Encounters with Law Enforcement: Know Your Rights! Patricia Y. - - PowerPoint PPT Presentation

University of Toledo Catharine S. Eberly Center for Women

Encounters with Law Enforcement: Know Your Rights!

Patricia Y. Hernandez Attorney at Law September 27, 2019

Agenda

• Introduction
• Encounters with Law

Enforcement: » Police » Immigration Officers

• You can help!

Advocates for Basic Legal Equality, Inc. ABLE is a non-profit law firm that provides free high quality legal assistance in civil matters to help eligible low-income individuals and groups in our community achieve self-reliance, and equal justice and economic opportunity.

Advocates for Basic Legal Equality, Inc.

• Health Care & Public Benefits
• Meaningful Access to Education
• Access to Justice
• Housing & Economic Development
• Safety & Security for Women & Children
• Agricultural Worker and Immigrant Rights (aka

“AIR” PG)

Agricultural Worker & Immigrant Rights PG Keeping Families Together Keeping Immigrants Safe

Encounters with Law Enforcement Agencies

• Local Police Department
• County Sherriff’s Department
• Ohio State Highway Patrol
• Immigration Customs & Enforcement (ICE)
• Border Patrol (BP)

Police Encounters: Know Your Rights!

You have the right to remain silent

In Ohio, you must provide your name, address & DOB

Police Encounters: Know Your Rights!

You have the right to refuse to consent to the search of yourself, your vehicle

• r your home

If the officers have a warrant, they do not need your consent

Police Encounters: Know Your Rights!

If you are not under arrest, you have the right to calmly leave

Ask!

Police Encounters: Know Your Rights!

If you are under arrest, you have the right to an attorney

Ask for one immediately

Police Encounters: Know Your Responsibilities!

If the police stop you on the street:

• Stay calm and be polite
• Do not run or argue; keep your hands where the police can see

them

• Do not interfere with what the police are doing
• Do not lie or make any false statements
• Ask if you are free to leave
• If officer says yes, leave calmly
• If officer says no, ask if you are under arrest and, if so, why

Police Encounters: Know Your Responsibilities!

If the police stop you on the street:

• Do not provide fake documents or documents that were issued to

someone else

• Remember your right to remain silent
• Remember your right to refuse to give your consent to be searched
• Remember as many details as possible—write them down!

Police Encounters: Know Your Responsibilities!

If the police stop you in your car:

• Stop the car in a safe place as soon as possible
• DO NOT GET OUT OF THE CAR until they tell you to
• Keep your hands where they can be seen
• Provide your driver’s license, registration & proof of insurance

when asked

• Remember your right to withhold consent
• If police believe the car has evidence of a crime, they may search without your

consent

Police Encounters: Know Your Responsibilities!

If the police stop you in your car:

• The police have the right to request identification from everyone in

the car

• All car occupants have the right to remain silent but must still

provide their name, address and date of birth

• Signing a ticket is not an admission of guilt

Police Encounters: Know Your Responsibilities!

If the police Q your immigration status:

• You do not have to answer Qs about your citizenship or

immigration status

• Do not lie about your citizenship or immigration status
• If a police officer asks about your citizenship or immigration status,

note the officer’s name, badge number and any other details

• If you are not a U.S. citizen and an immigration official requests

your immigration documents, you must provide them

U.S. Department of Homeland Security

• U.S. Citizenship & Immigration Services
• U.S. Customs & Border Protection
• U.S. Border Patrol
• U.S. Immigration & Customs Enforcement

Immigration Encounters: Know Your Rights!

• Encounters at your home
• Encounters at work

Immigration Enforcement Encounters

Immigration officers may enter your home under two circumstances:

• With a “judicial” warrant (signed by a judge)
• Immigration or administrative warrant is not the same thing and

≠ authority to enter the premises

• Ask to see the warrant: check for signature and court
• With your consent
• Do not open the door

Immigration Enforcement Encounters

If ICE agents show up at your door:

• Stay calm and do not open the door
• Ask what they are there for (request an interpreter if

necessary)

• If they ask to enter, ask if they have a warrant signed

by a judge; ask to see the warrant under door or through window

• If they do not have a valid judicial warrant, you may

refuse them entry and ask them to leave any information on your door

Immigration Enforcement Encounters

If ICE agents show up at your door:

• If they force their way in, do not resist; tell everyone in

the home to remain silent

• If you are arrested, remain silent and do not sign

anything until you speak with an attorney

• Remember: An ICE administrative warrant does not

provide them permission to enter your home without your consent

Immigration Enforcement Encounters

If ICE agents show up at your place of employment:

• Stay calm and do not run
• Do not make any false statements about citizenship or

your immigration status

• Do not provide fake documents or documents that

were issued to someone else

Immigration Enforcement Encounters

If ICE agents show up at your place of employment:

• Ask if you are free to leave
• Remember your right to remain silent and do not provide any

information about where you are from, where you were born, etc.

• Encourage your employer to adopt policy of requiring judicial

warrant prior to allowing ICE agents to access the workplace

You can help!

• Maintain a safe distance and

take photos or video of whatever is happening

• Do not interfere
• Be welcoming
• Continue these conversations
• Contact your representatives

and demand a clean DACA bill and humane, comprehensive immigration reform

• Support organizations on the

front lines of this work

Contact

Patricia Y. Hernández Senior Attorney Advocates for Basic Legal Equality, Inc. (ABLE) 419-930-2529 phernandez@ablelaw.org

Thank you!