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Targets of ICE May Be Getting Dangerous Advice

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Well-Meaning Aid Groups Are Providing Unrealistic Suggestions

WASHINGTON - TelAve -- With ICE and other federal agencies conducting massive raids ("targeted enforcement efforts") in Chicago and elsewhere, largely targeting Spanish-speaking groups, those who are not violent criminals need the best advice they can get to protect their rights to avoid being swept up as "collateral detainees."

But the advice they apparently are receiving from well-meaning organizations may not be realistic under the circumstances, and may result in many who follow it being deported, says public interest law professor John Banzhaf.

For example, some advocacy groups are suggesting (https://www.ktvu.com/news/immigration-resource-...) that, if agents come to the door demanding entry and claim to have a warrant, residents inside should ask that the document be slipped under the door for their inspection.

But, in many cases, ICE officials will have only an administrative deportation order which does not require that they be granted entry, rather than a true arrest warrant.  To be valid, an arrest warrant must be signed by a judge, and also include the suspect's correct name, address, and date of birth.

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He also points out that asking people who are terrified of deportation, not legally sophisticated, and who might have only limited fluency in English (much less legalize) to tell the difference between a deportation order and a valid arrest warrant, especially if ICE agents try to misrepresent the document, may not be very effective, and could jeopardize their rights and lead to serious consequences.

So simply putting up posters reading 'DON'T OPEN FOR ICE," as some groups (https://www.foxnews.com/us/busy-chicago-district-known-mexico-midwest-turns-ghost-town-fears-ice-raids-loom) are doing in Chicago, is not likely to be very effective by itself, says Banzhaf, especially if ICE agents misrepresent themselves or their legal authority.  More detailed posters (https://x.com/ProfBanzhaf/status/1882631061571825817) aren't much better, he argues.

Another organization (https://uribeaplc.com/immigration-detention/) suggests that possible targets shout through the door a long (99-word) statement of their rights.

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But making such a lengthy and very legalistic statement through a door, even assuming that terrified occupants can correctly read and pronounce all the words, is unlikely to have any effect in a real situation, especially since the agents can easily claim they didn't hear it or misunderstand it.

A much safer tactic for at risk families is simply to say nothing when an unfamiliar voice knocks, not even confirming to the agents that anyone is at home, rather than trying to determine for themselves the validity of any legalistic document which might be slipped under the door, suggests Banzhaf.

Indeed, says Banzhaf, regardless of the circumstances, those approached by ICE agents should say nothing at all, even though advocacy groups have suggested that they should formally announce that they are "pleading the fifth amendment and choosing to remain silent."

http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf

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Source: Public Interest Law Professor John Banzhaf

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