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Ice on Immigration: What if, undocumented, I’m jailed?

By L. Patricia Ice, Featured Columnist

Question:  I am an undocumented immigrant, so there is always a chance that I could be apprehended and jailed by the police or immigration agents.  What I can do in advance to protect my property and prepare for my sudden incarceration in case that happens?

Answer:  You are smart for thinking about this in advance.  It is a good idea to give one or more trusted friends or relatives who are lawful permanent residents, United States citizens or who have other valid immigration statuses a key to your house, your vehicles and any other property that you own. You should also give your trusted friend or relative your address, telephone number and the names, addresses and phone numbers of close relatives in your home country so s/he can contact your family if you are incarcerated and/or deported.  You should also have the correct name and the land line phone number of that trusted friend, relative and your attorney so that you can make a collect call from jail in case you have to.  Some jails will only allow you to call persons named on a list. It is also a good idea to keep some clean clothes and packaged underwear in a place easily accessible to your trusted friend or relative so that s/he may bring it to you in jail if necessary.  Most jails will only allow white new underwear inside for inmates.

You should also know the names and dosages of any prescription medicines that you may need in jail.

I also suggest that you prepare a notarized power of attorney that would give your trusted friend or relative the ability to do business with your bank or other agencies on your behalf.  A lawyer can prepare a valid power of attorney for you.

Finally, it is a good idea to save as much money as you can and have it in a place that your trusted friend or relative can get it for you.  You may need money to pay for bonds, fines, legal and travel expenses.  Bonds, fines and legal expenses can cost thousands of dollars, so the more money you save, the better.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice is a former Equal Justice Works Katrina Legal Fellow, focusing on immigrant family and employment issues in areas around the Gulf Coast.  Ms. Ice trains law students in the extern program of the Mississippi College School of law. She is also dedicated to immigrants rights advocacy, and serves as the Director of the Legal Project  of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006-2009 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.