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 or 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 o 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 o 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) o Immigration or administrative warrant is not the same thing and ≠ authority to enter the premises o Ask to see the warrant: check for signature and court • With your consent o 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!
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