DEPORTATION DEFENSE MANUAL
We know these are troubling times, which may cause a lot of anxiety, especially in our immigrant communities. At Make the Road NY, we are actively working on Know Your Rights materials to help ease some of the anxiety our families, neighbors, and loved ones may be feeling at this time.
The purpose of this manual is to provide information, resources and a guide to create a plan of action to protect targeted communities against hyper enforcement perpetuated by ICE (“la Migra”). It is important to remember when we act together, we have the power to protect one another even when immigration laws and agents do not respect our community.
This manual is a resource for individuals who are being impacted by the escalation of immigration enforcement activity, and for individuals who are interested in becoming a support person for those affected. However, this is a supplement to, not a substitute for, legal counsel. If you are facing deportation or have a previous deportation order, you should reach out to an immigration attorney.
LATEST RESOURCES
If ICE Shows Up at Your Door, Know Your Rights!
Do NOT open the door. ICE does not have the right to enter your home without a valid warrant signed by a judge.
Remain calm. Don’t run and most importantly do not lie about your name, age, immigration status, etc. Anything you say or do can be used against you.
Do not sign anything. Ask to have documents translated. If you do not speak English ask for an interpreter. Have an attorney look over any documents that ICE gives you.
Make a family plan. If you have children, identify a caretaker.
Record. If you witness someone being detained by ICE, you have the right to record as long as you do not interfere with the arrest. Pictures, videos, and any information you can gather, can help verify an immigration raid and also help someone’s immigration case.
If ICE shows up at your workplace, you have rights!
ICE may conduct raids in areas open to the public. These include: eating areas, lobbies or waiting areas, and spaces that anyone can access. While you may not expect ICE at your workplace, it is an unfortunate practice for people to “tip” ICE about potential undocumented workers at job sites. If they search your workplace, they might use the“tip” as probable cause to conduct a raid.
ICE may not enter nonpublic areas without warrants. These include: places marked for “employees only,” kitchens, offices, backrooms, or inaccessible areas.
Prepare your workplace. Ask your supervisor to put up signage requiring consent and a judicial warrant for law enforcement to enter. Designate a safe space for staff in a staff-only area in case of an ICE encounter.
If your employer asks to reverify your employment. Check to see if they are asking everyone. If not, it could be discrimination. Ask for time to gather documents. Do not provide false documents.
What to do if ICE talks to you? DO NOT: Lie, hand over false documents, or answer questions without a lawyer. SAY: I want to remain silent and speak to a lawyer.
Do I Have The Right To Film?
You have the right to film immigration enforcements in public, no matter what your citizenship status is, as long as you don’t interfere. Comply with orders like “back up.”
How do I stay safe? Remain calm and quiet! Be transparent that you are filming and don’t make sudden movements.
Lock your phone with at least a 6 digit passcode instead of face or touch ID, and consider automatically backing up footage with cloud services.
What should I film? Stay focused on agents instead of civilians.
Film details like badges/uniforms, license plates, weapons, warrants, property damage, what agents say, and context (street signs, landmarks, buildings).
What should I do after I film? Don’t share right away!
For more information, download our infographic here and visit here for more guidance and resources on filming for immigrant defense.
Defending Birthright Citizenship
On January 20, 2025, President Trump issued an Executive Order purporting to end birthright citizenship. Make the Road New York is fighting back to protect this important constitutional right for our members and communities.
** The order has been challenged in federal court and is currently blocked by a court order! **
What is birthright citizenship?
Birthright citizenship is the right of anyone born in a country to claim citizenship there. The United States of America (U.S.), Canada, and many Latin American countries offer birthright citizenship to anyone born in the country. That means a child born in the U.S. is a citizen regardless of their parents’ immigration status.
What did Trump announce and whom will it impact?
On his first day in office, President Trump issued an Executive Order directing an end to birthright citizenship. Under the Order, the following people will not be able to claim U.S. citizenship:
- Babies born in the U.S. on or after Feb. 19, 2025 and
- Who do not have at least one parent who is a U.S. citizen or Lawful Permanent Resident*
*The order does not speak directly to the children of mothers with a renewable lawful status like DACA, TPS or DALE but suggests that any temporary status is not enough to result in a child having U.S. citizenship.
Warrant Poster
If ICE Stops You on The Street, You Have Rights!
- ICE can only arrest you if they have probable cause that you are in the U.S. without lawful status or are deportable.
- Do not give ICE any foreign nationality identity documents unless ICE presents a warrant signed by a judge (this is very rare).
- Do not consent to searches.
- You have the right to record.
- Plan ahead.
If you are at risk of being stopped by ICE, it is important to create a plan for yourself and your loved ones in advance. Memorize the number of a contact (partner, friend, relative) that you can call in case of an emergency. If you have an immigration attorney, memorize their number. Have a list ready of your medications, allergies, and other important details that your emergency contact can have access to in case you are arrested.
Immigrant Protestors in NYC
Immigrants, including undocumented people, have a deep history of engaging in protest in order to fight for liberation. There are many guides to know your rights when interacting with police and all should read them! But if you live in NYC and are NOT a U.S. citizen, here is some additional information, just for you:
- Do not carry foreign identity documents if you can avoid it. Take a NY Driver’s License or a NYC Municipal ID instead.
- While the NYPD should not ask about immigration status generally, they might if you are arrested. You have the right to remain silent.
- Any arrest may have serious immigration consequences, but the outcome will depend on what you are charged with, your particular immigration status, and any prior criminal record, among other things.
- If you are arrested, you will probably be finger-pointed and those fingerprints will be shared with ICE.
- The NYPD should not hold you for ICE – they can only hold people in very limited circumstances.
- If you are arrested, your criminal defense attorney has a duty to advise you regarding the immigration consequences of any conviction. Do not plead guilty to anything, even if it seems minor, if you are unsure about whether you have received good immigration advice.
Immigrant Protest: A Guide for Attorneys Advising Noncitizen Activists in NYC
Actions are a powerful tool to build community, demonstrate power through a show of numbers, and bring attention to demands.
However, engagement in protest often comes with personal risk, including for non-citizens who could face immigration enforcement as a result of contact with local law enforcement.
Lawyers providing guidance to non-citizens often overgeneralize through statements such as “all action participation is dangerous,” which can feel disempowering to non-citizens who may want to engage in protest and is disrespectful to the long history of immigrant, including undocumented, activism.
Through this project, we seek to assist attorneys in providing more detailed advice so that non-citizens can make informed choices about whether the reward is worth the risk.
Expansion of Expedited Removal: What is it, Who Does it Affect, and What are Our Rights?
The Trump administration has expanded the use of expedited removal. It is important to understand what expedited removal is – and how to be prepared.
What is expedited removal and what has changed? Expedited removal is a process by which ICE can deport people quickly, without allowing them to see an immigration judge or apply for asylum or other relief from deportation.
Until now: it was only used against people who had been in the U.S. for less than 2 weeks AND who were within 100 miles of the U.S. border (most often near the Mexican border).
Now: it can be used nationwide and can apply against anyone who has been here for less than 2 years.
Can ICE remove anyone this way? No. Many people cannot be lawfully subject to expedited removal. This includes:
- People who entered the U.S. on a visa and overstayed.
- People who have passed a fear interview already.
- People who are already in removal proceedings and have a court date before the immigration court.
- People who can show they have been present in the U.S. for more than 2 years.
- Children who entered the U.S. as an unaccompanied minor (i.e. spent time in an ORR shelter).
Stay Safe! How to Protect Yourself in a Trump Administration (Nov. 2024)
Identification documents: If your ID is expiring in the next couple of weeks, make sure that you renew it.
Gender Markers: In New York, you should update your license, state ID, and IDNYC with the gender marker that best matches your gender identity.
Utilities: To prove New York residence, it is important to have utilities under your name. This includes a cell phone bill, medical bills, bank statements, credit card statements, water, heat, electricity bills, etc.
False Documents: It is important to note that carrying false documentation such as a fake social security number or green card, can be considered fraud or identity theft, which has criminal consequences.
Foreign Passports and IDs: Avoid carrying a foreign passport or identification.
WE HAVE RIGHTS!
We Have Rights is a national immigrant empowerment campaign that will provide critical information to communities threatened by Immigration & Customs Enforcement (ICE) and engage the broader American public in an urgent conversation about immigrant justice in our country.
As anxiety rises in immigrant communities across the country and families become more vulnerable to ICE, there is an urgent need for reliable information that helps immigrant communities understand their rights as well as safe, practical steps that they can take to defend themselves during encounters with ICE.
In direct response to expressed community need, Brooklyn Defender Services (BDS) has joined forces with ACLU National and MediaTank Productions to create and distribute a series of powerful and informative videos based on true stories to provide real life action points for what to do when ICE is outside our doors, is in our homes, stops us in our communities, and/or arrests us.
All four videos are available in 7 languages: English, Spanish, Arabic, Mandarin, Russian, Haitian Creole and Urdu
The videos are voiced by an all-star cast of influencers and activists, including: Jesse Williams (English), Diane Guerrero (Spanish), Kumail Nanjiani (Urdu), Linda Sarsour (Arabic), Edwidge Danticat (Haitian Creole) and Katya Lee (Russian).
JOIN THE FIGHT
On November 9th, more than 5,000 New Yorkers shut down Sixth Avenue loudly proclaiming that we will protect our freedoms, our families, and our futures.
New Yorkers are ready to fight back against racist, misogynistic, anti-trans, and anti-immigrant policies.
It is now up to us to protect the people we love. Join our movement, and support a local organization fighting for the respect and dignity of our communities.