What Can You Do If Law Enforcement Shows Up to Take Your Loved One Away and You Fear They Will Be Deported?

The Jack Hopkins Now Newsletter #306

If you fear that a family member might be arrested by law enforcement and deported, it’s important to take steps to document the situation and protect their rights.

I served my country in the United States Navy. I swore an oath. I honor the United States Constitution. When a United States president chooses to ignore the Constitution and defy the United States Supreme Court, it cuts against everything I believe in.

Below are key steps you can take to both protect yourself and your family…and to ensure the situation is adequately documented. Most of this applies to white U.S. citizens whose families have been here multiple generations as well.

Since Trump didn’t detail what “Homegrown” meant specifically (therefore, it could mean anything he wants it to), you’re best to assume it could one day mean “you.”

*Know Your Rights

Understand Immigration Laws:

In the U.S., individuals have certain rights, even if they are not U.S. citizens or lawful residents. Law enforcement officers are required to have a warrant to enter your home, unless in certain emergency situations. If the officers don’t have a warrant, you have the right to ask them to leave.

Remain Calm and Polite:

It is important to remain calm during the situation. Do not physically obstruct or interfere with the officers, as this can escalate the situation.

*Document Everything

Record the Incident:

If it’s safe to do so, record the entire interaction with your phone or another device. Make sure you capture the officers' names, badge numbers, and any official documentation they present (such as a warrant). It’s crucial that you can prove exactly what happened.

Write Down the Details:

Write down everything you observe immediately. Record the time, date, and details of the event, including the officers' actions…their demeanor…and what they say. Be sure to note any names or badge numbers.

*Request Legal Representation

Contact an Attorney Immediately:

If your family member is being taken into custody…contact an immigration attorney or a civil rights lawyer right away. An attorney can help ensure that the arrest and deportation process are legal and that the rights of the detained person are protected.

Know Your Family Member's Rights:

Make sure you understand your family member’s rights in the context of immigration law. An attorney will help you understand their legal status…options for resisting deportation…and how to request a bond hearing if applicable.

*Contact Human Rights or Advocacy Organizations

Immigrant Rights Organizations:

Organizations like the American Civil Liberties Union (ACLU)…the National Immigration Law Center (NILC)…or others can offer assistance. They can provide guidance on how to navigate the legal process and may be able to help prevent or delay deportation.

Report the Incident: If you believe the arrest or deportation is unjust or violates the law, you can report the incident to one of these organizations or government bodies like the Department of Homeland Security’s Office for Civil Rights and Civil Liberties.

*Keep Track of the Detained Family Member

Inquire About the Location:

If your family member is taken into custody, try to find out where they are being held. If they are in immigration detention, you can check the Immigration and Customs Enforcement (ICE) detainee locator tool online to get updates about their location.

Stay in Contact:

Ensure there is a designated contact person, and regularly follow up with the attorney handling the case and any authorities involved.

*Notify Others

Inform Trusted Individuals:

Let other family members, friends, or neighbors know what is happening. This can provide support…ensure others are aware of the situation…and create a network of witnesses if needed.

Media Attention:

In certain cases, bringing attention to an unjust arrest or deportation may help slow down or stop the process. Contacting local media outlets or using social media can sometimes rally public support…though it’s important to assess the potential risks involved in going public.

*Prepare for Future Incidents

Know the Legal Options for Deportation Defense:

In the event of deportation, it’s important to have legal representation that can argue for asylum, cancellation of removal…or other defenses against deportation. Start gathering relevant documents…including identification…proof of family ties…and any previous legal status if applicable.

Create an Emergency Plan:

If you're worried about future incidents, work with a lawyer to create a legal plan for your family member. This may include having documentation ready…understanding the options for appeal…and setting up emergency contacts.

Summary:

In situations where the rights of individuals are at risk…documentation and legal intervention are key. Knowing your rights and taking swift…calm action will ensure you have the best chance of protecting your loved ones. It's also vital to stay connected with immigrant rights organizations who can provide resources and legal support during a crisis.

Of course, I wish there wasn’t the need for a message like this one. However, almost every kid wanted a pony, and relatively few actually had one. Wishing isn’t the solution.

I’ll be back again soon!

Best,

Jack