By JUSTINA RAMLAKHAN

New York City is home to approximately 3.1 million immigrants who represent nearly 40% of the city’s total population. This number does not account for hundreds of thousands of undocumented immigrants and asylum-seekers who reside within the five boroughs. Since beginning his second term, President Donald Trump issued several new deportation-related Executive Orders that have resulted in increased fear and confusion among many.

The federal government directs Immigration and Customs Enforcement (ICE) to prioritize arrests of targeted populations. Presently, the law allows for the deportation of certain immigrants, including anyone without lawful immigration status and people with status (lawful permanent residents, refugees, and visa holders) who have certain criminal convictions.

People with legal status and prior convictions may be a target for deportation even if the conviction is from years ago, jail time was not served, the case resulted in a minor offense or misdemeanor, they’ve been a Lawful Permanent Resident for a long time, or all other members of their family are U.S. citizens.

“The amount of information coming out daily from the White House can be overwhelming for anyone,” said Bill Whalen, MELS director and chief counsel. “Our members should follow any guidance issued by their employing agency and direct questions to the general counsel of that agency. Those without permanent citizenship should minimize their exposure to immigration agents or other law enforcement personnel as much as possible, and do not travel outside of the country without first speaking with an attorney.”

DC 37’s Municipal Employees Legal Services (MELS), a benefit provided to all members eligible for Health & Security Plan benefits, does not provide immigration representation, but MELS attorneys can help members and their family members navigate roadblocks to applying for citizenship or assist in arranging standby guardianships in the event of detention or deportation. MELS also holds several citizenship webinars in partnership with 32BJ Legal Services Fund and CUNY Citizenship Now and a Know Your Rights webinar.

For more information about citizenship or Permanent Residency/Green Card status, contact the MELS Screening Unit at 212.815.0111.

For more information regarding asylum or deportation concerns, contact

• NYC Immigration Legal Services 800.354.0365
• Emerald Isle Immigration Center 718.478.5502
• CUNY Citizenship Now! 646.664.9400 or 212.652.2071 (only DC 37 members in the Non-Profit Private Sector Division are eligible for this service)

If I know I’m at risk, what can I do?

• Make a plan with your loved ones in case you are picked up by ICE. MELS attorneys can assist in arranging standby guardianships to ensure your dependents are taken care of.
• Keep your personal documents in a safe place: passports, IDs, birth certificates, any utility bill that proves 2+ years of residency, immigration history, certificates of disposition.
• Avoid contact with Immigration. Don’t apply to change your immigration status, renew your green card, or travel outside of the United States without first talking to a lawyer.
• Avoid contact with the Criminal Justice System. Police share your fingerprints with Immigration.

What should I do if ICE agents approach me on the street or in public?

• Before you say your name or anything else, ask, “AM I FREE TO GO?”
• If they say YES: Say, “I don’t want to answer your questions” or “I’d rather not speak with you right now.” Walk away.
• If they say NO: Use your right to remain silent. Say, “I want to use my right not to answer questions” and then “I want to speak to a lawyer.”
• If ICE starts to search inside your pockets or belongings, say, “I do not consent to a search.”
• Do not lie or show false documents. Don’t flee or resist arrest.
• Do not answer questions about your immigration status or where you were born. They will use any information you provide against you. Do not hand over any foreign documents such as a passport, consular IDs, or expired visas.
• If you are in Criminal Court for a court date, ask to speak to your defender before they take you away.

What are my rights if I am being arrested by ICE?

• You have the right to remain silent. You have the right to speak with a lawyer.
• You do not have to share any information about where you were born, what your immigration status is, or your criminal record. Ask to speak to a lawyer instead of answering questions.
• You do not have to give them your consular documents or passport unless they have a warrant from a judge.
• You do not have to sign anything.
• Do not lie. It can only hurt you in the future.

Additional Information

The following Know Your Rights Webinar is scheduled for July 23, at 6 p.m. on Zoom. Sign up HERE.

You may view the presentation from the most recent Know Your Rights Webinar, hosted by DC 37 MELS, CUNY Citizenship Now!, and 32BJ Legal Services Fund HERE.

To learn more about your rights when interacting with ICE, visit the Immigrant Defense Project.