Don't forget your right to Due Process

Hi guys, I know things just seem to be getting worse and worse every day. But we can’t just completely lose our heads and fall into despair. No matter what happens, life goes on. I would like to share with you my family emergency plan in case I get detained. I know a lot of us have different situations and some of these things won’t apply to everyone, but I think the due process stuff might be helpful to most of us. Sitting down with my family to discuss this helped me out a lot because now we are prepared as a family for whatever the future may hold. This plan is based on an attorney consultation that I had (which I posted in another thread). I recommend you all see an immigration attorney and come up with a plan of your own.

The worst case scenario for me would not be as simple as canceling DACA and immediately terminating my EAD. I would still be able to drive in California, I have friends and family here, so as for financial survival I would think of something. My worst case scenario would involve the new regime taking that extra step and sending ICE after us. If that worst case scenario were to play out, you have to be very careful and fight for your rights. If you do not have a prior deport order, you have a right to see a Judge. Your due process rights guarantee the right to defend yourself in immigration proceedings. If the worst happens and ICE decides to come and get me, I plan to exercise my due process rights to the fullest extent. Here is an overview of what the whole thing might look like:

1. ICE comes knocking, literally. Remember, without a warrant you don’t have to let them in. As soon as I know ICE is after me I would contact my attorney and turn myself in with his help. The benefit here would be maybe sparing myself the indignity of being processed and a possibly early release on bond due to the fact that I have an attorney before proceedings even start. That’s my best case apprehension scenario.

2. ICE waits for me outside of my home and grabs me on the way to work (my attorney said this has happened to some of his clients). This would be the worst case scenario, mainly because I am not looking forward to being processed and screamed at to sign some deport papers. If this happens remember not to sign or say anything. Demand your phone call and set off your emergency plan. ICE can yell and intimidate you all they want, you don’t have to talk to them. Just be strong and let them yell themselves hoarse while your family mobilizes. Remember, they may be scary, but they legally can’t physically harm you (if they do then say hello to a U-Visa).

3. You only get one free call, use it wisely. Once inside you can set up a calling card or plan, but I don’t know how that works so I plan to make my first phone call count. Have one person who knows what to do when you call and say “ICE got me”. That’s all I have to tell my emergency contact and they will get the ball rolling. I just have to sit back and wait at that point. My contact is my mother because she can answer her phone 24/7.

4. Once I get the word to my emergency contact, they are to immediately call our attorney. My family used the same attorney for my DACA, my brother’s DACA, and both of my parent’s PR applications, and both times we renewed DACA. He knows us pretty well by now, so as soon as the ink is dry on a new retainer, he will take care of the rest. I suggest you all contact an attorney as soon as possible, make sure it’s a good one.

5. Once my attorney is in on the game, the rest should be straight forward. He would contact the ICE officer in charge of my case, and arrange for bond. One thing to be remembered about being detained: If you are detained your case moves a lot quicker through court (this is a very bad thing!). Once you are out you get put on what’s called a non-detained docket which has a 500,000 case back log (that’s without adding all the DACA people). On a non-detained docket you case could last years. Since I am a DACA case with no crimes, I would qualify for bond, and maybe even the lowest bond possible. If you can pay out of pocket, do so because they return the bond money when your case is over. If it is too high, then hire a bond company.

6. Once out on bond, inquire about getting an EAD through court. Go back to work and wait for your first hearing, which could be in a few months or one or two years (depending on the increased backlog). The first hearing is called a MASTERS, it’s basically to introduce yourself and the attorney to the judge. My attorney would ask for additional time to prepare, setting my case back even further. At the next hearing would be pleadings and exploring relief available. In my case I would not be able to contest any of the pleadings because DHS has my DACA application which is basically an admission to everything. As far as relief, everyone can apply for Asylum even if you already know you don’t qualify (the point would be to buy time). In my case I can also apply for Cancelation of Removal, but like I said in my other post, I would not win that case because I can’t prove hardship to my PR relative.

7. Eventually, after several years of litigating, I would likely lose this case. But by then I would have enough savings to start my life over in another country. I would save enough to start a business somewhere else, maybe buy a house or something, and try to find happiness elsewhere. At least I would be in a country where I won’t be hated for my ethnicity (since everyone will be the same). Of course leaving will ultimately depend on what happens while my case is pending. If it lasts long enough things might change, we might get a democratic majority in two years, a democratic president in four years who might bring DACA back, or I might find someone to marry.

My conclusion is that right now I don’t have enough savings to go back to my home country. I need time to put some savings together, and my plan above is designed to give me time to do just that. If I am able to work with a court case EAD then I can make monthly payments to my attorney, and if I live with my parents I can save my rent money for an investment in my home country. Because I do not have a prior deport, I am entitled to due process (despite jerks like Sessions and Kobach). If my due process rights are violated, my attorney would sue to get me back in the country to properly litigate my case. Remember, they can’t deprive you of your due process rights if you are entitled to them (I am so sorry for people with a prior deport). Like most of you, I don’t want to leave this country. It is my home, I was raised here with all of its morals and values. But America is about to change, and if it no longer wants someone like me, a college graduate with no crimes and whose only sin was to want to contribute my all to American society, then maybe this country doesn’t deserve me. Still, I really really hope that reason prevails over blind hatred, and we are allowed to stay. Good luck to everyone, take care guys.

Thanks, nice post.

Very informative topic, Thank You.

What does it cost to get an attorney to know you beforehand? Like do I pay them a small fee monthly just to keep them as a unused service throughout the years even if nothing happens?

And does anyone know any good reputable immigration lawyers in NY?

Hope you don't mind copying this plan for myself lol.
I actually had applied for refugee status when I was in removal proceedings just to buy time while my DACA was being processed.
Good plan right there

I think that any attorney who is willing to charge you money for any "possible, potential, or future" services that have not even begun is being dishonest. I do not have a contract with my current attorney for any "possible" services I may need. And I don't recommend anyone pay an attorney for "possible future services". Please be careful of scams, notaries and crooked attorneys thrive on fear, this is Christmas for them.

The attorney I used for DACA has what is called a "Potential Client" list. If you schedule a consultation with his office, he gives you an unlimited amount of time for a consultation (most just give you an hour, mine lasted nearly 2). He takes careful notes, creates a "Potential Client" folder for you in his archives, and saves your information. That way if you or your family calls, he can quickly access your information and get to work as soon as a retainer has been agreed on by your family. I recommend that you ask an attorney how their office operates before you pay money to consult with them. Do they have a list that they can put you on? Do they have expertise in deportation defense? Will their current workload allow them to handle your case with the time and care it deserves ? What are their payment plans like? Do research on the attorney before you pay money to see them.

Oh, and remember, my plan was designed to buy me as much time to save money as possible. I know I can't win my case, that's not the purpose of me retaining my attorney, it's to buy me time. If you have similar goals, mention that to the attorney. A lot of them would see my case and say "no, sorry you can't win. It's not worth your time and money to fight a losing case." If they tell you that, move on. You need someone who understands the concept of due process enough to be able to buy you as much time as legally possible.

OK cool, Thanks for the information.

It's funny how a month ago we were talking about school, work and dreams. Now we are talking about how to delay deportation with due process. Life's a bitch.

None of this is going to happen.

Love the positivity! Without Chyno here, everything seems a little more negative. :/

Trump and Kobach dont give a turd about your positivity.