In the wake of recent federal immigration enforcement, Saint Mary’s College held a workshop for students, staff, and educators with the intent of providing legal rights guidance information in an educational setting. The Feb. 26 lecture was hosted by the Institute for Latino and Latin American Studies in order to "empower individuals and communities, reduce fear, and respond thoughtfully in moments of uncertainty."

    Attorney Julie Cyphers with VIDAS (Vital Immigrant Defense Advocacy and Services), based in Sonoma County, presented pertinent information and answered questions from attendees. Some of the services VIDAS provides includes deportation defense, asylum, family-based petitions, adjustment of status, and naturalization/citizenship counseling.

    Cyphers pointed out that under the Fifth Amendment, you have the right to remain silent. “Do not answer questions.  ICE (Immigration and Customs Enforcement) can only deport if they have proof a person isn’t a U.S. citizen.”  The same amendment also offers the right to due process of law.  “All persons within U.S. borders cannot be deprived of life, liberty, or property without due process; the right to notice of charges; the right to a hearing before an immigration judge; or the right to present evidence and legal counsel (not at government expense).”

    With regards to the Sixth Amendment, there is the right to legal counsel (criminal, not immigration) and the right to be advised on criminal/immigration consequences.  

    Cyphers advised that if a person is confronted by ICE at home or in a car, not to open the door.  Ice can’t come into a home unless they have a search warrant signed by a judge or you let them in, she said. The warrant must be issued by a court, not one issued and signed by DHS (Department of Homeland Security) or ICE personnel. The Fourth Amendment gives the right against unreasonable searches and seizures.  ICE cannot enter a person’s home or conduct a search without permission.  Only a judicial warrant is valid.

    If confronted by ICE, “do not resist if ICE agents force their way in,” advises Cyphers. “Say, ‘I do not consent to your entry,’ but do not physically resist.  You have the right to remain silent and should exercise this right.  Say, ‘I want to speak to a lawyer and choose to remain silent.’  Do not sign anything.  Ice might ask you to sign forms agreeing to be deported without first seeing a judge. Afraid to go back? Be sure to let agents know if you have a fear of returning to your home country. Find an attorney.  If you get detained, don’t give up hope. Get a trustworthy lawyer and explore all options to fight deportation.”

     According to Cyphers, if you witness the presence of ICE, you have the right to document and record what is happening by taking photos or videos. If possible, write down badge numbers and note if agents interfere with these rights. Report their presence to Stand Together Contra Costa.

    Cyphers advises undocumented individuals to plan ahead. "Carry documentation of having resided here for more than two years. This could be leases, bills dating back two years or more, and any school enrollment paperwork. If you have legal status, carry evidence of your status/legal entry. Know the number of rapid response, legal representation, or a trusted friend/family member. Do not carry identification from your country of origin." She also suggests talking to an immigration attorney about options, but beware of scammers or fraudsters. Contact a reputable firm.  Many nonprofits can provide pro bono or low bono services.

    Finally, Cyphers underscored that colleges can provide safe spaces against ICE enforcement by establishing clear, written policies that restrict agent access to non-public campus areas, such as dorms or classrooms, without a judicial warrant.