1. Be Ready. Be Strong.
Preparing immigrant and refugee communities for immigration enforcement.
This presentation was prepared by The Advocates for Human Rights.
Founded in 1983, The Advocates for Human Rights is a volunteer-driven nonprofit NGO whose mission is to implement international human rights standards to promote civil society and reinforce the rule of law. The Advocates engages nearly 1000 volunteers each year in legal representation of asylum seekers, human rights documentation and advocacy, and community engagement.
Check for the most up-to-date version of this presentation.

2. Knowledge builds power.
immi.org:
online screening and information tools for immigrant and refugee communities.
Park Avenue Walk-In Legal Clinic
Thursdays
12-3pm – family prep workshops
3-5pm – legal clinic
PREP:
Download and print any resources for your workshop ahead of time.
Choose the modules which are best for the audience.
Key resources:
Local referral information (information about AILA, VLN clinics, ILCM intake and hotline, MMLA intake, AHR intake, MN Detention Project, Conversations With Friends, and local refugee resettlement agencies)
Immigrant Legal Resource Center – Family Preparedness Plan (Eng and Spn) –
ILRC Red Cards – order in advance via or use their online template to print your own
Women’s Refugee Commission Family Separation Resources:
Immigrant Defense Project – Emergency Preparedness Plan - (includes resources for financial planning and other help)
Immigrant Defense Project: - helpful resources and guides for community members (also for attorneys, public defenders, judges, and prosecutors). This resource includes posters and other materials.
Immigrant Defense Project/Center for Constitutional Rights – Defend Against ICE Raids and Community Arrests (available at
National Immigration Project of the National Lawyers Guild – for helpful infographics

3. Immigration 101 Migration is an ancient human experience.
People have migrated for an estimated 200,000 years. Migration has been essential to the ability of humans to survive and thrive. Today’s migration happens for many of the same reasons it always has: family, food, and freedom. These are good motivations. Today’s immigrants and refuges should be proud, not ashamed or fearful.
By contrast, the nation-state system, defined by national borders and state sovereignty, has been a dominant political structure for just a few hundred years. The U.S.-Mexico border was largely uncharted for years following the signing of the Treaty of Guadalupe Hidalgo that brought an end to the Mexican-American War, allowing people to move freely. See for more history.

4. This section helps people identify POSSIBLE options for staying legally in the US.
Options for presentation:
General overview + individual consultations with immigration attorneys
Small group discussions + individual consultations with immigration attorneys
Computer lab for immi.org survey + individual consultations with immigration attorneys
Print the following:
Immigration UPDATE

5. Muslim Ban 2.0 Iran, Syria, Libya, Sudan, Yemen, and Somalia
Currently ON HOLD
Does not include people with green cards (LPRs), dual nationals, or people already granted asylum, refugee status

6. Refugee Ban US Refugee Admissions Program on hold at least 120 days
No more than 50,000 refugees this fiscal year

7. Expanded Deportation Priorities
Convicted of crime
Charged with crime
Committed crime
Entered without documents
Has a final removal order
Abused public benefits
Committed fraud
Risk to public safety or national security

8. Immigration Options Know your options.
This section helps people identify POSSIBLE options for staying legally in the US.
Options for presentation:
General overview + individual consultations with immigration attorneys
Small group discussions + individual consultations with immigration attorneys
Computer lab for immi.org survey + individual consultations with immigration attorneys
Print the following:
Immigration Options
Know your options.

9. Immigration Options
Some people have good options to apply for legal status.
Some people may be able to raise a defense to being deported.
Knowing your options helps you make good decisions.
#1 Every case is different. Two people may seem to be in the same situation but have very different options depending on how they entered the US, how long they have been in the US, and other factors.
#2 Don’t assume there is nothing you can do. Find out your options so you can make good decisions.

10. Immigration Options Find trusted legal help.
Immi.org – identify options
ImmigrationLawHelp.org – find free legal help
AILA.org - hire an attorney
Beware of fraud
HANDOUT: Local immigration resources – download the Upper Midwest Immigration Legal Resources Handout or go to for a list of local free/low-cost legal service providers.
Remind the audience that free legal services generally are open only to people with very low incomes.
Private attorneys can be affordable. People should ask for a consultation to meet an attorney and discuss their case. Consultations generally cost between $0-$300.
Most private attorneys charge flat fees for immigrations. Ask for a retainer agreement that details how much the attorney will charge before you decide to hire them. Do not assume you cannot afford an attorney to help you.

11. Immigration Options: Citizenship
It doesn’t happen often, but sometimes people don’t know that they are U.S. citizens.

12. Immigration Options: Family
If you are the relative of a U.S. citizen or a green card holder, you may be able to get a green card. U.S. citizens who are 21 and older can apply for their spouses, children, parents, sisters, and brothers. If they are under 21, they can only apply for their spouses and children. Green card holders (permanent residents) can apply for their spouses and unmarried children. In some cases, their grandchildren or their spouse's children benefit too. How long it takes to get a green card depends on many things. In general, it's faster if the relative is a U.S. citizen than a green card holder. Other factors include your:
Relationship to the relative;
Your age and marital status;
Trips you took outside the U.S. and how you came to the U.S.
You may be allowed to stay in the U.S. while the application is  processed. Or you may have to leave the United States and apply at a consulate outside the country.  
Warning! The rules are different for people who entered the US with a visa and those who entered without inspection (illegally). The rules are also different depending on whether the petitioning relative is a US citizen spouse, parent of a minor unmarried child, or child who is at least 21 years old. Some people living in the US might be able to get a green card through a family-based petition, but some will need waivers or even be permanently barred. This is an area that requires experienced legal help.
Special Programs Certain qualified people can get their green cards through special programs, including:
U.S. military;
Domestic violence victims;
Widows or widowers;
Fiancés of U.S. citizens (someone engaged to be married).
Source: immi.org

13. Immigration Options: Crime Victim
What is a U Visa? Immigrants who are worried about being deported may be too afraid to report a crime to the police, even if they are the victim. The U visa can protect victims of certain crimes by making it safer to report the crime or help law enforcement.  A person who is the victim of domestic violence or trafficking, but who doesn't qualify for VAWA or a T visa, can sometimes qualify for a U visa. Which crimes qualify for a U Visa? Many crimes and attempted crimes qualify for the U visa. This includes crimes that happen at work. Because different states use different names for those crimes, it's a good idea to talk to an immigration lawyer to find out if you qualify for a U visa. You may qualify for a crime such as:
Assault (hitting, beating), abusive sexual contact, blackmail, domestic violence, genital cutting of a girl or woman
Paying someone too little for their work, keeping them prisoner, tricking them into working, threatening to make them lie to an investigator, and others
How do I prove that I qualify? You must show that:
The crime hurt you, physically and/or mentally.
You were helpful or will be helpful to law enforcement (police or investigators). This means reporting the crime or answering questions. Even if the crime happened a while ago, it might not be too late to report it or be helpful.
How long does it take to get the visa? There is a waiting list for the U visa. How long it takes depends on how many people have applied and your place in line. But you can apply for a work permit while you wait for your U visa. If I get a U Visa, can I help my family members stay in the U.S.? If you qualify, you can get a work permit and permission to stay in the U.S., and help other family members get a U visa, too. If you are 21 or over, you can apply for your spouse and children, too. If you are under 21, you can also apply for your parents and unmarried brothers and sisters who are under 18.
Source: immi.org

14. Immigration Options: Trafficking Victim
Immigrants who are worried about being deported may be too afraid to report trafficking to the police. The T visa can protect immigrants who are trafficking victims by making it safer to report the crime or help law enforcement. A trafficking victim is someone who was tricked or forced to work as a slave or as a sex worker. It is against the law to use force or threats to make someone work. If you qualify, you can get a work permit and stay in the U.S. for 4 years. After 3 years, you can apply for a green card (permanent residency). To qualify you must show that:
You are in the U.S. because of the trafficking (you were recruited to the U.S. or are too afraid to leave).
You helped the police (unless you are under 18 or too injured or upset by the trafficking)
You would suffer terribly if you were ordered to leave the U.S. (if you are 18 or older)
Your family members might be able to get a T visa, too. If you are 21 or over, you can apply for your spouse and children, too. If you are under 21, you can also apply for your parents and unmarried brothers and sisters who are under Trafficking victims may also qualify for a U visa. The U visa is for crime victims. It has similar benefits, and is sometimes easier to qualify for.
Source: immi.org

15. Immigration Options: Asylum
Asylum protects people who are afraid to go back to their home country because they were harmed or threatened because of their race, religion, nationality, political beliefs, or membership in a group. If you left your home country to escape this kind of harm, and if the harm or threats came from your government, military, or other group, and the government did not keep you safe, you may qualify for asylum.
Examples of people who can apply for asylum if they are harmed or threatened include:
A reformer or activist
A woman who is against genital mutilation
A family member of an elected or political leader
A member of a religious minority
A woman who is the victim of domestic violence in a country that does not protect women
A member of a clan or race targeted by another clan or race
A person who is against forced sterilization
A person who identifies as lesbian, gay, bisexual, and/or transgender
Asylum applicants can apply for their spouses and unmarried children under 21. After 1 year of asylum, they can apply for a green card.
Other rules about asylum Each asylum case is different. It can be hard to prove when it is safe or not to live in a home country or a different part of a home country. And if an applicant waits a year or more, it is harder to qualify. It's important to talk to a Legal Advocate to see if you qualify for asylum. If not, you may qualify for another protection, like withholding or the Convention Against Torture.
Source: immi.org

16. Cancellation of Removal
What are the basic requirements for cancellation of removal?
If you are not a lawful permanent resident and you meet the requirements outlined below you might be eligible to apply for cancellation: 1. You have lived in the United States for 10 years or more; 2. You can show that you have “good moral character” (explained below); 3. You have a spouse, parent or child (under age 21) who is legal permanent residents or U.S. citizen; and 4. You can show that a member of your family will suffer “exceptional” and “extremely unusual” hardship if you are removed from the United States. Hardship to yourself does not count.
How do you apply Cancellation?  If you believe that you are eligible for cancellation, you should tell the Immigration Judge.  The Immigration Judge will give you Form EOIR 42B Application for Cancellation of Removal to fill out and submitted with the court. To have a successful application, you should submit documents to support your application and have witnesses testify in court.
How do you show that you are eligible for Cancellation?
1. Continuous Presence for ten (10) years: To show the judge that you have been living in the United States for at least ten (10) years, you should collect and submit the following evidence:  Rent Receipts  School records  Medical or dental records  Social Security records
 Payroll records and income tax records  Utility bills  Children’s birth certificates  Marriage certificate
2. Good Moral Character: To show the judge that you are a person of good moral character you should collect the following evidence:  Letters from family members, co-workers, neighbors, or religious leaders  Photographs of you and your family  Tax records  You must show the judge that you have not been convicted of certain crimes and have not been found to be a habitual drunkard, gambler, or prostitute
3. Exceptional and Extremely Unusual Hardship: In order to win your cancellation case, you must show that deportation will cause “exceptional and unusual hardship” to your children or family that are either U.S. citizens or legal permanent residents.  To prove your family’s dependence on you for financial and emotional support, you should gather:  Proof of child support payments  Letters from your family  Bills of family expenses  Proof of family member’s insurance
 To prove your family’s medical problems, you should gather:  Doctor’s letter  Copies of medical Records  Copies of prescriptions  Letter from social worker  Copies of treatment records  To prove your children’s ties to the United States, you should gather:  Evidence that your children are attending school.  Evidence of your children’s performance in school, such as report cards.  Evidence that your children have friends and other close ties to the United States.  Evidence of your children’s activities outside of school (like sports or lessons).  Letters from teachers, counselors or school principals.
Can you qualify for Cancellation if you have a criminal history?  The following categories of people are ineligible to apply for Cancellation: o Habitual drunkards o Polygamists o Prostitutes o Smugglers (including sending money for family members to “cross over” into the United States) o People convicted of crimes involving moral turpitude o People convicted of drug crimes (except for a single offense of simple possession of 30 grams or less of marijuana) o People who derive their income from illegal gambling o People who have given false testimony to obtain any immigration benefit o People who have been in prison for 180 days or more o People convicted of an aggravated felony o People who falsely claim United States citizenship or register to vote
How should you prepare for your Cancellation hearing?  You should be prepared to testify in your hearing and answer the government’s questions truthfully.  You should also have your friends and family come to court to testify on your behalf in order to help show that you deserve to stay in the United States.  It can be difficult to win Cancellation. It is usually best to have a lawyer represent you in your case.
Source:

17. Detention
Immigration law allows ICE to detain people while a removal case is pending.
ICE has legal authority to detain any person it believe to be in violation of federal immigration laws.
ICE has many detention centers around the US. People may be held in jails close to their families, but they may be held across the country.
ICE uses detention strategically to get people to give up and agree to be deported. ICE will pressure people in detention to sign papers agreeing to give up their cases and be deported. Sometimes people with strong legal cases simply cannot cope with being detained, especially because there is no “release date” – people can be held for months while they wait for a hearing or for a decision on appeal.
It can be very difficult to stay in jail without knowing how long the case might take. Families and communities can help support people who are detained.
In Minnesota, Conversations With Friends (conversationswithfriendsmn.org) visit and writes letters to people in detention.

18. Help your family stay safe in uncertain times.
This section uses the Immigrant Legal Resource Center’s Family Preparedness Plan.
Before the session, download and print the toolkit (Eng or Spn) at
Be Prepared
Help your family stay safe in uncertain times.

19. Child Care Talk to your children Write down medical information.
Decide who can take care of your children if you can’t.
Get certified copies of your children’s U.S. birth certificates.
This section uses the Immigrant Legal Resource Center’s Family Preparedness Plan.
Before the session, download and print the toolkit (Eng or Spn) at

20. Information Inventory
Identify social service providers, legal help, and other trusted resources.
Identify important personal, medical, financial and contact information.
Copy important documents.
Tell family and emergency contacts about how to find you if you are detained.
What is a Power of Attorney?
Do it yourself forms:

21. Defense Fund
Consider how to save or raise money for bond or for an immigration lawyer
Identify a trusted person with lawful immigration status who can post bond.
Bond typically is set between $5000-$10,000 and can be higher. Cash (not bail bonds) is required. The person who “posts” the bond at ICE must be documented. If all conditions of the bond are met the money will be returned with interest. It may take years for the bond to be returned. If any conditions are violated, the money will be forfeited.

22. Exercising our rights under the U.S. Constitution
This section talks about our constitutional rights and provides scenarios for people to practice exercising our rights.
It’s human nature to invite people into our homes and to answer questions when asked.
It’s frightening when police demand to come into our homes or ask us questions.
But the U.S. constitution protects all of us – even if we are undocumented – from answering questions that might get us in trouble or letting the police or ICE into our homes without a judge’s permission.
Know Your Rights
Exercising our rights under the U.S. Constitution

23. Know Your Rights
Everyone – regardless of immigration status – has important constitutional rights in the U.S.
Everyone who lives in the U.S. has legal rights. Our legal rights are in the U.S. Constitution, a document that protects us from bad or unfair treatment by law enforcement or the government. To protect yourself, learn about the right to be silent, the right to talk to a lawyer, your rights inside your home or on the street, and more.
Know your rights: to ask for a lawyer, and when to stay quiet or ask to see a warrant.
*Have an emergency plan, with phone numbers to call, a lawyer's name and number, someone to take care of your family, and a safe place at home where you keep important papers and contact information.
* Do not use or carry a fake I.D. or information. Bad documents or lies can make your situation worse.
If you are stopped by police or immigration, you can ask if you are "free to leave?" If the officer says "yes," then you can calmly walk or drive away.
You do not have to answer questions about your legal status, where you were born, or how you came to the U.S. You can tell the officer that you have a "right to remain silent."
You have the right to talk to a lawyer before you answer questions. You can tell the officer that you want to talk to your lawyer first. In some places, you have to give your name if the officer asks.
At your home, the police or immigration often need a "warrant" or your permission to come in. A warrant is permission from a judge. It must be signed by the judge. You can ask them to slip the warrant under your door. You can tell them you will not open the door and they cannot come into your home without a warrant.
You do not have to sign papers that you do not understand. Wait until you talk to a lawyer. Do not let someone scare you about signing papers.

24. Know Your Rights Everyone has the right to freedom of religion
The March 7, 2017, executive order barred people from 6 predominantly Muslim countries from entering the United States.
Targeting people because of their religion may violate the U.S. constitution.

25. Know Your Rights
Everyone – regardless of how they came to the U.S. – has the right to seek and enjoy asylum from persecution.
The United States is legally obligated to make sure people are not deported to a country where they fear persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, or to a country where they fear the government will torture them.
People in the US or at a US border can ask for protection.
The Advocates for Human Rights is concerned that the expansion of a process known as “expedited removal” will threaten the ability of people to exercise their right to seek and enjoy asylum.

26. Know Your Rights Right to remain silent. Right to talk to a lawyer.
Right to see a warrant signed by a judge before allowing police/ICE into your home.
Right to not sign papers you do not understand or agree with.
Everyone who lives in the U.S. has legal rights. Our legal rights are in the U.S. Constitution, a document that protects us from bad or unfair treatment by law enforcement or the government. To protect yourself, learn about the right to be silent, the right to talk to a lawyer, your rights inside your home or on the street, and more.
To be ready for a raid or arrest:
Know your rights: to ask for a lawyer, and when to stay quiet or ask to see a warrant.
*Have an emergency plan, with phone numbers to call, a lawyer's name and number, someone to take care of your family, and a safe place at home where you keep important papers and contact information.
* Do not use or carry a fake I.D. or information. Bad documents or lies can make your situation worse.
If you are in a raid or arrest:
If you are stopped by police or immigration, you can ask if you are "free to leave?" If the officer says "yes," then you can calmly walk or drive away.
You do not have to answer questions about your legal status, where you were born, or how you came to the U.S. You can tell the officer that you have a "right to remain silent."
You have the right to talk to a lawyer before you answer questions. You can tell the officer that you want to talk to your lawyer first. In some places, you have to give your name if the officer asks.
At your home, the police or immigration often need a "warrant" or your permission to come in. A warrant is permission from a judge. It must be signed by the judge. You can ask them to slip the warrant under your door. You can tell them you will not open the door and they cannot come into your home without a warrant.
You do not have to sign papers that you do not understand. Wait until you talk to a lawyer. Do not let someone scare you about signing papers.
Stay calm and think before you talk or act.
The government has a phone number to report problems in immigration detention, such as separation from a small child, bad treatment, serious mental illness or other problems. A person who is detained, or a friend or family member can call:

27. Know Your Rights
Do not open the door for ICE or police. Ask to see a warrant signed by a judge.
Remain silent. Give your real name if the police ask. Do not lie.
Ask if you are under arrest. If not, you can walk away.
Do not sign anything you do not understand or agree with.
Ask to speak to a lawyer and go before an immigration judge.
Exercising our constitutional rights takes practice. It’s polite to answer questions and to invite people into our homes – asserting our rights feels rude.
Let’s practice now.
Optional exercise: Get 2 volunteers to come to the front of the room. One volunteer will ask questions and the other will try to assert their rights.
Optional exercise: Ask people to turn to the person sitting next to them. Take turns asking questions and remaining silent.
Any law enforcement officer can ask you any question. You have the right to remain silent.
Ask “am I under arrest?”
If the answer is “no” you can walk away.
Any law enforcement officer can ask to come into your house. You can keep the door closed unless they have a warrant signed by a judge giving them permission to enter your house.
If law enforcement enters your house without a warrant, you can say “I do not consent to you searching my house.” Do not interfere or try to stop them – the only remedy you have is later in court.

28. Be Strong.
Everyone – documented and undocumented – has rights in this country.