
Bill Whalen, MELS director and chief counsel, notes, “The amount of information coming out daily from the White House can be overwhelming for anyone.” For those lacking permanent citizenship, he emphasizes the need to minimize interactions with immigration agents and law enforcement. Seeking legal advice before making decisions—such as changing immigration status, moving abroad, or renewing Green Card—can prove crucial.
DC 37’s Municipal Employees Legal Services (MELS) offers valuable aid, including resources for citizenship applications and assistance in arranging standby guardianships to ensure dependents are cared for in case of detention. While MELS does not provide direct immigration representation, they host informative webinars focused on citizenship pathways and rights awareness. These sessions, conducted in partnership with organizations like 32BJ Legal Services Fund and CUNY Citizenship Now, aim to empower individuals with knowledge.
For further inquiries regarding citizenship or Permanent Residency/Green Card status, interested individuals can reach out to the MELS Screening Unit at 212.815.0111. Additionally, specific resources are available for those with questions about asylum or deportation. Noteworthy organizations include:
- NYC Immigration Legal Services 800.354.0365
- Emerald Isle Immigration Center 718.478.5502
- CUNY Citizenship Now! 646.664.9400 or 212.652.2071 (this service is limited to DC 37 members in the Non-Profit Private Sector Division)
If I know I’m at risk, what can I do?
- Create a plan with loved ones for what to do if you are taken by ICE. MELS attorneys can assist in planning for standby guardianships to care for dependents.
- Store personal documents securely, such as passports, IDs, birth certificates, utility bills from the last two years, and relevant immigration paperwork.
- Limit contact with Immigration authorities. Do not apply for status changes, renew your Green Card, or travel without consulting a lawyer first.
- Be cautious of interactions with the Criminal Justice System, as police may share fingerprints with immigration authorities.
What should I do if ICE agents approach me on the street or in public?
- When approached, ask, “AM I FREE TO GO?” before sharing your name or any other information.
- If they say YES: Politely decline to answer questions and walk away.
- If they say NO: Invoke your right to remain silent by stating, “I want to use my right not to answer questions,” and request to speak with a lawyer.
- If ICE attempts to search your belongings, assert, “I do not consent to a search.”
- Do not lie or present false documents. Avoid fleeing or resisting arrest.
- Refrain from disclosing information regarding your immigration status or birthplace, as anything you say could be used against you. Also, do not hand over foreign documents.
- If you find yourself in Criminal Court, ask to speak with your defender before any potential removal.
What are my rights if I am being arrested by ICE?
- You have the right to remain silent and to speak with a lawyer.
- You do not need to disclose your place of birth, immigration status, or criminal record. Instead, request a lawyer.
- Unless ICE has a warrant from a judge, you are not obligated to present consular documents or passports.
- It is your right not to sign anything without legal counsel.
- Avoid lying, as it could harm your situation in the future.
Additional Information
A Know Your Rights Webinar is scheduled for July 23 at 6 p.m. on Zoom. Sign up HERE.
You can also view the most recent session of the Know Your Rights Webinar, hosted by DC 37 MELS, CUNY Citizenship Now!, and 32BJ Legal Services Fund HERE.
For comprehensive details about your rights during ICE interactions, explore the Immigrant Defense Project.
