 Hispanic
American Village News
By The Associated Press
What to do if detained in Arizona
By Sandip Roy
New America Media
Jul 29, 2010
NAM: What new information
should the public know, now that some of the key provisions of SB 1070
have been blocked by a federal judge?
For the meantime, people
who were afraid that they could be stopped and questioned about their
immigration papers can breathe a sigh of relief. But I don’t think that
this is a great setback for the people who want to keep arresting
immigrants. [Gov. Jan Brewer] has called the judgment “a bump in the
road.” So I believe the [immigrant] community needs to be alert and
follow [news developments] very carefully.
NAM: Do you feel that SB
1070 proponents will find alternate ways to enact some of the blocked
provisions using other existing laws?
[Even before SB 1070,
authorities] have already been using our employer sanction laws to
arrest undocumented immigrants. The irony is that [employer sanction
laws] were put in place to arrest the employers who are hiring illegal
immigrants. But up to now, [authorities] have only been arresting
undocumented workers for using false documents to work. Not a single
employer has been arrested.
There are other provisions
of SB 1070—including the charge of harboring an undocumented
immigrant—that can be enforced starting July 29. How does this provision
affect U.S. citizens with undocumented spouses, or citizens living in an
extended family with undocumented relatives?
There is no strict legal
definition of what “harboring” means. In general, it refers to actively
aiding someone to evade law enforcement officials. The impact on
families with undocumented members depends on how strictly the law is
interpreted. Sometimes, if a friend or colleague wants to stay with you
temporarily, then you don’t really ask for their immigration status. In
that case, you are not “knowingly disregarding the facts.”
NAM: What have you told
people who ask what to do if they are stopped, either under SB 1070 or
another law?
We tell them if you can
validly show identification, that’s fine—you should go ahead and do it.
But you need to know that it’s different depending on whether you are a
passenger or the driver. For example, if you are a passenger, you are
not required to engage with a police officer when they stop the driver
for a traffic violation. Even if you are a driver, you can just answer
questions about the violation you stopped for.
[Remember,] If you are
accused of a crime, you have a 100 percent right to remain silent. I’d
like to think people are aware of this. But knowing it in your head or
seeing it on TV is different from sitting there with your children in
the back seat while an officer with a badge and gun asks you questions.
You can end up saying incriminating things.
NAM: What happens to your
property if you are picked up?
If you are alone, your
property might be impounded. If you are with someone you trust, you can
hand over your personal possessions like your watch and wallet.
Technically, your belongings should be returned to you upon release. But
[Immigration and Customs Enforcement] does not like to take personal
property into its possession. So things are often lost.
NAM: What about cars and
houses?
I advise people to have a
power of attorney ready for close friends or relatives who can take
charge of your affairs.
Many families have been
here for decades and might own car or house outright. You don’t lose the
right to your assets because of your conviction. You can hand over a
power of attorney to someone to manage your affairs while you are away.
It’s the same as if you were living here legally and had to go away for
a while. If you have someone who can drive your car to your home
country, they could do that. It’s still your car or house.
Even if you do not own the
car or house outright, you still have rights to it. But if you cannot
afford to pay for it, you might lose it to foreclosure.
You should know your
property is not subject to civil forfeiture if you are arrested—as might
happen if you were a drug dealer and arrested with a million dollars or
a car that the government suspects was bought with drug money.
NAM: What advice do you
have for people with children?
I tell them to create a
power of attorney for tangible items and for your children. You need to
have a U.S. citizen who can take possession of children from the scene
if, for example, you are picked up while driving your children to
school. Otherwise they could end up going to foster care. Similarly,
even if your children are in school [when you’re picked up, school
officials] won’t let younger children go unless a trusted friend or
family member is authorized to pick them up.
NAM: What should people
tell their children about Arizona’s crackdown?
I tell people to talk to
their children without scaring them too much. Children have a tendency
to answer questions you might not want them to. So if an officer gives
you a speeding ticket and leans into your car and says by the way, where
are you from, you don’t want the child answering for you.
NAM: What advice are you
giving people who are fearful about approaching law enforcement with
other issues — whether it's information about other crimes, or reporting
domestic violence — because they’re afraid of being detained?
Human safety is first and
foremost. If your life is in danger, don't hesitate to call for help.
Better to be alive in your home country than dead in the U.S.
Second, know the policies
and practices of your local police department. Not all police
departments are the same. Some will inquire into immigration status and
some will not. For some, it may depend on the type of crime being
reported. I believe that all agencies make this information public and
it should be easily obtainable. Most reputable agencies and officers
will not inquire into the immigration status of a crime victim and you
should not hesitate to call those agencies in the event of an emergency.
For those agencies that
pride themselves on enforcing immigration laws, you may want to weigh
the "benefits" versus the potential costs of calling for help. If you
were the victim of a $15 theft and you know the agency that would
respond will inquire into your status — well, you decide if its worth
the call!
NAM: What about racial
profiling? Are you advising people to watch out for that?
Our clients are average
workers. They would not really know how to watch out for that. But that
is something the lawyers would need to look out for. To say [that
police] are not going to racially profile just because it’s illegal is
ridiculous.
But I do tell clients to
be careful— watch your speed, make sure your license plate is current
and that you don’t have a broken tailpipe, etc. Our sheriff [Maricopa
County’s Joe Arpaio] has made it quite clear that [his people] will pull
you over if you have a cracked windshield or a missing rear- view mirror
or things like that.
NAM: What kind of
resources are available to help anxious immigrants avoid being detained?
There are a lot of
resources from local groups, nonprofits, churches about how to handle
different situations. But no matter what you learn, it’s different when
you do get pulled over by an officer. And everything you learned goes
out of the window.
Additional reporting by
Poornima Weerasekara.
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