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Unauthorized U.S. Immigrants: Dos and Don'ts

Writer's picture: @ Cynthia Adina Kirkwood@ Cynthia Adina Kirkwood

Updated: 2 days ago

Red "Know Your Rights" cards have been distributed at Los Angeles Unified School District and throughout the country. They advise people on how to deal with immigration officers: Don't open the door. Don't answer any questions. Don't sign anything. Show this card to the agent.

If you're outside your home, ask the agent if you're free to go and, if so, walk away calmly. The card pictured is in Spanish, but the artwork for making them in 18 languages is available from the Immigrant Legal Resource Center. Due to unprecedented demand, the center has closed temporarily requests from non-profit groups for free cards. (Photo by Andrew Lopez, Boyle Heights Beat, Pulso de Boyle Heights)

 

A total of 899 Belizeans, 360 Portuguese and 1,157 from the United Kingdom are included on a list of 1.4 million noncitizens from 207 countries on Immigration and Customs Enforcement’s non-detained docket with final orders of removal.


Fox News reported, on December 11, 2024, that it obtained the list from Immigration and Customs Enforcement. As of November 24, 2024, the list showed 1,445,549 noncitizens on Immigration and Customs Enforcement’s non-detained docket with final orders of removal. The list does not seem to be corroborated by another major media outlet, and there is concern of Caribbean leaders that misinformation is being spread on social media about numbers of non-detainees, reported The Guardian (February 11).


In the meantime, unauthorized immigrants in the United States should become informed of their rights and legal status as President Donald Trump's new regime aggressively attempts to increase its immigration arrests, said legal experts.


The top countries of nationals on the list of final orders of removal are Honduras (261,651); Guatemala (253,413); Mexico (252,044), and El Salvador (203,822). (The entire list is below.)


Mexico has long been and remains the most common country of birth for unauthorized immigrants, reported Pew Research Center (July 22, 2024). In 2022, the number from Mexico was 4 million followed by El Salvador (750,000); India (725,000); Guatemala (675,000), and Honduras (525,000).


The total unauthorized immigrant population in the United States grew to 11 million in 2022, according to new Pew Research Center estimates based on the 2022 American Community Survey, the most recent year available. The increase from 10.5 million in 2021 reversed a long-term downward trend from 2007 to 2019. This is the first sustained increase in the unauthorized immigrant population since the period from 2005 to 2007.


However, the number of unauthorized immigrants living in the U.S. in 2022 was still below the peak of 12.2 million in 2007.


Constitutional Rights


On XTV-Belize's Navel String Connection, hosts Aria Lightfoot and Bilal Morris discussed the issue with immigration lawyer Devon King, who is in New York, and business attorney Rishma Eckert, who is in Florida, and who had practiced immigration law 10 years ago. 


"(Unauthorized) immigrants have certain constitutional rights. If (Immigration and Customs Enforcement) knocks on your door, you don't have to answer unless (officers) have a warrant signed by a judge. If they tell you they have a warrant, ask them to slide it under the door or hold it up to a window. Check that the name and address are correct, and that it is signed by a judge," said Devon King, who is a Guyana native and naturalized U.S. citizen.


The National Immigration Law Center cautioned on its website: "(Immigration and Customs Enforcement) will often trick you into giving consent by saying they are investigating a crime or need to 'take a quick look around' or 'come in to talk.'"


King said: "Say out loud, 'I have the right to be silent.' Ask for a list of pro bono attorneys (those donating their work for the public good). They have a list."


You are not legally obligated to sign anything.


Don't run from Immigration and Customs Enforcement officers, said King. If you do so, during consequent legal proceedings, you would be considered a flight risk and unable to post bail. Don't provide any false documents, including identification, or claim to be a U.S. citizen. Both are "the kiss of death" in the immigration process.


Your Immigration "A-File"


Know your legal status.


Some may not know that they are subject to the final order of removal from the United States. An order of removal can be issued if you have had a full hearing with a judge and been denied relief, failure to keep a court date, the appeal process has been exhausted, or you have used false documents.


"A (court) order could have been issued without your knowledge. It may have been sent to you, but you never received it, maybe, because you moved."


How do you find out?


The Department of Homeland Security (DHS) keeps an immigration file (also known as an “A-file”) on all immigrants with whom it comes into contact. Any person, regardless of immigration status, is entitled under the Freedom of Information Act (FOIA) to request a copy of their immigration records from any of the DHS components, which are many.


The most important components for immigration purposes are the U.S. Citizenship and Immigration Services; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement, and U.S. Office of Biometrics Identity Management, formerly U.S. Visitor and Immigration Status Indicator Technology. There are several other DHS components that may be of interest to practitioners, depending on the purpose of their FOIA request, including the Office of Civil Rights and Civil Liberties, and the Office of the Inspector General.


Attorney King recommended that an immigration lawyer make the FOIA request.


"An FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative," according to Immigrant Legal Resource Center's A Step-by-Step Guide to Completing FOIA Requests With DHS (September 2020).


"There are many reasons a person may want to see documents that the government has. When the person is applying for an immigration benefit or fighting removal, it is not only helpful, but also often critical to the success of the person’s case to have a copy of certain documents. For example, the person might need to see a paper trail of their previous immigration history to help piece together what happened, assess risks of applying for benefits, and determine what relief might be possible."


Beware of Scammers


Both attorney King and business lawyer Rishma Eckert, a native of Belize and Guyana, warned about potential scammers who prey on the vulnerable. King said that a list of lawyers should be available at the clerk's window at immigration court. He added Catholic Charities USA as a resource.


In choosing legal representation, there are several red flags, according to the non-profit organization ImmigrationHelp. Avoid lawyers who approach you at immigration offices. Avoid people who are not lawyers but claim to be experts as a "visa consultant", "notario", or "petition preparer". Avoid lawyers who provide unethical or illegal advice. Be careful of lawyers making unrealistic promises, claiming a 100 percent success rate or guaranteeing a successful outcome.


King urged people to seek legal help in a professional manner and not expect a quick "cookie-cutter" solution. Every situation is different.


"Sanctuary Cities"


U.S. officials have said that Immigration and Customs Enforcement will concentrate its operations in "sanctuary cities", reported The Washington Post (January 28).


"Sanctuary city" does not have a precise legal definition.


A spectrum of practices can be interpreted as sanctuary policies. However, most sanctuary jurisdictions do not allow local jails to hold immigrants accused of committing crimes beyond their allotted time or hand them over to Immigration and Customs Enforcement custody. Other communities bar local police from inquiring about immigration status during arrests.


The movement in the United States began in the 1980s to challenge the U.S. government's refusal to grant asylum to certain Central American refugees. These asylum seekers were arriving from countries, such as El Salvador and Guatemala, whose political instability had been caused partly by U.S. intervention.


The Federation for American Immigration Reform counted 564 states and municipalities which refuse some level of cooperation with federal immigration authorities as of April 1, 2018, up more than 200 since President Trump first took office and up more than 500 compared with a decade ago, reported The Washington Times (May 10, 2018). There were just 40 sanctuaries when President Barack Obama took office.


California, for example, is a sanctuary state. What does that mean?


"The sanctuary law does not actually refer to a place or territory where immigrants can seek protection. Living in California alone does not shield someone from deportation.

Instead, the law clarifies what state and local law enforcement in California can and cannot do with regard to immigration. For example, the law says that local police cannot detain or keep someone in custody more than 48 hours past their release date just for immigration officials to pick them up," according to Cal Matters (January 28). 


Trump has threatened to withhold federal funding from these state, county and city-level governments if they "interfere" in federal law enforcement operations. The administration directed U.S. attorneys to investigate and consider prosecuting any local official who gets in the way of federal officers carrying out Trump's mass deportation plans.


Also, the Trump administration rescinded a policy which prohibited immigration agents from making arrests in sensitive areas such as schools, churches and hospitals, reported the National Immigration Law Center.


L.A. School's Alberto Carvalho, Others Fight Back


Some government bodies are fighting back by exploring ways to extend legal protection to residents. California state legislators, for example, have put forward two Assembly bills that would curtail immigration agents' access to schools, reported the Los Angeles Times (January 7).


Also, Alberto M. Carvalho, Superintendent of the Los Angeles Unified School District, composed of more than half a million students, vowed to protect the children in the second-largest district in the country. Immigrants make up about a third of Los Angeles’ population. Carvalho, himself, arrived in New York in 1982 as an unaccompanied minor, at 17, from Portugal and was without legal authorization for several years after overstaying his visa.


"I want to be absolutely certain that everyone hears us loudly and clearly," said Carvalho, during the school district's board meeting this week, reported the San Fernando Sun (January 29). "Our schools are protected ground, period. This board and this administration shall not waver from our commitment, regardless of threat, insinuation, indictment or accusation."


"We shall not allow a federal entity to go into our schools to take action specific to immigration," said Carvalho, who took over the helm of the Los Angeles school district in February 2022. "I have a moral and professional responsibility to care for these kids and their families."


It is not the first time that the Lisbon native has stood up to immigration enforcement.


Under his 13-year watch at the Miami-Dade School District, he helped prevent the imminent deportation of a high school valedictorian to Colombia. “You will be deported over my dead body," he told her in a classroom, repeating his vow on television and broadening it to include all his students, reported Education Week (April 11, 2017).


In Los Angeles, the schools superintendent said that the district has trained administrators, teachers and staff in how to respond to federal agencies or officials seeking information or trying to enter a school, reported the San Fernando Sun.


In November 2024, the Los Angeles Unified School District Board reaffirmed a 2017 resolution identifying the district as a “sanctuary district and safe zone for families threatened by immigration enforcement.” 


Also, the “LA Unified 2025: We Are One” website offers information on how to create a family preparedness plan; how to obtain red "Know Your Rights" cards; a 40-page resource guide, and other information.


Reach Out to Immigration Lawyer


There were notes with the list of those on the non-detained docket with final orders of removal, including the following:


"Noncitizens may pursue a form of relief or protection from removal, which may include asylum, withholding of removal, or protection under the Convention Against Torture. If a noncitizen is granted any form of relief from removal, (Immigration and Customs Enforcement) is unable to effectuate the removal.


"Additionally, (Immigration and Customs Enforcement) works to remove undocumented noncitizens from the United States once they are subject to final orders of removal in a timely manner. . . . Lack of cooperation from countries in accepting the return of their nationals may lead to (Immigration and Customs Enforcement) classifying those countries as uncooperative or at risk of non-compliance.


"Currently, (Immigration and Customs Enforcement) considers 15 countries to be uncooperative: Bhutan; Burma; Cuba; Democratic Republic of the Congo; Eritrea; Ethiopia; Hong Kong; India; Iran; Laos; Pakistan; People's Republic of China; Russia; Somalia, and Venezuela.


"(Immigration and Customs Enforcement) considers 11 countries to be at risk of non-compliance: Bosnia-Herzegovina; Burkina Faso; Cambodia; Gabon; Gambia; Iraq; Jamaica; Nicaragua; South Sudan; St. Lucia, and Vietnam."


Attorney King said: "Even if people are on the list, there could be something that could be done. Nothing is ever clear-cut in immigration. If you find that you're in that situation, reach out to an immigration lawyer."


The Countries and Numbers


From the Caribbean and Latin America, besides Belize (889), Honduras (261,651), Guatemala (253,413), Mexico (252,044) and El Salvador (203,822), others listed were Antigua-Barbuda (110); Argentina (1,148); Aruba (2); Bahamas (426); Barbados (151); Bermuda (10); Bolivia (1,366); Brazil (38,677); British Virgin Islands (5); Cayman Islands (2); Chile (1,137); Colombia (27,388); Costa Rica (2,116); Cuba (42,084); Dominica (104); Dominican Republic !2,699); Ecuador (31,352); French Guiana (6); Grenada (149); Guadeloupe (12); Guyana (1,236); Haiti (32,363); Jamaica (5,120); Montserrat (8); Netherlands Antilles (6); Nicaragua (45,995); Panama (662); Paraguay (297); Peru (13,769); St. Kitts-Nevis (68); St. Lucia (202); St. Vincent-Grenadines (127); Suriname (137); Trinidad and Tobago (1,197); Turks and Caicos Islands (25); Uruguay (365), and Venezuela (22,749).


Besides Portugal (360), all six PALOP (Portuguese-speaking African) nations also made the list: Angola (662); Cape Verde (314); Guinea-Bissau (48); Mozambique (14); São Tomé and Príncipe (1), and Equatorial Guinea (20).


In the rest of Africa, the following countries were listed: Algeria (306); Benin (102); Botswana (12); Burkina Faso (303); Burundi (462); Cameroon (1,736); Central African Republic (82); Chad (169); Comoros (3); Congo (795); Democratic Republic of the Congo (1,068); Djibouti (29); Egypt (1,461); Eritrea (973); Eswatini (6); Ethiopia (1,713); Gabon (60); Gambia (1,035); Ghana (3,228); Guinea (1,897); Ivory Coast (1,224); Kenya (1,282); Lesotho (11); Liberia (1,563); Libya (89); Madagascar (5); Malawi (56); Mali (929); Mauritania (3,822); Mauritius (15); Morocco (495); Namibia (19); Niger (642); Nigeria (3,690); Rwanda (338); Senegal (1,689); Seychelles (4); Sierra Leone (1,563); Somalia (4,090); South Africa (379); South Sudan (136); Sudan (1,012); Tanzania (301); Togo (427); Tunisia (160); Uganda (393); Zambia (174), and Zimbabwe (545).


In North America, besides Mexico (252,044), other listed countries were Canada (1,290) and St. Pierre and Miquelon (1).


In Oceania, the countries listed were Australia (261); Fiji (353); French Polynesia (2); Kiribati (3); Marshall Islands (39); Federated States Of Micronesia (72); New Zealand (166); Palau (8); Papua New Guinea (5); Samoa (57); Solomon Islands (3); Tonga (151); Tuvalu (1), and Vanuatu (1).


In Asia and Europe, besides Portugal (360) and the United Kingdom (1,157), the following countries were listed: Afghanistan (1,708); Albania (1,874); Armenia (2,808); Austria (60); Azerbaijan (709); Bahrain (17); Bangladesh (4,837); Belarus (323); Belgium (46); Bhutan (122); Bosnia-Herzegovina (166); Brunei (4); Bulgaria (727); Burma (Myanmar since 1989) (679); Cambodia (1,747); People's Republic of China (37,908); Croatia (126); Cyprus (14); Czech Republic (100); Czechoslovakia (254); Denmark (45); Estonia (94); Finland (22); France (402); Georgia (833); Germany (571); Greece (211); Hong Kong (122); Hungary (294); Iceland (5); India (17,940); Indonesia (4,276); Iran (2,618); Iraq (1,299); Ireland (171) and Israel (1,148).


Other countries in Europe and Asia were Italy (355); Japan (281); Jordan (1,660); Kazakhstan (369); Korea (1,229); Kosovo (118); Kuwait (146); Kyrgyzstan (319); Laos (4,850); Latvia (125); Lebanon (1,055); Liechtenstein (1); Lithuania (259); Macau (2); Malaysia (435); Malta (8); Moldova (279); Monaco (1); Mongolia (461); Montenegro (68); Nepal (1,365); Netherlands (184); North Korea (3); North Macedonia (341); Norway (39); Oman (6), and Pakistan (7,760).


The remaining countries in Asia and Europe were the Philippines (3,772); Poland (2,303); Qatar (10); Romania (4,445); Russia (3,518); San Marino (2); Saudi Arabia (337); Serbia (50); Serbia and Montenegro (64); Singapore (111); Slovakia (131); Slovenia (16); South Korea (837); Spain (364); Sri Lanka (3,065); Sweden (120); Switzerland (60); Syria (741); Taiwan (392); Tajikistan (149); Thailand (619); Turkiye (3,103); Turkmenistan (40); Ukraine (1,862); United Arab Emirates (21); USSR (dissolved in 1991) (337); Uzbekistan (975); Vietnam (8,675); Yemen (558), and Yugoslavia (845).


In addition, on the list, there were 1,451 immigrants, who were categorized as unknown nationalities.






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