IMMIGRATION FOR UNDOCUMENTED IMMIGRANTS

KNOW YOUR RIGHTS

Source: https://www.aclu.org/know-your-rights/immigrants-rights/, https://www.ilrc.org/sites/default/files/resources/stop_identify_statutes_in_us-lg-20180201v3.pdf.

“WHAT IF ICE COMES ONTO CAMPUS?”

  • Safety and Security has protocol for these circumstances. If ICE has a judicial search warrant — one that is signed by a judge — S&S must comply.

  • ICE cannot step onto private campus property, such as dormitories.

“WHAT IF ICE AGENTS ARE AT MY DOOR?”

  • Do not open your door.

    • ICE cannot enter your home unless they have a signed search warrant, or if you let them in.

    • If officers are at your door, ask them to pass the warrant underneath before opening it.

    • An arrest warrant (or an administrative warrant of removal) is not enough to enter your home. They must have a valid judicial search warrant.

  • Examine the judicial search warrant.

    • Look at the top, and at the signature line, to see if it was issued by a court and signed by a judge.

    • A warrant issued by DHS/ICE, and/or signed by DHS/ICE, does not allow them to enter your home.

    • If the agents do not have a warrant, or if the warrant is not signed by a judge, you have the right to say, “I do not consent to your entry.”

    • Do not physically resist if the agents enter by force.

  • Ask to speak to a lawyer.

    • Anything you say can be used against you in an immigration case.

    • You have the right to say, “I want to speak with a lawyer. I am exercising my right to remain silent.”

  • Do not…

    • Provide information about yourself or your loved ones.

    • Lie, or provide false documentation.

    • Sign anything unless you have obtained and communicated with a lawyer.

IF STOPPED IN A CAR…

IF YOU’RE THE DRIVER,

  • You must provide license and registration.

  • You have the right to remain silent, and to refuse the search of your car.

IF YOU’RE A PASSENGER,

  • Stay inside the car. Do not make any sudden movement.

  • Provide your correct name and address if asked.

  • You do not have to provide other forms of identification.

  • You have the right to remain silent.

  • Ask if you are free to go. You have the right to leave if you are not under arrest.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

Allows eligible individuals who were brought to the U.S. as children to receive a renewable two-year period of deferred action from deportation and to receive work permits in the country.

Renewing DACA costs $495; Dartmouth offers funds to cover these fees. Contact CoFIRED, and/or the Office of Visa and Immigration Services (OVIS), for support.

SOURCE: https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca.

ELIGIBILITY REQUIREMENTS

  • Be under the age of 31 as of June 15, 2012;

  • Came to the U.S. before reaching one’s 16th birthday;

  • Have continuously resided in the U.S. since June 15, 2007, up to the present time;

  • Was physically present in the U.S. on June 15, 2012, and at the time of making one’s request for consideration of deferred action with USCIS;

  • Had no lawful status on June 15, 2012;

  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.; and

  • Has not been convicted of a felony, significant misdemeanor, or three or more misdemeanors.

CURRENT DACA STATUS (AS OF FEB. 14, 2020)

  • The U.S. Citizenship and Immigration Services (USCIS) is accepting DACA renewal applications from anyone who currently has, or had, DACA.

  • Anyone who has not previously had DACA is ineligible to apply.

  • Between Oct. 1, 2019 and June 30, 2020, the DACA protections of approximately 232,000 people will expire.

  • On Nov. 12, 2019, the Supreme Court of the United States (SCOTUS) heard oral arguments on three consolidated DACA cases. A final decision is expected between now and June 2020, which could potentially end DACA renewals.

  • Due to the uncertainty of the SCOTUS decision and its effect on current DACA recipients, DACA recipients should…

TEMPORARY PROTECTED STATUS (TPS)

Grants temporary status to eligible nationals of the following 10 countries, who are present in the United States: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Yemen.

SOURCE: https://www.uscis.gov/humanitarian/temporary-protected-status.

ELIGIBILITY REQUIREMENTS

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;

  • File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation (see extensions below);

  • Have been Continuously Physically Present (CPP)* in the U.S. since the effective date of the most recent designation date of your country; and

  • Or, have been Continuously Residing (CR)* in the U.S. since the date specified for your country.

  • *Exceptions allowed for CPP and CR requirements for “brief,” “casual,” and “innocent” departures from the U.S.

CURRENT TPS STATUS (AS OF FEB. 14, 2020)

  • Syria’s TPS designation has been extended through March 31, 2021.

  • Yemen’s TPS designation has been extended through Sept. 3, 2021.

  • Somalia’s TPS designation has been extended through Sept. 17, 2021.

  • El Salvador’s TPS designation has been challenged by Ramos, et al. v. Nielsen, et al. (Oct. 3, 2018). It remains in effect, pending further resolution of the case.

  • Haiti’s TPS designation has been challenged by Ramos v. Nielsen (Oct. 3, 2018) and Saget v. Trump (April 11, 2019). It remains in effect, pending further court order.