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East Palo Alto residents and community leaders gathered on Tuesday for the second of several trainings to prepare for a potential increase in the presence of Immigration and Customs Enforcement ahead of President Donald Trump’s inauguration next week.
City council member Ruben Abrica and the Immigrant Legal Resource Center hosted the second “Know Your Rights,” training on Tuesday in an effort to educate local residents – many of whom are Latino or immigrants – on what to do if they encounter ICE in the community.
The issue takes on new urgency as Trump has indicated he may encroach on state protections for immigrants once he takes office on Jan. 20.
“These are going to be difficult times, and so we need to help each other, and share whatever we learn with others,” Abrica said. “We will get through this.”
While it is unclear which state protections for immigrants will remain intact, Abrica reminded the crowd of over 40 people at East Palo Alto’s YMCA that the local police department is under orders from the city and cannot work with ICE, nor ask residents about their immigration status.
Eric Cohen, executive director of the Immigrant Resource Center, and Alison Kamhi, legal program director for the resource center and Palo Alto Unified School District board member, walked the crowd through what to do if they encounter ICE officers.
First, Cohen handed out red cards, which list the rights of any person to not speak to federal officials or sign any documents under their 5th Amendment rights, as well as their right to deny agents entrance to their homes without a warrant signed by a judge. People can flash a red card to ICE to signal they will not further interact, Cohen said.
“Usually we distribute about four or 500,000 of them a year,” Cohen said. “Since the election, we’ve distributed over 3 million.”
People can pick up red cards from resource centers and nonprofits can order them for free.
Cohen then presented the nine steps a person should take if they encounter federal immigration agents:
- Remain Silent
Cohen urged people to remain silent, no matter what questions an agent is asking.
If someone confirms that they don’t have papers and that they’re from Mexico, he said, ICE officers may have enough evidence to deport someone, unless they can prove their legal immigration status.
- Don’t open the door
“You have the right not to let anyone into your house unless they have a warrant, an arrest warrant or a search warrant,” Cohen said.
Sometimes, ICE agents will show removal warrants that are not signed by a judge, he said. Those do not permit officers to enter someone’s home.
If someone wants to hand a note to an officer, or read a document, they should slip them under the door, or show them through the window, he said.
If an agent has a valid arrest warrant for one person in the house, he said, that person should exit the house and close the door behind them.
- Speak with an attorney
Cohen urged people to speak with an attorney before making any important immigration decisions, or before speaking with a federal agent.
“Everyone has the right to talk to an attorney,” Cohen said. “Unfortunately, in immigration, you don’t have the right to a free attorney.”
But people can reach out to immigrant resource organizations like Community Legal Services in East Palo Alto or the International Institute of the Bay Area for local advice. They can also reach out to a rapid response hotline like 203-666-4472, for quick advice.
- Don’t sign anything
Oftentimes, when someone is arrested by ICE, officers will urge them to sign a voluntary departure, Cohen said, which allows the government to deport someone without an immigration court hearing.
“They’re going to try to cajole you, try to convince you, try to threaten you to sign them, because it’s easier for them,” he said. “It’s less costly for them. It helps their numbers.”
People have the constitutional right, no matter their citizen status, to not sign any documents.
- Show red card
Rather than speaking with officials or opening their doors, people should show their red cards through the window, or slip them under their doors, Cohen said.
- Don’t show false documents
Showing false documents like fake green cards can be a signal to ICE agents that someone is not a resident, Cohen said.
“They are good at sniffing out fraud,” he said.
- Don’t get nervous, don’t run
“That’s easier said than done,” Cohen said. “I was born here. I’m a white guy, I’m a lawyer. I would get nervous.”
Still, he said, if someone runs from an officer, that behavior will be used to determine if someone is guilty or does not have papers.
The same tip applies if federal agents arrive at someone’s workplace. People should never run, he said, and instead show their red cards.
8. Make a family plan
Cohen advised people to make a plan with their friends and families to ensure their children, jobs, rent and bank accounts are taken care of in the event they are deported.
9. It’s your decision
Oftentimes ICE agents will threaten to take someone’s children or put someone in jail for years, Cohen said, and at the end of the day, it’s someone’s decision whether or not they want to sign a departure form.
But everyone has the right to protect themselves from these threats, Cohen emphasized.
Since Trump’s reelection, hysteria and fear has spread throughout immigrant communities.
According to a Santa Clara County press release, people have mistaken police activity with ICE, but the county remains dedicated to protecting, “all residents, regardless of immigration status.”
People in San Mateo County communities have made similar mistakes, reporting false ICE activities on Nextdoor. Abrica said there have been no confirmed federal agent sightings in East Palo Alto recently.
Cohen anticipates that Trump will attempt to “shock and awe,” in the first months of his presidency to create fear among immigrants near places like churches, schools or even areas in crisis, like the Los Angeles fire zones.
“They will be banking on the fear and confusion that that causes,” Kamhi said, but the federal agency does not have the resources to continue that behavior long-term.
“There is a lot that can change,” she said. “But one thing that can’t change is the rights that we all have in this country, no matter where we are from or what our immigration status is.”
Abrica said he has booked a YMCA room once a month for the next four months to continue immigrant rights training. Although future meetings may vary in subject regarding topics like changing benefits and labor laws.
He encourages people to share their knowledge on immigrant rights to their families and neighbors.
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