During his campaign, President-elect Donald Trump vowed to use executive orders to implement stricter immigration policies, saying that he would “carry out the largest deportation operation of criminals in American history.”
Now with less than a week before Trump’s inauguration, members of Milwaukee’s immigrant community are bracing for the next four years.
“People are taking the (future) administration at their word,” said Alexandra Guevara, communications director for Voces de la Frontera, an immigrant advocacy organization in Milwaukee.
Guevara said her organization has been fielding phone calls from worried residents.
Here are answers to five key immigration-related questions.
1. Who may be affected?
Unauthorized immigrants can be arrested by U.S. Immigration and Customs Enforcement, or ICE, and U.S. Customs and Border Protection and may be subject to deportation proceedings.
Unauthorized immigrants include those who enter the U.S. illegally, overstay a visa or violate terms of admission.
It is unclear how stricter immigration policies will affect those with short-term protections, such as Deferred Action for Childhood Arrivals and Temporary Protective Status.
“But I think the writing is on the wall for those” protections, said Marc Christopher, managing attorney and owner of Christopher & De León Law Office, a law firm based in South Milwaukee that practices immigration law.
Trump’s first administration expanded the use of expedited removal, which allows deportation of an unauthorized individual without appearing before an immigration judge.
Many advocates worry that this expansion will happen again, making people who are unable to prove at least two years of continuous physical presence in the country eligible for expedited removal, said Cain Oulahan, attorney with Oulahan Immigration Law.
Because of the general confusion and shifting political landscape, Guevara worries that there will be an increased risk of racial profiling.
2. What can be expected from local enforcement?
ICE relies on local law enforcement to help carry out its duties, but the level of cooperation with ICE varies greatly depending on the area.
Milwaukee Police Department policy states it does not routinely inquire about immigration status during operations, emphasizing that most immigration violations are civil, not criminal.
However, Christopher thinks it is likely the Trump administration will begin to put more pressure on cities to comply with ICE.
The policy of the Milwaukee County Sheriff’s Department does not completely shut the door on cooperating with ICE in certain scenarios where someone is detained for committing a crime and is also suspected of being an unauthorized immigrant.
On a practical basis, though, the nature of the crime in this scenario is likely to make a difference, said Ruby De León, staff attorney at Voces.
“It doesn’t seem like day-to-day traffic stops – I don’t believe they would prioritize contacting ICE over these incidents.”
NNS reached out to ICE for comment about its priorities and plans for Milwaukee but did not receive a response.
3. What rights do people have?
Advocates stress that constitutional protections apply regardless of citizenship status, including the right to remain silent, the right to talk to a lawyer and protection from illegal search and seizure.
If law enforcement asks people to show immigration documentation, they have the right to remain silent or refuse to answer questions.
Law enforcement must have reasonable suspicion of unauthorized presence in the country to demand proof of immigration status, said R. Timothy Muth, staff attorney at the American Civil Liberties Union of Wisconsin.
At the same time, if people are not citizens but have documentation that permits them to stay in the country – such as a green card – they are required to keep that documentation with them, Muth said.
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If a person is approached at home, a warrant for deportation allows officers to enter a home only if it is signed by a judge.
“And you should ask to see it,” Muth said. “You ask them to slip it under the door or show it to you at your window. You have a right to see the warrant and look at the signature line.”
With potential immigration violations, people have the right to speak to an attorney. But unlike with criminal arrests, the government does not have to provide the lawyer, De León said.
Additionally, individuals with a legitimate fear of persecution or torture in their home country have a right to seek asylum or asylum-type protection, Oulahan said.
4. What should be avoided if approached by law enforcement?
Voces and the ACLU advise against signing documents without a lawyer, running away or lying.
Running away and lying can be separate criminal acts, Muth said.
If people suspect their rights are being violated, such as being unlawfully searched, then they should not physically intervene, Muth added. They should instead document what they can and clearly state that they do not consent.
Voces and the ACLU also suggest taking photos or videos of agents, noting names and badge numbers.
5. What tangible steps can people take now?
Voces offers workshops to educate people about their rights.
Advocates recommend ensuring documentation is current, applying for passports for U.S.-born children and pursuing citizenship or legal status if eligible, perhaps through an employer or family member.
A city of Milwaukee municipal ID can serve as a form of identification for city residents who cannot get state identification.
Muth recommends carrying documentation showing continuous presence in the country for more than two years, such as a lease agreement, pay stubs or utility bill in a person’s name.
Voces also suggests completing power-of-attorney forms to plan for potential family separation.
Resources
Organizations like Catholic Charities Refugee and Immigration Services, International Institute of Wisconsin and UMOS offer free or low-cost legal assistance regarding immigration and citizenship.
Voces deems the following attorneys trustworthy: Abduli Immigration Law; Christopher & De León Law Office; Layde & Parra; Maria I. Lopez Immigration Law; Oulahan Immigration Law; and Soberalski Immigration Law.
Immigration Advocates Network provides a list of resources.
Immigrant Legal Resource Center provides a downloadable card listing people’s rights and protections.
We’re here to help
Do you have questions we can help get answered? Send an email to dblake@milwaukeenns.org.
News414 is a service journalism collaboration between Wisconsin Watch and Milwaukee Neighborhood News Service that addresses the specific issues, interests, perspectives and information needs identified by residents of central city Milwaukee neighborhoods. Learn more at our website or sign up for our texting service here.
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