What to do if you or a loved one has an ICE check-in or immigration court hearing
With detentions at immigration appointments on the rise, attorneys and experts share four tips to know before you go.
Written by Kate Morrissey, Edited by Maya Srikrishnan
Immigration and Customs Enforcement officials in downtown San Diego recently began arresting more of the people who show up to check in with them.
If you or a loved one have an upcoming check-in appointment or court hearing, here are some recommendations from local attorneys, human rights observers and volunteers of what you can do to prepare for the possibility of detention.
1. Talk to an attorney
Even if you've been going to check-in appointments for years, you should consult with someone before your next one, according to Maria Chavez, legal director at the Partnership for the Advancement of New Americans.
“Everything is different now,” Chavez said. “That doesn’t mean detention will necessarily happen, but the risk remains.”
If you don't have an attorney, look for a licensed, reputable one. Alliance San Diego has a list of recommended attorneys, some at low-cost. The Immigration Legal Services Coalition offers a hotline at 858-751-7553. People who are detained in San Diego County can ask for representation from the San Diego County Immigrant Legal Defense Program.
You can check the bar website for the state where the attorney is registered to confirm their license and to see if that person has a disciplinary record. The attorney might be registered with the California bar, but since immigration is a federal matter, the lawyer could be licensed through any state and practicing locally.
San Diego immigration attorney Ginger Jacobs said that because of the complexity of immigration law, it's best to find a lawyer who specializes in it rather than one who practices many types of law.
Select one family member who will be responsible for communicating with the attorney, Jacobs said, so that the attorney doesn't get confused.
If you do already have an attorney, notify them of the appointment in advance so that they can prepare if you want them to accompany you. Make sure they have a G-28 form on file with ICE, which gives them the ability to advocate for you to the agency.
If you do get detained, an attorney might be able to help get you out through a habeas corpus case filed in federal court.
2. Document any serious medical conditions
Get documentation from your doctor including a letter explaining your condition, medical records, a medication list and any upcoming appointments you may have for treatment. Bring your medications with you to your appointment.
If you have a serious condition, you can argue that you should not be detained, Jacobs said, and having as much documentation as possible will help make that argument.
You won't be able to get other medication while in processing in the basement of the federal building if officers do detain you. She said ICE could also send your medication list to the detention center where you'll be going so that its medical team can prepare.
3. Prepare yourself for the possibility of detention
Make plans for caregivers for anyone who usually depends on you, including pets. If you have children, give someone else written permission to pick them up from school, take them to the doctor or any other critical activities.
Ensure your loved ones have your A number or “alien number” so that they can locate you if you are detained.
Make sure someone you trust has access to your finances so that if you need to pay rent or hire an attorney while in custody, that person can access your money to do that for you.
Write important phone numbers on a piece of paper — and write the most important one on your arm. You won't be able to access your cell phone once detained, so if you don't have phone numbers memorized, you won't be able to call anyone. Both the basement holding cells and the long-term detention centers have phone systems for people to use to make collect calls, though these calls are sometimes costly.
Eat a good meal and drink plenty of water. Many have complained about the quantity of food provided while waiting to be processed.
4. Take someone with you
Find a family member, friend or volunteer to go with you to your hearing or appointment in case you get detained. Jacobs recommended choosing someone who is either a U.S. citizen or green card holder. You can give them your belongings, including jewelry, wallet and phone, before you meet with officers, and they can alert your loved ones if you are detained.
Grassroots volunteers are outside the federal building and in the hallways by the immigration courtrooms and ICE appointment office if you need someone to accompany you.
Have someone else drive you — you could ride with the person accompanying you, take a ride share or use public transit. If you leave your car parked downtown and ICE detains you, your car will be stuck where you left it and potentially towed or ticketed.
Whatever happens, do your best to stay calm.
“Do not resist or respond with violence if ICE agents attempt to detain you,” said Pedro Rios, director of the American Friends Service Committee's U.S./Mexico Border Program.
