This power point was developed by Jackson Chin and Jose Perez of LatinoJustice for a webinar hosted by NYIC. This subject-matter will be of great concern for the unforeseeable future given the fear and panic sweeping the nation due to Trump’s Exec. Order and DHS Kelly directives to expand ICE’s enforcement and arrests. Disclaimer: We provide this as general legal information. As legal developments and law may change, consult an attorney for legal advice suitable to one's own particular facts and circumstances. Copyright2017 - Please give credit to LatinoJustice when citing or using any part of this material. Thank you.

1. Preparing for ICE Immigration Home Raids in Trump’s America (revised 4/2017)
On how to prepare immigrant families and communities to consider
legal options for those targeted in ICE immigration arrests

2. 2
ABOUT LATINOJUSTICE PRLDEF (Justicia Latina)
• Founded in 1972 as Puerto Rican Legal Defense &
Education Fund (PRLDEF), renamed LatinoJustice PRLDEF
• A national pan-Latino non-profit non-partisan legal
defense fund
• Protecting the constitutional and civil rights of Latinos
for over 44 years
• We champion an equitable society and protect Latinos’
equal opportunities in civil society to fulfill their dreams,
and to sustain their families and communities.
Visit www.LatinoJustice.org

3. 3
AGENDA
 New DHS Memo on Enforcement (Feb. 20, 2017)
 Implements Trump Exec. Order II (Jan. 25, 2017)
 Expanding ICE enforcement
 Who are ICE Targets
 LatinoJustice’s Aguilar v. DHS-ICE (2013) settlement on
ICE conduct in raids, arrests at a person’s home
 Strategies before, during, and after an ICE home raid
 What to do when someone is arrested / detained by ICE
 Possible Legal Resources
This material is prepared and presented by
Jackson Chin, Senior Counsel
jchin@latinojustice.org

4. 4
Trump’s Executive Order and New DHS-ICE priorities
U.S. Dep't of Homeland Security (DHS) consists of CBP, ICE,
CIS, FEMA, Coast Guard, TSA, Secret Service, etc.
ICE Memo - Broadens enforcement to target non-US citizen
aliens who:
• have final criminal conviction (no pending appeal)
• have open criminal charges, even if no guilty finding
• have committed acts that can constitute chargeable crimes
• ICE agents believe pose a threat to public safety
• have engaged in fraud, misrepresentation in applications to
government,
• have “abused” public benefits, or,
• *have Orders of Removal from Immigration Court but have
not departed U.S. ("fugitives"/"absconders").
Note: "In absentia" Orders (no-shows at Immigration court hearing)

5. HIGHEST RISK
Who Is At-Risk for ICE Immigration Arrests?
5
Non-Citizens (includes, Lawful Permanent Residents) with:
•Order of Removal & Have Not Departed (“fugitive list”);
•Order of Removal for Certain Criminal Convictions;
•Prison sentences;
•Order of Removal And Re-entered U.S without permission
(“Criminal Alien”)
Undocumented immigrants who are:
•“Arriving aliens” present in U.S. less than 2 years;
•Subject to inadmissibility or removability grounds;
•Arrested and charged with certain offenses (e.g., Driving
under the influence, sexual offenses, crimes of violence,
Domestic violence, moral turpitude, Drug possession/ sales,
and, “aggravated felonies”
•With expired visas or have no permission to be in U.S.

6. 6
Vagueness of Trump Exec Order and DHS Memo
 Rhetoric and visible actions sow fear, confusion; “red-meat” for Trump’s base.
Effect: EXPANDS ICE INTERIOR ENFORCEMENT AND REMOVAL “open season”
1. EO seems to expand crime basis; unclear: -- Would “committed acts that
constitute a chargeable criminal offense” apply to anyone who entered U.S.
without inspection (EWI), overstayed visa, or violated visa conditions, or,
made improper entry? Includes, minor offenses, vehicle code violations?
-- Exception for those charged with crimes and acquitted , charges dismissed?
2. Abuse in receipt of public benefits (How can ICE agents decide? Wouldn't this
require a fraud finding made by a judge or agency?)
3. To expand reach of "Expedited Removal" to inadmissible arriving aliens (i.e.,
ICE statutory authority in limited situations to bypass Immigration Court
jurisdiction) except for unaccompanied minors, claims of credible fear of
persecution or torture
4. Restricts ICE use of parole authority for arriving aliens at borders and in
interior enforcement for limited humanitarian cases
5. On 4/11/17 AG Sessions asks USDAs for increased prosecutions based on alien
smuggling, harboring certain aliens, improper entry by alien, fraud or misuse
of visas, permits and documents
BUT Deferred Action for Childhood Arrivals (DACA ) program and its
temporary benefits, under Obama Exec. Order, unchanged, so far…

7. 7
ICE workforce to grow; Up partnerships with police
1. DHS Memo restores Secure Communities program which enhances
ICE networking with local jails and police (info-sharing alien arrestee's
fingerprints, pedigree data )
2. DHS enlists “any willing jurisdiction” and prisons into Criminal Alien
Program (CAP) for fast-track removals of incarcerated.
3. DHS revives 287(g) Program which trains and deputizes local or state
staff/police/sheriffs to identity, investigate, arrest, detain and
transport removable criminal alien suspects.
4. DHS Memo seeks hiring 15,000 new agents for enforcement (Needs
Congress to approval funding)
- Now, CBP has 59K employees; 23,000 CBP officers, 20,000 Border Patrol
agents; 328 POEs within 20 Field Offices,135 Border Patrol stations and 20
sub-stations; 35 permanent checkpoints.
- Now, ICE has 20,000 employees, 400 offices; 24 national ERO field offices;
129 teams (Nat’l Fugitive Operations Program) do mostly community arrests
- FY 2016: ICE arrests and removal actions mostly from taking custody of
criminal aliens at local enforcement institutions, not community/home raids

8. 8
ICE Prosecutorial Discretion; Issuance of NTAs
1. ICE is required to initiate removal expeditiously against
anyone “subject to removal under any provision of the
(Title 8 US Code) INA.”
2. A Notice To Appear (NTA ) is the ICE charging document
alleging INA violations to start removal proceedings at the
(EOIR) immigration courts.
3. Now, ICE “prosecutorial discretion” will be only case-by-
case basis AND requires high level review at field offices.
(ICE officers have less power to delay or stop removals…)
4. Trump Exec Order and DHS Memo revokes prior Obama
PEP “Priority Enforcement Policy” (which had focused ICE
arrests of serious criminal immigrants) and nullifies any
internal policies, rules inconsistent with new directives

9. 9
TIME
OF
DAY?
Morning
hours ?
Before
Going
To
School
or
Work?
ICE
PLAN
OF
ACTION
POSSIB
LE
SURVEI
LLANCE
?
ICE AGENTS ARRIVING AT PRIVATE HOME

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LatinoJustice’s Aguilar v. U.S. ICE: Settlement (2013)
• ICE pre-dawn home raids - Long Island, NY –
• Why an important case? To protect civil rights.
• 22 plaintiffs - $1 million damages AND
• DHS agreed to issue “National Training and Policy Memo” +
amends training manual for all its agents, per Settlement
agreement (see next slide)
DHS Training Academy (Georgia) (also called FLETC / GLYNCO)
• For Graduation, all Agents must pass Spanish Language Proficiency test, unless
otherwise waived...
• ICE Detention and Removal Operations (DRO) Agent Training, requires "DRO
Spanish Language Training Program" (5 weeks).
• "Basic Immigration Law Enforcement Training Program -ICE-D" (13 weeks).

11. 11
Aguilar v ICE settlement – Part 2
• LatinoJustice’s settlement improves DHS
enforcement staff training -
• By requiring Agents to:
o Obtain Consent before entering home and curtilage
o Enter a home but have one or more Spanish-speaking
ICE agents if targets in home raid are from Spanish-
speaking country, “whenever feasible” and,
o Limit the use of protective sweeps only if a
reasonable, articulable suspicion of danger exists
inside home.

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U.
S.
C
o
n
s
t
I
t
u
t
I
o
n
ICE REQUIRED TO GET CONSENT TO ENTER A HOME
- 4th Amendment
• 4th Amendment protects all persons (including non-
citizens, undocumented) from unreasonable searches
and seizures of “protected interests” by government
agents.
• ICE must get consent to enter a home or its curtilage
where a “reasonable expectation of privacy” (REP) exists.
• REP places are where one expects that a place or thing
will remain free from government intrusion; and,
• Society has privacy expectation which is reasonable.
Kyllo v. U.S., 533 U.S. 27, 44 (2001)
Immigration regulations on agents making arrests, see, 8 C.F.R. 287.8(f) et al.

13. 13
U.S
.
Co
nst
itui
on
–
4th
Am
en
dm
ent
–
Cri
mi
nal
S+
S
Reasonable Expectation of Privacy (REP)
Privacy Expectation Found No Privacy Expectation
1. In the home;
2. On your person;
3. In curtilage area;
4. Private
communications;
5. Closed containers such
as briefcases, back
packs, luggage, sealed
packages (not in plain-view)
REP? Does basement have a separate
entry? Gives access to main home,
other rooms?
1. Areas in open or partial
view;
2. Open fields;
3. Overheard conversations;
4. Abandoned property
5. Squatters on private
property; and
6. Trash
7. A home’s door left open or ajar.
8. Vehicle glove compartment

14. 14
What’s the Curtilage? Can I Make One?
 Curtilage - the physical area immediately around a house, usually
fully enclosed, used in the daily activities of domestic life. Florida v.
Jardines, 133 S. Ct. 1409, 1414 (2013) (front porch…and area immediately
surrounding and associated with the home)
 ICE agents must obtain consent to enter curtilage.
 If this area is not fully covered or lets strangers come in, has visible
gaps, then cover it!
NOTE: Four (EDEN) factors used to identify the curtilage area:
 Enclosure surrounding the home;
 Distance of the area claimed to be the curtilage from the home;
 Efforts taken by the resident to protect the area from observation
by people passing by; and
 Nature of the use to which the area is put.
U.S. v. Dunn, 480 U.S. 294 (1987); U.S. v. Hayes, 551 F.3d 138, 146 (2d Cir. 2008)

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Consent vs. Coercion
• Teach Your Family and Community
• Constitutional Right to (Withhold) Consent on Home
Entry; a key to home protection. Don’t waive it.
• ICE agents should communicate in the native language of
the resident or be available to communicate in Spanish.
• Was consent refused? “Consent” obtained by coercion?
• Coercion could be based on factors such as, pushing,
kicking a door open, breaking locks or windows, or, using
other forceful or intimidating tactics. Physical threats?
Display of weapons or having guns drawn?
U.S. v. Mendenhall, 446 U.S. 544, 554 (1980)

16. 16
Trickery and Deceit
• Immigration agents are not prohibited from
using trickery to gain entry into a home to
make an arrest. ("ruse")
• ICE agents can pretend to be local police **, mail
delivery people, sales-persons, utility services, etc.,
• May create false emergencies and use pretexts
**Los Angeles Mayor and City Council officials wrote DHS Secretary to
criticize ICE agents‘ practice of announcing themselves as "Police"
when encountering the public which leads to undermining public
safety and trust / cooperation with LAPD by immigrant residents (Los
Angeles Times, Feb. 2017). (However, this practice is not illegal.)

17. 17
Arrest (Criminal warrants)
Criminal Warrants are used to enforce criminal laws.
Law enforcement (Local police, DEA, FBI, etc.) can conduct
Searches and Seizures of a home with a valid warrant
•Approved and signed by Magistrate or Judge;
•Probable cause standard
•Has affidavit specifying place to be searched and items or
person to be seized.

18. 18
Administrative Warrants (Civil)
 Administrative warrants are used to enforce civil
administrative laws and ordinances (e.g. ICE, EPA, local-state
health, zoning, housing inspectors, etc.)
 Immigration laws are civil in nature (except where alien was
ordered removed by a judge and re-enters U.S. without
permission, thus, becoming a “criminal alien”)
 An ICE knock-warrant is only signed by a supervising ICE
official, giving ICE agent authorization to arrest an immigrant
who has committed immigration violations.
 Often, ICE agents have no warrant but pretend to have one.
IMPORTANT: Administrative warrants do NOT grant entry
into a home unless occupant gives consent.
Olivia-Ramos v. U.S., 694 F.3d 259, 265 (3rd
Cir. 2012) ; Illinois Migrant Council v. Pilliod, 531
F. Supp. 1011 (N.D. III. 1982)

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ICE Arrests at Home, Or, In Public Places
 ICE agent must obtain consent to enter the home to make
a proper arrest of persons in the home
 ICE agents may conduct surveillance before making arrest.
 ICE operations often will inform local police.
 More ICE may avoid the need to gain consent into a home;
by lying in wait outside one’s home or workplace to catch the
person getting ready to travel to work, school, shopping, etc.
 "Collateral arrests" (not original primary targets)
 Keep in mind: ICE immigration officers can ask any
questions, and may make arrests in a public area, such as, a
public park, bus station, public transport, shopping mall, port
of entry, border zone, or sidewalk – where there is no REP.
If approached, stay calm. Say nothing about your alienage –
e.g., birthplace, how you entered the U.S., any visa used, or
your nationality. If you do, ICE arrests can be made.

20. 20
When ICE comes knocking at your door...
 IF ICE KNOCKS ON YOUR DOOR. Stay calm. Stay quiet.
Do NOT open the door. Act as if no one is home.
 IF ICE ASKS TO COME IN. You have the right to say “NO!
You can NOT come in.” "I want to see a warrant."
 MOST PRACTICAL— Hide and wait it out. Do NOT open
the door. (Depends on time of day and life scenarios)
 NOTE: ICE Imposters, Vigilantes, Opportunism

21. 21
What happens if ICE gets inside
ICE agents will try to find all occupants inside, round them up into one
place, frisk for any dangerous weapons, etc.
Do not run. If ICE is let inside, ICE NEEDS CONSENT BEFORE CONDUCTING
A SEARCH OF THE PREMISES. The occupant, who gives consent, must be
someone with actual or apparent authority to give consent, including,
even a guest who is there in the absence of the owner.
ICE agents will demand to see ID documents, e.g., passports, other ID,
for each person. Do nothing. YOU HAVE A RIGHT TO STAY SILENT.
*** DO NOT SHOW FALSE DOCUMENTS. If found in a wallet or is shown,
this evidence can be seized by ICE.
Info on one's name, birthplace or country of origin can be used by ICE to
find alienage. Then this situation shifts the legal burden to the immigrant
to show one has legal presence in the U.S. Failure to prove one’s legal
presence allows ICE to arrest the person.

22. 22
Who can give consent to ICE?
 Certain persons can authorize consent to enter a home:
• Spouse (But, spouse can revoke consent made by other);
• Children / Youth (of sufficient age and maturity);
• Other present tenants, roommates;
• Co-habitants with control and use of the common area.
Georgia v. Randolph, 547 U.S. 103, 116 (2006); Illinois v Rodriguez, 497 U.S. 177, 181 (1990)
(ROLE PLAY) Withhold consent as best policy for protection.
Loudly say: “You have no permission to enter” /“No doy
permiso para que entran.”

23. 23
Limiting and Revoking One’s Consent
You can limit the scope of search and one’s consent:
 Limit what part of the residence, private areas, and things,
and to certain areas.
 Limit consent to search some personal things.
Consent given can also be revoked at any time.
 For example, if an agent is walking around the home and
intruding into locked rooms, closets, or, making search of
personal items and private areas, loudly state:
“Stop, you cannot go there. I do NOT permit you searching
there. I do NOT consent. Do not touch that. “
“Now, leave my house !”

24. 24
After ICE Enters: Protective Sweeps
 An agent can conduct a protective sweep after entering
the home only if ICE agent has a reasonable and
articulable suspicion of danger.
See, Maryland v. Buie, 494 U.S. 325 (1990)
 ICE agent must have a reasonable belief that the full
search is necessary to protect the safety of agent(s) or
others from direct or imminent harm.

25. 25
ICE Entry into the home: 5th
Amendment
 The United States Constitution protects all persons,
including noncitizens and undocumented, with a right against
self-incrimination. (So, keep silent when asked questions.)
 Admissions must be made knowingly and voluntarily.
 People get nervous when questioned by authority figures.
But, one can use their rights to protect themselves simply
by keeping silent.
 Say nothing about your place or country of birth. Once ICE
knows about one’s alienage, and, you cannot prove you have
legal permission or a visa to be in the U.S. ICE can further
investigate and then make an arrest. ICE will take you in for
fingerprinting and further processing to initiate removal
proceedings.

26. 26
ICE Enters the Home: Right to Remain Silent
 A person (suspect) may be legally required to disclose his
or her real name, if asked by law enforcement officers,
but can remain silent as to other questions.
 When a law enforcement agent asks questions, a proper
response is, “I wish to remain silent…. (I’m not talking
until I can see a lawyer.” )

27. 27
During / After ICE Raids - Extracting Information
ICE tactics:
• Repetitive threats, semi-coercive; Ruses; restraints,
Physical isolation. Holding back on food, water, medicine.
"Good cop-bad cop". Using fear and anxiety… Fear of family
separation.
Signing documents:
• Do NOT sign documents at or after the ICE arrest. Speak with a lawyer.
• Are documents in the language of the arrestee? Literacy level?
• Coercion used to force someone to sign is a violation…
• Documents may seek agreement to self-deport (to expedite removal),
give up procedural or other rights, or, to make admissions.

28. 28
ICE home raid: Record interaction
For witnesses, onlookers and home occupant of targeted raid:
- Record the ICE actions by using cell phone’s Voice Memos or
a camera. Save this information file.
- Audio-video evidence may show if consent was given, or,
if coercive tactics were used to enter one’s home. This can
later be used in immigration court, civil rights cases.
- The following smartphone application records arrest events.
Upload from:
www.aclu.org/feature/aclu-apps-record-
police-conduct

29. 29
ICE enters the home: The Agents
 Remember facts about how ICE incident took place:
 How many agents? Their appearance? Date/time of
incident? What was said? Threats used?
 Ask for full names of ICE agents (especially if misconduct)
 Before search or arrest, raise safety concerns if children,
infirm, elderly or disabled are inside the home. (But be
silent about anyone’s alienage, except if US citizens)
 Non-detained can offer to get clothes, personal items,
and medication if arrestee is being placed into ICE custody.
Agents are not required to bring personal items for the
convenience or comfort of arrestees / detainees.

30. 30
Before ICE Comes to you: Are you in their system?
FIND OUT! Do you have a final Order of Removal?
The Executive Office for Immigration Review (EOIR) phone
system lets immigrants and others readily access information
about their court case, in Spanish and English.
Dial 1-240-314-1500 or 1-800-898-7180
 24/7 automated line. No one will ask whose calling it.
 You must have nine-digit Alien Registration number (A-
Number) of person you are looking into for court case
information. ( A-number is given to one who had contact or
filed papers with DHS / CIS/ ICE.)
 If the name and A # do not come up, it’s not likely the
person was ordered deported by a judge in the past 15 years.

31. An Order of Removal is
reviewable by immigration judge
by filing a Motion to reopen
-In absencia (failure to appear in court) orders:
Was there a justified emergency condition
preventing one’s court appearance? Was the
lawyer at fault (“ineffective assistance of
counsel”) ? Was the court notice not
properly mailed or served? Other serious
reasons to reopen this case.
Also, in very limited cases, filing a “motion to
stay (suspend) a removal order” is possible.
31

32. 32
Before the raid: Readiness / Home preparation
• Understand basic immigration relief via www.immi.org
(Screen yourself for basic eligibility on key immigration law.
Uses yes and no questions. Free and confidential)
• Prepare “emergency plan” / set aside funds if family member
is arrested / detained by ICE
• for immigration court bond hearing/ rehearing,
• to travel or to hire a lawyer
• review options to set up electronic banking
• Memorize key phone numbers (cellphones
taken)
• Temporary Guardianship or Parental Directives for
giving care to children under age 18

33. 33
Planning Ahead - Material and Psychological
Prepare a “Safety Plan” before an ICE raid occurs.
•Discuss with family and trusted friends. Similar to disaster
planning, agree on “what to do” contingencies.
• Locate “sanctuary” safe spaces, such as, a church or
trusted friend’s home, meeting place, or, some temporary
shelter.
• Setup a “Buddy system”friends or family who can text or
phone you if one can be detained. Who can children contact if
a parent is missing or did not come to school..?
• Carry "I do not consent. I will stay silent” palm cards.
• Download a free program for cellphones to set up group
messaging to family and friends for urgent situations; go to
http://Notifica.US

34. 34
Before the raid: ID Documents and Lawyers
• Safeguard key identity documents. Store originals in a safe
place. Make one or two sets of photocopies to be kept outside
of the home. Scan into PDF and store on online / “cloud”
account for safe remote access…
• Tell trusted family or friends where and how documents can
be accessed, if needed to give to lawyer should a person is
detained.
• Hire a lawyer or find an immigration law clinic familiar with
deportation defense who may be willing to represent you in
the event you are arrested or detained by ICE.
• Memorize important names and phone numbers.
NOTE: ICE claims it will honor its "sensitive locations“ policy
to avoid making arrests “at or near” schools, childcare centers,
hospitals, universities, weddings, funerals, places of worship,
if it can. (CBP 01/16/2013 Aguilar Memo)

35. WARNING
Information shared
on social media (Facebook,
Twitter, other online chatrooms, emails)
could be used against a person to arrest you, detain you, put
you in fast-track deportation or regular deportation
proceedings, or to stop you from getting immigration benefits,
such as a green card…
See, full article here -
http://www.nationalimmigrationproject.org/PDFs/community/2017_03A
pr_comm-adv-social.pdf
35

36. 36
During the ICE raid: Medication and Minor Children
•Know your prescription medications. Inform ICE of any
chronic medical conditions that exist. Carry a list of doctor’s
contact information and names and doses of medications.
•Child Plans. Consider short term and long term-care for
children in the event one gets detained. Planning includes
updating emergency contact info at schools, deciding who
should get temporary guardianship custody, in the event the
parent is detained.
• Pregnancy or Other Health Conditions. Tell ICE agents if
you have a special health condition as you are being arrested
or physically handled, restrained.

37. 37
Before the raid: Discuss legal strategies
If no Order of removal exists for you or family members,
check www.IMMI.org internet program; see an
immigration attorney about possible forms of relief,
including:
• Applications for Asylum / CAT if there is a credible fear of
violence, persecution or torture if forcibly returned home.
• Family petitions / Marriages / “Immediate Relative” visa.
• Cancellation of Removal
• Undocumented immigrants in U.S. over 10 years
• Legal Permanent Residents with certain criminal
convictions

38. 38
Before the raid: Discuss Legal Strategies
• Undocumented persons involved in civil or labor rights
litigation with active cases may ask ICE for permission to
remain non-detained in the US pending completion of
litigation.
• Pending S, T, and U visa eligibility; or, TPS temporary status.
• Survivors of domestic violence, e.g., at the hands of a male
partner in Guatemala may qualify to seek asylum relief.
• Undocumented widow/widowers of U.S. Citizens
• Negotiate with U.S. ICE attorney or ICE-ERO removal officer
to delay filing NTA if special circumstances exist
(pregnancy, children who require daily care, etc.)

39. 39
After the ICE raid: Locating a detainee
 US ICE Online Detainee Locator lets public find someone
known to be in ICE custody via its webpage engine
https://locator.ice.gov/odls/homePage.do
(or, check www.ice.gov/field-operations)
 To search and locate a detainee, one must have Alien’s
name, A# number and country of birth; or
 Search by person's First and Last name, and, date of birth
 Or, call ICE’s detention line at 1-888-351-4024 daytime.
 Or, contact local office of DHS-ICE Detention and Removal
Operations for a deportation officer (www.ICE.gov)

40. 40
During or After the ICE raid: Report it!
 Report ICE raids to the United We Dream
National Hotline: 1-844-363-1423
• This group attempts to monitor ICE activity in real-time
(i.e. raids, checkpoints, ICE in public places);
• Callers may get basic rights and referral info to local
organizations or legal services in their area.

41. 41
After raid: Possible Options –
Immigration Court - Suppression Motions
• In removal proceedings before the Immigration Judge, one may have 4th
and 5th
Amendment-type defenses. Possible case dismissal. Talk to your lawyer.
• At the Master Calendar hearing, Respondent / alien must not admit to NTA’s
inadmissibility charges. This forces ICE to prove its case.
• A Suppression Motion can impact the admissibility or weight of evidence presented
by ICE. One can ask to subpoena ICE agent(s) for cross-examination.
• Respondent has burden to prove egregiousness of ICE misconduct . INS v. Lopez-
Mendoza, 468 U.S. 1032 (1984) ; Oliva-Ramos v. Attorney General, 694 F.3d 259 (3rd
Cir. 2012)
• ICE agents prepare the I-213 Record of Deportability (e.g. alien's admissions on
alienage, hearsay from third parties, etc. )
• In a Suppression hearing. Immigration judge weighs whether ICE used coercion , if
facts are unreliable, untrustworthy, fair to justify excluding Government's
evidence. Matter of Toro, 17 I&N. Dec. 340, 343 (BIA 1980); Matter of Barcenas, 22 I&N Dec. 784 (BIA
1988); Cotzojay v Holder 725 F.3d 172 (2d Cir. 2012
• Immigrant respondent and witnesses can testify about circumstances in the ICE
home raid operation, and, whether warrantless search and seizures occurred:
• Was entry forced? Broken doors, locks? How did officers obtain information?
Threats used? Was only English spoken to obtain consent?
• Were weapons drawn and pointed? Unconscionable conduct?

42. 42
After the raid: Legal Strategies –
Habeas Corpus (U.S. Constitution, Art. 1, §9)
• To contest being put “in custody” 28 U.S.C. 2241(c)(3)
Rumsfeld v. Padilla, 542 U.S. 426 (2004) (in some cases, one
need not be physically detained) one may file a Habeas Corpus
Petition after order of removal is final.
• File A Petition with the U.S. District Court. $5 court filing fee.
Deadlines exist. 28 U.S.C.2244(d). This is complex and
intensive.
• Possible grounds to challenge “custody”: “prolonged” detention,
lack of immigration bond, excessively high bond, and,
constitutional grounds. Clark v. Martinez, 543 U.S. 372 (2005).
• Detainees may be transferred far from their residence or arrest
location. The location where the person is “in custody”
determines where to file a petition and against which officials
and agencies to name as defendants in the petition.

43. 43
After the raid: Legal Resources -
Outside New York City:
• www.ImmigrationLawHelp.org
• NYS New Americans Hotline 1-800-566-7636
• (Albany) Upstate New York Immigration Law Project: (518) 462-6765;
Toll-free: 1-800-963-5604
• (Buffalo) Journey’s End Refugee Services: (716) 882-4963
• (Buffalo) Erie County Bar Association (716) 852-8687
• Rochester Legal Aid Society – Immigration Program: (585) 232-4090
• (Syracuse) Hiscock Legal Aid Society – Immigration: (315) 422-8191
• Immigration Law Clinics - Albany Law, Brooklyn Law, Buffalo Law, Cornell Law,
Cardoza Law, Fordham Law, Hofstra Law, NYU Law, NYLS Safe Passage Project
(unaccompanied minors); Pace Law, St. John’s Law, Yale Law, Touro Law, American
Univ.-DC Immig. Justice Center; Centerforimmigrantsr@pennstatelaw.psu.edu
• www.immigrationadvocates.org/nonprofit/legaldirectory/
• AILA.org American Immigration Lawyers Ass'n - Local Chapters

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After the raid: Which legal aid groups to call?
New York City (* provides help to resident immigrant with criminal issues)
• The Legal Aid Society – ICE Raid Hotline: (844) 955-3425
• NYLAG: (212) 613-5000
• * Immigrant Defense Project (IDP): (212) 725-6422
• * Brooklyn Defender Services: (718) 254-0700
• * The Bronx Defenders: (718) 838-7878
• * Queens Law Associates: (718) 261-3047
• Catholic Charities Immigration Services: (212) 419-3700
• CALA (Central American Legal Assistance) Brooklyn: (718) 486-6800
• Safe Horizon – Immigration Law Project, Brooklyn: (718) 943-8632
• City Bar Justice Center of New York (212) 212-626-7383
• Catholic Migration Services:
• Queens: (347) 472-3500
• Brooklyn: (718) 236-3000
www.TheNYIC.ORG www.LawHelp.org www.immigrationadvocates.org

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Questions?
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