ICE Immigration Raids: What is Going on and How Do You Respond if ICE Targets You

En este video, el abogado de inmigración, Andrés Mejer, habla sobre DACA. DACA no le otorga a una persona un estatus legal. Lo que hace es decir que todas las acciones sobre el estado legal de esa persona serán diferidas.

Transcript (Transcripción):

Andres Mejer ICE is coming. Are you ready? 

Andres Mejer Tune in to this program. We’re going to talk about the nine things you need to know to protect yourself and for anybody that comments below and shares this video. I will give them a free hand that will give you this card. We call it the red card. You’ll be able to download it and have it with you to protect yourself. So Trump has been announcing for the past week. You did it by tweet. Like he always does that ICE coming to deport millions of immigrants starting Monday. That’s what he says now. You can’t deport millions of immigrants right away. That’s not realistic. But that doesn’t mean there isn’t going to be a crackdown. There likely will and it likely will be in states like New York New Jersey and California that there isn’t an arrangement between ICE and the state. So ICE is coming is they coming to your door. I have no way of knowing. But this is what you need to know to protect yourself. There are nine key rights that you have the same as I have immigrant illegal legal or U.S. citizen have the same constitutional rights. Now you need to know them but you don’t need to memorize them because I will give it to you if you comment below and you share this video. I will send you this on Monday when my team gets back. It’s after hours here. The reason that we’re on this normally we’re not we don’t do these programs on on Friday night but for the past week client after client potential and others have been calling saying I’m afraid I don’t know what am I protected what do I need to do. So we’re making this video right here right now. 

Andres Mejer No preparation because I want you to know how to protect yourself. Number one the first crucial right you have to know you have the right to remain silent. What does that mean. Don’t answer questions so you can’t say your name. If a police officer pulls you over they’re going to ask you for driver’s license insurance and registration. You shouldn’t answer anything past that if it’s Friday night 3:00 a.m. at the Jersey Shore. I guarantee you they’re going to ask you where you’re drinking. If you say yes you’re going to get arrested for DUI. If you say no but you have an open container of alcohol right next to you. You just lied. Congratulations. You’re going to get arrested. You’re better off just saying I won’t answer any questions without my attorney. I need to speak to my attorney first. Or you could show them this card. It works. Now if you have an order of arrest you’re going to get arrested. This stops an investigation. This stops you volunteering information that could result in your arrest. If it’s by ICE volunteering information. Where are you from. Oh Mexico. How long have you been here. 15 years. How did you get here. I walked through the border. You just told an ICE officer you’re here illegally. He is now going to detain you. Guaranteed hundred percent of the time in this administration. Years passed I was not the case. This is a new world. This is Trump world now. They will detain you and try to deport you if they know you’re here without permission. So don’t tell them you have the right to remain silent. 

Andres Mejer Use it. 

Andres Mejer Second critical thing that you need to know always carry with you. U.S. ID. I don’t care if it’s expired. I don’t care if it’s from North Carolina or North Dakota California Utah Maryland. Doesn’t matter. Thirty years ago five years ago it does. I don’t care. It’s a U.S. issue document. Even if it’s expired. If you carry around your passport and your passport does not show legal entry or legal status. And that’s an ICE officer you now gave the officer proof that you’re here illegally. If he didn’t carry that passport they might suspect. Listen I have U.S. citizens that don’t speak English. Why they were born here but they were raised somewhere else. That happens. That doesn’t mean just because they don’t speak the language they’re automatically an illegal alien or an undocumented alien. That is not absolutely not true. And more importantly ICE or the police can’t assume it to be true. So  always take with you U.S. based documentation if you don’t have any. Then don’t take anything. You’re better off than showing them a passport that proves you’re here without permission. Now if you’re a tourist and you’re here on you’re about tourist visa because you arrived two months ago that’s fine. Take your passport. That’s not an issue. I’m talking about if you entered as a tourist 10 years ago and your your permission to stay expired nine and a half years ago there was no point in you taking the passport with you. I would not have advised that three years ago but it’s a new world. Number three. Third thing you have to. You have to know. Never take with you fake documents even if it’s a joke. I had a client for a DUI. Wife’s a U.S. citizen. He was from Guatemala. His wife as a joke made it made a card with the name of a famous singer and his photo on it. It was clearly fake. I mean it was meant as a prank. Police officer after you arrested him for the DUI. Look through his wallet incident to the arrest. So he had you he was entitled to search his his is his stuff and found it and charged him with possessing a fake document. It was ridiculous. But you know what. And we got it dismissed. But it took six months. Now had that happen under this administration. That’s an indictable offence. And he’s now dealing with something in Superior Court. And with that he might be in ICE custody and facing deportation. So don’t take four false documents with you nowadays. Officers I’ve seen Take Mexico for example. They’ve seen hundreds if not thousands of Mexican driver’s license if yours is fake, chances are they’re going to know. Number four don’t lie to the police. It’s not going to help you. You’re better off not answering. The example I just gave to have you had any alcohol. 

Andres Mejer Oh yes officer I had only one when you really had more. Well you just told that you gave me enough information from to arrest so other example that I provide before. Have you. It’s 3:00 a.m. on a Friday in Asbury Park you’re coming from a bar. Hey did you have anything to drink. No officer. But I have a six pack here would you like one. Don’t lie. First of all they’re going to smell the alcohol. It’s actually the it’s not the alcohol itself that the smell but they always say I smell alcohol. You’re better off saying I won’t answer any questions without. My attorney present lying only gives him ammunition and depending on the lie it may be a crime. If you’re protecting someone or you’re obstructing justice or the administration of justice now you’re facing with a crime and you don’t need to. Just don’t answer. Show them the card. Go below make a comment. Share the video. I want everyone to know their rights. I’m giving this away for free. Anybody that comments and shares by Monday Monday morning my staff will send them an image you will end if you want. 

Andres Mejer I will mail it to you. Obviously you will get it by Monday. I will mail it to you but please put your address in a private message to me. Don’t put your address on this post. It’s not going to help you. Number 5. Fifth critical thing you need to run. You need to know is. Don’t run. If the police approach you don’t run what’s going to happen. They’re going to chase you and then they’re going to put you down to the ground they’re gonna handcuff you and all of a sudden the officer got bumped accidentally. I don’t know how but these things happen too frequently. Now you’re charged with aggravated assault for hitting an officer and for resisting arrest and for whatever else they may have you now took a simple scenario into a very complicated and problematic one. If you’re an immigrant because now you’re defending the criminal case and you might also be defending the immigration case. So a superior court judge may lay let you out of jail an immigration judge will not. Don’t put yourself in that scenario. Don’t run super important. Don’t lie. Don’t run. And number six. Don’t fight back even if the police hits you the moment you hit back. I’m not saying it’s right. If if they come in they hit you. You should be able to defend yourself. But unfortunately now you’re going to be charged with a much greater offense again aggravated assault. And it could be more significant depending on what happened. Don’t do it. You might win. You might win the fight. You’ll lose the battle. The battle is staying here in the United States. That’s the battle. The moment you have a serious criminal charges facing you you might have already lost the battle. Don’t put yourself in that scenario. Number seven. You don’t have to sign anything. Repeat after me I won’t sign without my attorney present. Incredibly important. They’re going to show your documents you may not know it. You may not understand it. If you don’t know what it is. Absolutely. Don’t sign and say listen I don’t sign anything without seeing my attorney without talking to my attorney. Show them the card. It says very clearly. I’m not talking to you and I’m not signing anything without my attorney present. Number eight the eighth thing you must know if you’re detained by police or by ICE you’re in a holding cell. You don’t know if the person sitting right next to you is your friend or working with the police. Just because he says he’s from Oaxca Mexico and he speaks Spanish doesn’t mean it’s true. You don’t talk about your past you don’t talk about how you entered the United States. You don’t talk about any charges that you have. You don’t know what that person is. Keep quiet. Don’t give information that could be used against you even if the person is the best of intentions. That could be watching you on the camera and they could be recording it. You never know nowadays. Don’t take the chance. Silence is your best defense. Number nine the moment you’re released the moment the interaction ends. Even if you’re not arrested. Get pen and paper write as many details as you remember how many officers were there. How many police cruisers were there. What town did it happen. What did they say. What did you do as much detail as you can. Details matter. This may go to trial or I may never go to trial but it may happen 6 7 9 months a year down the road. You’re not going to remember all the details and details matter. For example I had a client. He was arrested and charged for DUI in Jackson. Problem is he was charged by a Lakewood police officer and gave a Lakewood ticket in Lakewood court. Lakewood officer did not have jurisdiction. Had my client not remembered all those details I would not have known to contact the Jackson Police Department. And in addition to Lakewood and we got the information there was a Jackson officer on the scene. He didn’t right to ticket. The Lakewood guy did. And the Lakewood did not have jurisdiction. Those charges were dismissed. Details matter. So what can you do to date. You can write a comment down. You can share this video and I will give you a copy of this card. Do it by Monday and I’ll send it to you again if you want me to mail it to you. Send me a private message with your name and address and I’ll mail it to you I can’t mail if I don’t if I don’t know where to send it. You can always give us a call. 8 8 8 8 8 8 0 3 0 7. Incredibly important to be protected again. ICE is supposed to start arresting and detaining people on Monday. Now they’ve been doing it. They were doing it today. They’ll do it tomorrow. And they were doing it last year too. This is supposed to be a significant build up that Trump announced. Allegedly they’re only looking for people with orders deportation orders. But if they show up to the House of Andrés Mejer it and they find Jorge Fernandes and Maria. I don’t know. I can’t think of a last name at the moment they find Maria whomever they’ll detain them too, If they learn that they’re undocumented or illegal. So what happens if they show up to your house. 

Andres Mejer First. You read them your rights because you have it on you. You say based on the Fifth Amendment under the U.S. Constitution I have the right to stay quiet not answer your questions not sign or hand you any documents. I will not sign anything without speaking to an attorney based on the Fourth Amendment of the U.S. Constitution. I did not give you permission to enter my home unless you have a warrant to enter signed by a judge or by a magistrate with my name. And you have to slide under the door so I can see it again. 

Andres Mejer If they’re showing up at the house of under this method and they’re looking for Jorge Fernandez they don’t have a right to enter my home. There’s no Jorge Fernandez here. I haven’t seen him in 10 years. I promise. 

Andres Mejer [00:14:01] Now. Also the Fourth Amendment I do not give you permission to search any of my belongings. None of my person or my car you know the pull you over and say I just want to see what’s in your trunk. No. They’ll tell you what you know I could just get permission I could just call a judge and you have to sit here. IT’LL TAKE A COUPLE HOURS AND YOU’LL WAIT. OR YOU JUST LET ME LET ME LOOK AND I CAN YOU CAN BE ON YOUR WAY. 

 NO get your ORDER. Chances are they can’t get it because if they could if they could get it they would. Daisy says some say ICE is in Lakewood. It doesn’t surprise me it doesn’t surprise me in the least they’re going to go to places where they have a name and address it. It’s not like they weren’t doing it yesterday and it starts on Monday. This has been ongoing however they re-allocated officers from HCI investigations and other agencies to be able to go with more force to more locations in one time. In the past, I mean this is unprecedented. No President would ever have announced Hey we’re be aware we’re coming to get you. Again he’s trying to cause fear. You need to be protected. You need to know your rights. You need to have this card on you at all times. If they have an order for your arrest this isn’t going to stop it. You’re gonna get arrested. This is just you knowing your rights so you don’t voluntarily give them something that they can use to detain you. 

Andres Mejer It’s in English and in Spanish. 

Andres Mejer Take it with you. You have any questions. Give us a call. 8 8 8 8 8 8 0 3 0 7. If you’re prepared. Great. If you’re not, we can help you get prepared. If you or a loved one get detained we can help you we can figure out what your options are. We’ll help you from beginning to end. We’re here for you. 

Andres Mejer Stay safe. Thank you.