The current administration has hit the ground running when it comes to highly publicized reports of deporting undocumented migrants, and they are pushing forward without looking back. What does it mean for individuals and/or families who share connections with these migrants, and for the migrants themselves?
Migrants: Know Your Rights
Simply put, undocumented immigrants are being deported. In these tumultuous times, it is important to know your rights. ICE agents countrywide are being deployed to arrest anyone who lacks proper documentation, and while they say they are targeting only criminals at this point, it’s clear that many hard-working people who’ve never had a run-in with the law have also been swept up. Many have already been sent out of the country, with more to follow. Here’s what you should know:
- Adults aged 18 and older who do have papers would be wise to carry them.
- Lawful Permanent Residents are required to answer questions about their residency and identity, but nothing further.
- It is useless to argue, resist, or obstruct officers;
- You should never lie to or provide fake documents to officers about your legal status;
- You should stay silent until you have a lawyer with you;
- You don’t have to let agents search you, your home, or your belongings unless officers have a warrant or other probable cause;
- Families with children should make advance plans regarding the care of their kids in the event they are arrested.
- You should memorize key phone numbers belonging to family members, emergency contacts, and your attorney.
- Memorize your immigration A number, and make sure family members and friends have it so they can locate you later.
- Help family and friends prepare emotionally for the possibility of arrest.
Those Harboring: Understand the Risks
The Immigration and Nationality Act (INA) states that it is illegal to conceal, shield, or harbor anyone who has entered the country illegally. If you knowingly do so, and the court finds that your assistance was a substantial factor that contributed to an undocumented person remaining in the country you could face significant fines and time behind bars. What constitutes harboring? It could be any form of providing the following to an undocumented individual:
- Protection;
- Shelter;
- Transportation;
- Help in obtaining false documents;
- Warnings to undocumented persons about upcoming investigations or raids;
- Any assistance that facilitates one’s ability to reside in the U.S. illegally.
Stiff Legal Penalties
The consequence of living in the country without documentation is stark: such individuals are being rounded up and shipped out of the country. Anyone convicted of harboring these individuals to realize financial gains faces fines and as many as ten years in prison for each person that is harbored. Persons who do so with no plans to benefit financially face as much as five years in prison for each harbored individual. Fines may accompany either sentence.
The Criminal Defense You Deserve
The dedicated and experienced attorneys at Boertje & Associates always fight to protect your rights when facing criminal prosecution. To discuss your circumstances, schedule a confidential consultation in our San Diego office today,