Newsletter August - September 2004

EXERCISE CAUTION WITHIN 100 MILES OF ANY U.S. BORDER!!

Immigration officers have new powers to remove people found in the United States within 100 miles of any border, without allowing people to see an immigration judge, or even talk to an attorney or their families.  It is still too early to tell if/how these “expedited removal” powers will be used, but immigration officers may remove anyone who cannot prove his/her legal status and cannot prove he/she has been in the U.S. for at least two weeks prior to being apprehended.  Until it becomes clearer on how this new law will work, non-citizens should take the following precations:

- carry a copy of any document that proves you have legal status in the U.S. (Green card, asylee, refugee, visa, etc.)  If you are undocumented, carry proof you have been living in the U.S. for at least the previous two weeks (such as a paystub or a utility bill).
- if you are arrested, do not provide false information.
- if you fear you will be persecuted in your home country upon return, ask to apply for asylum.

SUSAN HILL NAMED PROFESSOR OF IMMIGRATION LAW TO PEPPERDINE UNIVERSITY

Susan Hill, partner of Hill & Piibe, will begin teaching immigration law in January 2005 as an adjunct professor for Pepperdine University School of Law in Malibu, California.  Ms. Hill hopes to start an immigration law clinic at Pepperdine, if conditions allow, to serve the immigrant community.

DEADLINES: THEY’RE IMPORTANT!

It is important to ACT IMMEDIATELY whenever you receive a document from a U.S. immigration office or immigration court.  Many times a document will require you to file more papers, or an appeal, and commonly you are given only 30 days or less.  Failure to timely file documents may result in you losing your right to proceed further, or to appeal any denial that may result, and then you may have to leave the U.S.– this applies even if the government made a mistake in your case.  If you receive a paper and are unsure what to do, contact an attorney immediately; if you wait even one or two weeks, you may be too late.

DON’T FORGET TO RENEW YOUR WORK PERMIT!!

You may apply as early as 90 days before it expires.

IMMIGRATION RAIDS– YOUR RIGHTS

 In this new climate of increased immigration enforcement, immigration raids are occurring more frequently.  Take the following precautions and know your rights:

- Immigration officers cannot enter your home/workplace without the owner’s permission or unless they have a warrant.
- If Immigration officers do not have a warrant bearing your specific name, they cannot arrest you without reasonable suspicion that you are undocumented.  If you remain silent and do not run, chances are there will be no reasonable suspicion to believe you are undocumented.  If you are undocumented, do not carry paperss that would raise reasonable suspicion, such as those that show your birthplace, or any other evidence of your nationality.
- If you are questioned or arrested, you have the right to remain silent, the right to call a lawyer/family member and the right to see an immigration judge.
- do not sign any papers while in custody; most likely they are papers indicating that you agree to leave the U.S., and this will permanently damage your immigration record.
- carry the telephone number of an attorney with you at all times, as well as enough change to make the phone call.
- NEVER give Immigration false documents or a false name; the false documents will destroy any chance you may have against deportation, and your relatives/attorney cannot find you if you are booked under a false name.

HILL & PIIBE PARTICIPATES IN COMMUNITY EDUCATION

Many thanks go out to Ms. Edith Aburto and the Alianza Parent Support Group, operating under the San Gabriel/Pomona Valley Regional Center, for hosting an evening’s discussion on immigration issues on August 19th.  Susan Hill spoke at the event and answered attendee’s questions.  Ms. Hill also participated in a community meeting on Sept. 8th in Hollywood, sponsored by the Hollywood Interfaith Sponsoring Committee, where she met with individuals and answered questions.  Hill & Piibe remains committed to providing pro bono services through these types of community projects.  Finally, Ms. Hill also spoke to a group of attorneys earlier this summer on the subject of practicing immigration law before the U.S. Ninth Circuit Court of Appeals, as part of an L.A. County Bar Assn. continuing education program for attorneys.