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A Community Resource on Anti-Deportation Education and Organizing

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A Community Resource on Anti-Deportation Education and Organizing DEPORTATION 101 A Community Resource on Anti-Deportation Education and Organizing Revised May 2010 Produced by Detention Watch Network 1325 Massachusetts Ave NW, Suite 200 Washington, DC 20005 Families for Freedom 3 W 29th St, Suite 1030 New York, NY 10001 Immigrant Defense Project 3 W 29th St, Suite 803 New York, NY 10001 National Immigration Project of the National Lawyers Guild 14 Beacon St, Suite 602 Boston, MA 02108 THE DEPORTATION 101 CURRICULUM A Little History The Immigrant Defense Project (IDP) and Families for Freedom (FFF) originally developed the Deportation 101 curriculum in 2005. In 2007, the National Immigration Project of the National Lawyers Guild and Deten- tion Watch Network began collaborating with IDP and FFF to create an expanded curriculum and to present additional trainings. Together, the Deportation 101 team has partnered with community-based groups to train directly affected peo- ple, organizers, and service providers in various parts of the country, including New York, New Jersey, Florida, Massachusetts, Georgia, Maryland, Virginia, District of Columbia, North Carolina, Arkansas, Louisiana, Missis- sippi, Alabama, Florida, Kentucky, Tennessee, South Carolina, Virginia, and West Virginia. About the Curriculum Deportation 101 is an intensive, one to two-day training, accompanied by comprehensive written materials, that offers basics on the detention and deportation system and provides guidance on how to organize com- munities directly impacted by deportation. Created by community organizers, legal experts, and advocates, this curriculum teaches immigrant families, loved ones, and communities how to understand and develop individual and community responses to this system – inside and outside the courts. The Deportation 101 curriculum provides: • overviews of the criminal justice and deportation systems and immigration enforcement programs, • practical tips and advocacy strategies for people facing or at risk of deportation, • local and national resources and referrals, • ideas for addressing the needs of immigrant families and communities, • discussions on current and future organizing strategies, and • analyses of current immigration reform proposals. *Disclaimer* This latest version of the Deportation 101 curriculum was published in May 2010. We’ve tried our best to make sure all information is up-to-date. Please keep in mind that immigration laws and policies are constantly changing, and this manual only reflects information available up until the time of publication. We also want to be clear that the Deportation 101 curriculum is not a substitute for individualized legal advice. If you are deal- ing with a deportation case, we recommend trying to contact an expert for more information and help on your particular case. DEPORTATION 101 A Community Resource on Anti-Deportation Education and Organizing Revised May 2010 Produced by Detention Watch Network 1325 Massachusetts Ave NW, Suite 200 Washington, DC 20005 Families for Freedom 3 W 29th St, Suite 1030 New York, NY 10001 Immigrant Defense Project 3 W 29th St, Suite 803 New York, NY 10001 National Immigration Project of the National Lawyers Guild 14 Beacon St, Suite 602 Boston, MA 02108 Acknowledgments Detention Watch Network, Families for Freedom, Immigrant Defense Project, and National Immigration Project of the National Lawyers Guild extend their sincerest thanks to all those who have contributed to creating, expanding, and editing this manual – including former and current staff, interns, and volunteers. Special thanks are in order to the original authors of Deportation 101: Benita Jain, Aarti Shahani, and Subhash Kateel. Design by Kathleen Sato Translation by Juanita Hernandez and Margarita Martin-Hidalgo Revised May 2010 TABLE OF CONTENTS Section 1: Deportation Basics __________________________________________ 5 Definitions __________________________________________________ 6 Immigration in the Branches of Government (Partial Chart) ________________ 10 Government Actors During Deportation ____________________________ 11 Deportation Timeline _________________________________________ 14 Section 2: The Current Detention and Deportation System _____________ 21 Who Can Be Deported? ________________________________________ 22 Trigger Sites for Deportation ____________________________________ 23 Deportation Map ____________________________________________ 24 About the US Detention and Deportation System _____________________ 25 MAP: Detention Centers in the US ________________________________ 26 Getting Out of Detention _______________________________________ 27 Reporting Problems with Detention Conditions and Detainee Abuse _______ 30 Sample Letter Reporting Abuse______________________________ 32 Immigration Court ___________________________________________ 34 How to Help Someone Facing Deportation __________________________ 35 Key Documents You Need to Fight Your Deportation Case _______________ 40 Forms of Relief to Prevent Removal ________________________________ 42 What’s Next After Immigration Court ______________________________ 45 Combating Financial Consequences of Detention and Deportation ___________________________________ 46 Can I Return to the US After Being Deported? ________________________ 49 Analyze Eligibility for Readmission: Collecting Documentation ____________ 51 Section 3: ICE in the Criminal Justice System ___________________________ 53 The Pipeline from the Criminal Justice System to the Deportation System: An Overview ________________________________________________ 54 The Facts about ICE ACCESS _____________________________________ 54 Dangerous Merger: Corrupting the Criminal Justice System for Immigration Enforcement by the Immigrant Justice Network _____________________ 57 MAP: Overview of the Criminal Justice System ________________________ 59 How ICE ACCESS Programs Interact with the Criminal Justice System _______ 60 MAP: How ICE ACCESS Programs Interact with the Criminal Justice System ___ 61 Booking at the Police Station: Know Your Rights! ______________________ 62 Immigration in Criminal Court ___________________________________ 63 Immigration in Jail ___________________________________________ 65 Immigration in Prison _________________________________________ 67 Immigration Impact of Criminal Convictions _________________________ 68 Checklist: Immigration Consequences of Convictions___________________ 69 Section 4: Organizing to Fight Back! ___________________________________ 71 A.R.M. CASE CAMPAIGN & ORGANIZING MANUAL _____________________ 73 Table of Contents ________________________________________ 74 Dignity, Not Detention: Preserving Human Rights and Restoring Justice _____ 97 How Communities are Fighting Back Against Local Immigration Enforcement _ 98 Child Citizen Protection Act (CCPA) Statement of Principles and Pledge _____ 101 Child Citizen Protection Act Talking Points _____________________ 102 CIR ASAP (HR 4321) Press Release ___________________________ 104 New Agenda for Broad Immigration Reform (NABIR) Talking Points ______________________________________ 105 NABIR flyer about Reid-Schumer-Menendez proposal _____________ 107 Families for Freedom Press Release Denouncing SB 1070 _______________ 108 Restoring Accountability to U.S. Immigration Enforcement _____________ 109 SECTION 1: DEPORTATION n this section, we provide BASICS I an overview and some background on the immigration detention and deportation system. Later sections in this manual will go into greater detail about how this system works and how to navigate it. Here, we want to provide a general framework to help ground our understanding of some terminology, government actors, and history. We start off with some fundamentals. First, since the immigration system can seem inaccessible due to depor- tation-related jargon, we share a glos- sary of terms. We then take a look at the government systems and depart- ments that deal with detention and deportation. We include a diagram of the branches of federal government to help you understand the different institutions that play a role in deporta- tion. We also include a list of govern- ment actors that immigrants going through deportation often encounter – and their responsibilities. Lastly, we share a timeline to give some historical context for our current political landscape. This timeline gives a snapshot of policies, legislation, and case law that have shaped the current detention and deportation system since 1980. Section 1: Deportation Basics 5 DEFINITIONS 287(g) Agreement Congress expanded this term numerous times over A Memorandum of Agreement (MOA) between a the years, and most extensively in 1996. This is one of local government and the Department of Homeland the government’s most powerful tools for deportation Security under Section 287(g) of the Immigration and because it strips an immigrant of most choices in the Nationality Act. Under this agreement, ICE briefly trains deportation process. An immigrant – including a lawful local enforcement agents, who are then granted lim- permanent resident – who is convicted of an offense ited immigration enforcement authority to investigate, categorized as an “aggravated felony” is subject to apprehend, and/or detain deportable immigrants. The mandatory detention (no bond) and virtually manda- scope of authority that a 287(g) agreement gives to tory deportation (no possibility of applying for cancel- local governments depends on the specificagreement lation of removal, or any other pardons. and is not supposed to override constitutional protec-
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