Georgetown Law Professor Presents “Know Your Rights”

The Refugee Physicians Advocacy Coalition, an affiliate of Their Story is Our Story, was pleased to host a “Know Your Rights” information session featuring guest presenter, Professor Emily R. Chertoff.

Professor Chertoff is an associate professor of law at Georgetown Law School. Her research focuses on transformations in the administration of law enforcement, particularly immigration enforcement. Before joining the academy, she served as the first Executive Director of the New Jersey Consortium for Immigrant Children, an advocacy coalition that won state-funded legal services for immigrant youth. She also was a Staff Attorney and Yale Public Interest Fellow at Immigrant Defenders Law Center, where she helped build an impact litigation and appellate advocacy practice. Her work included emergency COVID-19 habeas practice, Ninth Circuit litigation, and direct representation of detained people.

Questions and Answers

• Is it legal to film an ICE arrest with your phone? Dangers or legal protections we should be aware of?

  • It is within the first amendment rights to record, but doing so may escalate an aggressive response from law enforcement

  • If you are trying to help someone who is being detained, try to get the arrested person’s name and a contact number for a loved one to be able to inform their loved one of their arrest and where it happened.

• Do naturalized citizens need to worry about citizenship being taken away?

  • The grounds for denaturalization by law are limited to committing fraud (lying about something in your immigration process). This is difficult to prove and would be a long process for the government to pursue.

  • Keep your documents and records in a safe place and easy to access if needed.

• What is the benefit of carrying visa or immigration documents with you, if it is not best to show to ICE agents?

  • If you are arrested it is better to have some documentation with you about your status. Keep them with you and avoid having to use them, unless you are in a situation of being arrested or detained. DO NOT provide them as the main source of ID. DO NOT volunteer your documents. If you are getting arrested you might need to share them.

• Does the information you shared about deportation when going through the overview of what is happening in DMV and nationally apply to green card holders as well?

  • You can be deported if you have a green card if you are convicted of crimes (or sometimes if you have been prosecuted). The government can’t just take away your green card, although we have heard some stories recently in the news. The government invoked a special statute in the Khalil case; however, it is not likely. This was an extraordinary measure designed to scare people.

• What constitutes an “INFRACTION” as grounds for deportation?

  • Depends on the jurisdiction. Could be a traffic violation if that violation is classified in a certain way in the criminal code. Can’t give a specific answer.

• Is there a fee associated with “Bond”, and if so, are there groups that are helping with those fees?

  • There will typically be a requirement to pay money to get out of detention and to guarantee that people will show up to court. Most people raise bonds privately through family and friends. The groups listed may be able to help with bond or provide other contacts.

• Does expedited removal apply to people who used the Biden humanitarian parole (HP) program that has been terminated by this administration?

  • It is likely this will get litigated at some point. There is not a clear answer yet. If you came in properly with HP, you would not be in the category of people subjected to expedited removal. If you are here for more than 2 years, you should not be subject to expedited removal - there is a strong argument for this.

• How do you handle the knock on the door? How do you ask to see a warrant if you don’t open the door to law enforcement?

  • Ask to slip under the door or show through the window. If they say no, do not open the door. This is probably a good indication that they don’t have a warrant signed from a judge.

• What if you ask if you are being detained and they don’t tell you yes or no?

  • If they don’t say yes or no, operate on the assumption that you are being detained. Be quiet, don’t say anything, remain calm and wait.

Resources:

• Detention representation: Amica Center https://amicacenter.org/

• Connect to other people who are immigrants, education, and legal services: CASA https://wearecasa.org - $35 annual membership fee (Maryland, Virginia, Pennsylvania, Georgia). Also has a hotline to report ICE activity: 888-214-6016

• More Know Your Rights and self-help resources: Asylum Seeker Advocacy Project (national) https://asaptogether.org/

• Resources for immigrants and allies: Migrant Solidarity Mutual Aid- https://www.dcmigrantmutualaid.org/. Also has a hotline to report ICE activity in the Washington D.C. area: 202-335-1183

Georgetown Law Center’s Immigrant Experience Project

Professor Chertoff leads the Immigrant Experience Project (IEP), a new research initiative that explores how different groups of people with immigrant status understand, respond, and adapt to recent changes in U.S. immigration law and policy. If you or someone you know is a green card holder, visa holder, asylum seeker, refugee, or someone with no status in the greater Washington D.C. area (DMV), Professor Chertoff’s team is interested to hear about your day-to-day lives, how you are learning about and reacting to the new immigration policies. The IEP team’s hope is to safely and responsibly include voices from the community as they document the effects of these policies. Interviewees speak to a member of the research team in a completely confidential, one-on-one conversation lasting about 1-1.5 hours and at a time/place of your choice, and receive $20 as a thank you for your contribution.

Download and share a flyer about the Immigrant Experience Project in your preferred language:

• English

• Spanish

• Dari/Farsi

• Arabic

• French