Thank you to our 2022 Intern

Russell Immigration Law Firm would like to express gratitude to our 2022 intern. Thank you Brendan for your hard work and dedication!

“I greatly enjoyed my time at the firm. It was such an incredible opportunity to learn the inner workings of the legal field and the amount of time and effort that is necessary to get such essential things for individuals in our community to better their lives, from both small requests to things that would majorly impact a family’s lives. My time at the firm cemented the fact that I want to become a lawyer to continue the betterment of the lives of those in our community in any way I can. Learning how to complete the variety of forms, sitting in on court cases, getting to build the evidence and cases, and even getting to put my own work into it all has better prepared me for my future in law and the skills necessary to succeed and thrive.”
— Brendan Lewis

Thank you to our 2020 Interns

Russell Immigration Law Firm would like to express gratitude to our 2020 interns. Both Catie and Alexis always had smiling faces and tackled all tasks given to them efficiently and effectively. Thank you both for your hard work and dedication!

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“I feel incredibly lucky to have had the opportunity to work with such amazing clients and families alongside the team at RILF. This experience has given me a better understanding of the needs within my community, so I hope to continue learning and growing through public service. Learning about the legal processes in the evolving field of immigration law through hands on research, communication with clients, and drafting of legal documents has helped me prepare for a career in law.”
— Catie Hofmeister
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“My internship experience with RILF was invaluable to my personal, academic, and professional development. I had the opportunity to use the reading, writing, and critical thinking skills cultivated through my undergraduate courses to do meaningful legal work that directly contributed to the success of clients’ cases. I appreciated the way each task informed me on various aspects of the immigration legal field, challenged me with unique assignments that pushed me out of my comfort zone, and inspired me to pursue legal work that enables passionate and resilient clients to create brighter futures in the United States. My time at RILF helped affirm my present academic and career aspirations and provided me with the knowledge, experience, and skills necessary to succeed on this path.”
— Alexis Ecarma

USCIS Temporary Office Closure

Press release from USCIS:

“To protect our workforce and to help mitigate the spread of Coronavirus Disease (COVID-19) in our communities, effective immediately, USCIS is suspending all routine face-to-face services with applicants at all of our offices, including all interviews and naturalization ceremonies.

“All USCIS field offices, asylum offices and Application Support Centers (ASCs) will not provide in-person services until at least April 1. This includes interviews, naturalization ceremonies and biometric collection appointments. However, we will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by this closure. We will send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies. All applicants will be rescheduled when USCIS resumes normal operations.

“USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

“USCIS will also automatically reschedule ASC appointments due to the office closure. Those impacted will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments at the field office must reschedule through theUSCIS Contact Center once field offices are open to the public again. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center.

“Additionally, USCIS is postponing all in-person public engagement and outreach events for the duration of the office closure. Please contact public.engagement@uscis.dhs.gov if you have an immediate engagement question during this time.

“Education and precautions are the strongest tools against infection. Get the latest facts by visiting the Centers for Disease Control and Prevention’s COVID-19 website. Continue to practice good health habits, refrain from handshakes or hugs as greetings, and clean hands and surfaces appropriately.

“USCIS will provide further updates as the situation develops and will continue to follow CDC guidance in response to this situation. Please visit uscis.gov/coronavirus for updates. “

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Rescheduling USCIS Appointments Due to the Coronavirus (COVID-19)

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USCIS has recently updated their website with the following notice:

“Rescheduling USCIS Appointments Due to the Coronavirus (COVID-19)

If you become ill for any reason, regardless of whether you were exposed to COVID-19, please do not come to appointments with any USCIS office. Please follow the instructions on your appointment notice to reschedule your appointment or interview if you:

  • Were in any country designated as a "level 3" by the Centers for Disease Control and Prevention (CDC) within 14 days of your appointment;

  • Believe that you may have been exposed to COVID-19 (even if you were not recently in any level 3 country); or

  • Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever).

Visit CoronaVirus.gov for a complete list of CDC travel health notices. Learn about the Department of Homeland Security’s response to the coronavirus on their Coronavirus (COVID-19) page.

We will help you reschedule your appointment without penalty when you are healthy. See this page for more information: If You Feel Sick, Please Consider Canceling and Rescheduling Your USCIS Appointment.”

Note from Russell Immigration Law Firm:

As a precaution and for the safety of everyone, if you have an appointment or consultation with our office and fall under the categories listed above, feel free to request a telephone or video-conference (Skype, Whatsapp, etc) appointment. We will do our best to accommodate your needs and ensure the safety of your family, our employees, and the community at large.

Proposed SB-1 Threatens Immigrants

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If passed, SB-1 will potentially set into motion additional anti-immigrant sentiment and actions in our state population that will negatively impact the immigrant community in the numerous ways discussed below. Additionally, SB-1 will further set back efforts to build support for pro-immigration legislation and policies in our communities.  SB-1 has the potential to create a very hostile, anti-immigrant environment that could have repercussions for all immigrants and their families for years to come.  Specifically, SB-1 will likely lead to the arrest and deportation of thousands of additional immigrants. Practically, it could actively turn thousands of KY residents against immigrants, making as many as possible defacto ICE agents who report any suspected “illegals” to the local, county and state police, and other public employees charged with “supporting the enforcement of our federal immigration laws.”  And because SB-1 specifically authorizes legal action against local, county and state officials who do not “use their best efforts….to support the enforcement of federal immigration law", they will be pressured to act on reports of all “illegals” in their respective jurisdictions. Reactionary politicians will most assuredly jump on board to "out-do the other" in efforts to rid our communities of “illegals” whom they will claim traffic in drugs and engage in cartel violence.  Reactionary politicians are already using the recent Courier Journal article on the drug trafficking and related cartel violence of “El Mencho” and his associates as reason we all must be afraid and rid our communities of the scourge of “illegals” that threatens our safety and decency. Little concern is given to the fact that the recent arrivals into the U.S are in most cases women and children who are actual victims or potential victims of the most vicious, shocking and inhumane cartel violence in their own communities.

 Below are some of the most egregious aspects of the SB-1:

 1.  Certain large municipalities and smaller jurisdictions could face injunctions for failure to support enforcement of federal immigration laws.  Some jurisdictions have policies, written or otherwise, that do not authorize the arrest of undocumented individuals which law enforcement officers encounter on a daily basis, including those cited for minor traffic violations such as speeding or failure to stop at a stop sign. Under current policy under some jurisdictions, as long as a person has an ID issued by a government entity, even a foreign entity, the person stopped will be given a ticket and allowed to proceed.  The person stopped is not asked to produce documentation to verify legal status, and the police officer is not authorized to contact ICE, or told to act as a defacto ICE officer and arrest the person for not having authorization to remain in the U.S.  Under SB-1 these jurisdictions would likely be sued for not promoting the ”enforcement of federal immigration law.”  Already overburdened courts and jails would be forced to spend time and resources enforcing immigration laws. 

 2.  Undocumented parents applying for legally authorized benefits for their US citizen children could face arrest and detention on notification to ICE by agency employees. This provision of SB-1 will enable state, county, and local agency employees to contact ICE regarding a suspected undocumented parent who applies on behalf of a U.S. citizen child to obtain legally guaranteed benefits under state or national law.  An agency employee could potentially identify parents who are likely undocumented by the information provided on the forms, or who verbally provide information to an agency employee indicating they are undocumented. In the past certain agency employees have created obstacles by obfuscation, noncooperation, even using threats to report an undocumented parent who seeks to secure certain legally guaranteed benefits for their U.S. citizen children.  SB-1 will allow these individuals to legally report to ICE suspected undocumented parents who appear before an agency.  This will have a chilling effect on undocumented parents who could face arrest if they are reported to authorities. Further, their children would be unable to secure the needed benefit, even benefits required for the heath and continuing life of the child. I personally have had clients who encountered such agency employees who tried to stop parents of U.S. citizens from obtaining these benefits through threats and other unlawful actions.  Under SB-1, such acts would no longer be unlawful.  They would be protected and encouraged.

 3.  Passage of SB-1 will very likely unleash pent-up resentment and hatred of some Kentucky residents toward undocumented immigrants.  Even today there are individuals in our state who see it as their responsibility to report to police individuals in their community who they suspect are undocumented.  In a number of cases involving former clients, they were told that a person in the community contacted the local police, who arrested/detained them, which led to their arrest by ICE.  Having practiced immigration law for over 31 years I’m sure this or similar fact patterns has led to arrests of many other undocumented individuals. SB-1 will unleash a racially charged and hyper-nationalistic atmosphere where suspected undocumented individuals could be “informed on,” leading to many more arrests of undocumented individuals and their families.  SB-1 could also promote the wholesale targeting of primarily immigrant neighborhoods and communities by a small number of resentful and hateful citizens wanting to support “enforcement of our immigration laws” by calling their local officials to contact ICE and have suspected undocumented individuals arrested and removed from the U.S. to “protect our communities.” The irony of this demand is that in many cases forcing these individuals to return to their communities from which they fled would amount to a death sentence, as they fled due to threats from gangs and cartels that would seek revenge for ignoring their demands. An atmosphere of turning on one's neighbors is likely, similar to that encouraged in Nazi Germany to arrest Jews and other “undesirables." Or the atmosphere in the U.S. when African American supporters  of Reconstruction were called out, arrested and murdered for encouraging the right to vote and running for office.

 4.  The regimen allowed under SB-1 could lead to the unlawful arrest of individuals merely on suspicion of undocumented status, including those who have authorization to remain in the U.S.  SB-1 allows a state agency employee to “use their best efforts to support the enforcement of immigration laws.”  What does that actually mean? What "best effort" actions are agency employees allowed to undertake under the law? Contacting ICE on their own?  Will an agency be required to set up procedures for employees to contact ICE? Will they try to ascertain the person’s unauthorized status before contacting ICE?  How is unauthorized status determined by the agency employee?  If the employee assumes unauthorized status, will the suspected unauthorized individual be required or told to wait until a police officer or ICE officer arrives?  What if the person refuses to do so?  Can the agency employee take steps to stop the person from leaving, such as locking a door to restrict movement, or make threats against their safety?  Could the agency employee physically stop the person from leaving?  Make a citizen arrest? SB-1 opens a Pandora's box of potential previously unlawful and even dangerous activity.  Considering our ever-expanding open carry laws in certain public locations, the possibilities are absolutely frightening.

 5.  Those seeking to arrest and detain individuals for suspected undocumented status, including law enforcement officers and others, are clearly unqualified to make a determination about unlawful status.  According to legal scholars, immigration law is one of the complicated areas of U.S. law, with many thousands of pages of statutes, regulations, agency written policies and procedures stemming from each of the three major government agencies (USCIS, CBP and ICE) tasked with interpreting, applying and enforcing immigration law.  Enforcing immigration law requires a thorough knowledge not only of immigration law, but also understanding how immigration law intersects with and is impacted by numerous other areas of law, such as criminal law, constitutional law and administrative agency law.  Further, enforcing immigration laws require an understanding of relevant interpretations of immigration laws and regulations, issued by U.S. District Courts, U.S. Circuit Courts and the U.S. Supreme Court.  What this means is that making a decision to determine whether a person should be arrested, detained and given over to ICE for detention and possible removal, is a very complicated one.  Consequently, giving authority to a person who has a mere suspicion or scant knowledge of a person’s status, or acts without a legal understanding of a person's status, is profoundly reckless.

 6. If SB-1 becomes law, it is very likely that individuals who are legally authorized to remain in the U.S., including Permanent Residents and US citizens, will be unlawfully detained, arrested, and possibly deported. Appearance and lack of English fluency are often assumed indicators of an undocumented person by those unfamiliar with the immigrant community and immigration laws.  However, naturalized citizens are not required to carry any documentation to indicate their citizenship.  And naturalized citizens are not required to maintain even minimal English fluency. Some naturalized citizens who were Permanent Residents for 15-20 years or more are not even required to learn English to pass the naturalization test.  And many citizens who are born in the U.S. do not learn English sufficiently, nor are they required to do so.  Consequently, this has led to a number of U.S citizens being mistakenly deported to their assumed country of birth by ICE.  Additionally, while Permanent Residents are required by law to carry proof of their status, this is not true of those who have entered the U.S. lawfully in one of the many immigrant visa statuses, and remain lawfully for many years in that status.  

 7.  Under SB-1 many undocumented individuals who are authorized to remain in the U.S. could mistakenly face arrest, detention, and possible removal.  Many people are lawfully present in the U.S. even though they have entered without inspection.  For example, individuals in immigration court proceedings, who previously entered without inspection, are allowed to remain in the U.S. while their proceedings continue, and longer, if appeal is filed with the BIA or US Circuit Court of Appeals.   Others who are out of status but have filed an application for extension of current visa status, or filed for asylum, TPS, or any other status for which they were eligible and remain waiting for adjudication, are very likely lawfully present in the U.S. ICE of the USCIS may have granted qualified undocumented individuals a “humanitarian” stay of removal for reasons based on family hardship, or likely persecution, if returned to their home country.  Some undocumented individuals are considered “stateless" and unable to return to any country to live.  In other cases individuals are lawfully present under a rule or policy issued by the Attorney General or a surrogate.  Some of the above individuals may have proof in their possession of their lawful authorization to remain in the U.S.  Others may not.  In some cases the proof of authorization to remain may appear confusing or unclear.  But an agency employee or police officer is very likely without knowledge of the intricacies of immigration law to make a proper decision regarding a person’s authorization to remain in the US.  Without that knowledge the suspected unauthorized individual will likely suffer unlawful arrest, detention and, in the worst case, improper removal from the U.S.  Those removed will lose their jobs, contact with friends, family and children in the U.S.  Many will face living in a country for which they have been absent from for many years, or have no discernible memory of ever living there.  In the worst case they could suffer removal to a country where they fear for their safety and even their lives. Academic scholars have reported that people living in the U.S. for many years when returning home face immediate targeting by gangs and cartels who assume they have money for extortion.  Or they have useful skills gangs and cartels could use in their illegal activity. They are forced to join or face death.  

 8.  SB-1 will likely lead to numerous suits filed on behalf of those unlawfully arrested, detained and possibly removed from the U.S.  Many years ago ICE initiated the 287(g) program (under 237(g) of the INA). This program allowed the brief “training” of police officers in certain communities to enforce immigration laws.  As a result of many abuses made by of these officers, primarily due to insufficient training and supervision, the program was plagued with charges of racial profiling and civil rights violations.  Localities were sued and very large legal settlements were won, incurring significant taxpayer loses. Eventually 237(g) was significantly curtailed during the Obama Administration, but it was revived by the Trump Administration.  SB-1 will likely produce worse results considering the lack of training of those encouraged to support enforcement of federal immigration laws. This reckless bill could repeat the same mistakes of ICE’s 287(g) program with localities forced to pay large sums for violating the constitutional rights of immigrants.

9.  SB-1 is so provocative and reckless that it will likely increase racial and national hatred and further divisiveness among Kentucky residents.   SB-1 could appropriately be labeled the “KY Hate Your Neighbor Bill” or “KY Turn in Your Neighbor Bill.”   SB-1 may rank as one of the more provocative of any immigration bill filed in a state legislature in the past couple of decades. Therefore, it deserves a label defining the actual purpose and inevitable consequence of the legislation. A number of years ago we organized a large, statewide coalition to defeat SB-6, at that time the most egregious and reactionary piece of legislation proposed in any state.  It was worse than the infamous Arizona “Show Me Your Papers Bill.” And it rivaled the more infamous Alabama anti-immigration bill. This bill intends a similar (disastrous) outcome. 

— Contributed by Ron Russell

Thank You to Our 2019 Summer Interns

Russell Immigration Law Firm would like to express gratitude to our interns for the 2019 summer. Both Dean and Netra always had smiling faces and tackled all tasks given to them efficiently and effectively. Thank you both for your hard work and dedication!

Netra Rastogi

Dean Farmer

During his summer internship, Dean worked diligently on multiple complex cases, including I-601A Waivers and Applications for Cancellation of Removal. He demonstrated excellent research abilities in foreign laws, country conditions, and criminal records searches. Dean provided valuable feedback on briefs, research, and hearings.

“I was extremely fortunate to have worked with the incredible attorneys and paralegals at RILF throughout the past summer. I learned to understand the complex and rapidly changing U.S. immigration system, while also getting firsthand experience working on cases, communicating with clients, and attending court. Needless to say, I am tremendously grateful for the opportunities I was given at RILF.”
— Dean Farmer

Netra spent her summer providing invaluable assistance throughout a range of cases at our firm. She is multilingual and used her talents to translate essential documents. Netra also completed research for I-601A waivers and court related cases, and helped complete online applications for immigrant visas.

“I truly enjoyed my experience working with everyone at RILF. Being able to meet such amazing families and people, and actually be able to help them, was a truly life-changing experience. I am so grateful for the opportunity to learn more about this complex field of the law while also getting to use my passions for good. ”
— Netra Rastogi

Insider Louisville Article - In ICE’s path: ‘When they first arrested me, I thought I was done’

Read about the efforts of immigration attorneys and the community to help undocumented people in our area, including the positive effects of the “Immigration Law Boot Camp” hosted by the Louisville Bar Association’s human rights section and the Louisville Urban League held in Louisville, KY last year. Ted Farrell and Duffy Trager were among several advocates interviewed for this story.

Beshear Warns of Widespread ‘Suspended’ Social Security Number Scam

FRANKFORT, KY. (March 6, 2019) – Following a warning to Kentuckians earlier this year about a surge in scams through tax season, Attorney General Andy Beshear said there are widespread reports of ‘suspended’ Social Security number scams.

“This tax season scammers are working overtime to steal Social Security numbers, identities and tax refunds,” said Beshear. “As the Social Security scam continues to spread and claim victims, I want Kentuckians to know they should never hesitate to hang up on a caller who asks for their Social Security number – no matter who they say they are.”

A Jefferson County resident recently received the scam call, which appeared to be from an actual Social Security Administration (SSA) phone number. The scammer claimed the victim’s Social Security number had been suspended due to suspicious activity and to use her Social Security number again she must verify it and other personal information or risk arrest.

Over the past six months Beshear’s office has received nearly 20 formal complaints of Social Security scams from Kentuckians in Boone, Breckenridge, Calloway, Campbell, Clark, Fayette, Hardin, Harrison, Henderson, Jefferson, Laurel, Letcher, Metcalfe, Spencer and Trigg counties.

The scam was also recently reported by the Muhlenberg County Sheriff’s Office.

Reports of the scam are also occurring across the country, including in Florida, Georgia, Illinois, Michigan, Mississippi and Ohio.

Beshear said the scam is so widespread that the Federal Trade Commission issued an alert after more than 35,000 people reported the scam last year with financial losses totaling more than $10 million, compared to $210,000 in 2017.

Beshear’s Office of Senior Protection and Mediation asks Kentuckians to follow these tips to help avoid Social Security scams, which can lead to identity and tax refund theft:

  • Hang up on anyone who calls you and asks for your Social Security number, bank account information or credit card number.

  • Know that the SSA is not suspending your Social Security number, nor will they call and threaten you or demand money.

  • Do not trust a caller ID, as scammers use technology to spoof valid phone numbers. To verify any suspicious call contact the real SSA at 1-800-772-1213.

Victims of a Social Security scam may also find out that the scammer used the information collected over the phone to file a tax return and claim a fraudulent refund. The victim only becomes aware of this crime when they are unable to file their own taxes because the scammer already used their Social Security number to file.

Kentuckians who have experienced tax-related identity theft should follow guidance provided on the IRS website, which includes filing a complaint at identitytheft.gov and placing fraud alerts on credit records.

To report scams to the Social Security Administration’s Fraud hotline dial 1-800-269-0271, and visit Beshear’s website to file an online consumer complaint.

One of Beshear’s top priorities is to protect Kentucky consumers, especially seniors, from scam phone calls.

Beshear, joining 53 of the nation’s attorneys general, sent a letter to the U.S. Senate yesterday to urge the passage of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. The attorneys general say the legislation would require voice service providers to participate in a call authentication framework to help block unwanted calls and create an interagency working group to take additional actions to reduce scam calls and hold telemarketers and robocallers accountable.

Since taking office, Beshear’s scam protection team has returned more than $2 million back to Kentuckians who were victimized by businesses or con artists.

Beshear encourages Kentuckians to use the National Do Not Call Registry provided by the FCC and to report scam calls via his office’s online form.

To help Kentuckians stay ahead of scammers Beshear launched Scam Alerts. To enroll in the scam warning system, text the words KYOAG Scam to GOV-311 (468-311) or online at ag.ky.gov/scams and select text message or email alert.

Source: https://content.govdelivery.com/accounts/KYAG/bulletins/2348cd4

Thank You to Our 2018 Summer Interns

Russell Immigration Law Firm would like to thank our Summer Interns for their hard work and the assistance they provided over the summer semester. 

Gianna Bennett

Gianna Bennett

Gianna recently graduated from Hanover College this May, receiving a Bachelor of Arts in Anthropology. This February 2019, Gianna will begin serving with the Peace Corps as an English Co-Teacher and Life Skills Facilitator in Panama. Her duties will include teaching English to elementary school students and organizing community programs promoting health consciousness, youth leadership, and success in professional and educational settings. While interning at Russell Immigration Law Firm, Gianna contributed to applications for asylum, waivers, residency, and citizenship as well as fiancé, marriage, and relative petitions for clients and their families. Gianna also helped with closing cases and completed research for open cases.

“I feel honored to have learned from and worked alongside the passionate attorneys and paralegals at Russell Immigration Law Firm. My experiences observing court, contributing to cases, and attending meetings between attorneys, ICE, and USCIS allowed me to better understand some of the biggest issues immigration faces today. I am also grateful for the chance to improve my critical writing and reading skills, Spanish competency, and cultural awareness of immigrant and refugee communities. I am confident I can apply these experiences during my 27 months in Panama serving local schools and communities.”
— Gianna Bennett
Sarah Simon

Sarah Simon

Sarah is starting her Senior year at the University of Louisville this fall, majoring in Political Science and Spanish. She hopes to attend Law School after graduation to pursue Immigration Law. While interning at Russell Immigration Law Firm, Sarah assisted with multiple applications for Provisional Waivers of Unlawful Presence, Immigrant Visa Applications, translating documents, and appointment reminders for clients. She also helped with research for asylum cases in El Salvador and Jordan.

“Interning at RILF confirmed my desire to pursue immigration law; it was inspiring to be surrounded by such hardworking attorneys and paralegals that taught me a lot about the complexities of immigration law. I was motivated by the passion and diligence that everyone at RILF had during an increasingly tumultuous time for immigration.”
— Sarah Simon

Thank You to Our Fall Intern

Russell Immigration Law Firm would like to thank our Fall Intern, Noah Hamant, for his hard work and great disposition.

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Noah recently graduated from the University of Louisville as a Political Science major, with minors in Spanish and Philosophy. He plans to attend Law School this coming Fall. Congenial and always willing to help, Noah provided invaluable assistance in asylum cases for a Central American teenager and a Colombian human rights activist. Noah was also very helpful  during our transition to our new office building, ensuring our clients received notice of the move.  

“During this chaotic time for immigration, I was glad to learn from and work with the passionate lawyers and paralegals at RILF. Through the internship I gained firsthand experience with this complex side of the law before law school and an understanding of the vigor it takes to go through the process of immigrating.”
— Noah Hamant

ICE Plans a Dramatic Surge in Workplace Raids

On Tuesday, October 17, 2017, ICE Acting Director Thomas Homan gave an unofficial talk to the conservative Heritage Foundation. (http://www.cnn.com/2017/10/17/politics/ice-crackdown-workplaces/index.html) In the talk, he said in 2018 ICE will increase workplace enforcement by four or five times over current levels. He also said any employees unlawfully present in the United States who are encountered during the enforcement actions (workplace raids), will be detained and processed for removal.

The Obama administration prioritized abusive employers who exploited workers and/or engaged in other serious criminal activity rather than workers themselves, and conducted workplace raids far less frequently than previous administrations.  Mr. Holman’s statement this week indicates the Trump administration will aggressively target both employers and workers.

Although this is an alarming policy change, ICE is limited by its current financial resources and amount of bed space in jails. The amount of detention space ICE currently has is far less than would be needed for large-scale raids and huge increases in the number of people detained.

The Trump administration is already moving to dramatically increase the amount of detention space. An internal White House memo leaked to the media in April 2017 declared that the Department of Homeland Security (DHS) had already located 33,000 additional detention spaces.  ICE is seeking 4,000 more detention spaces in Chicago, Detroit, St. Paul, Salt Lake City and south Texas, and awarded a $457 million contract to the GEO Group, a company that runs private prisons across the country.

What can we do about this?

It is also of critical importance that we prepare ourselves and our community so we know what to do – and what our rights are – if caught up in a raid.

What is a workplace raid?

A workplace raid is when Immigration and Customs Enforcement (ICE) comes to a business where it believes people are working unlawfully. Since numerous ICE officers are present for these actions, a raid can cause chaos and panic.

Workplace raids are usually unpredictable, but sometimes ICE will give an employer notice. The officers may come with a warrant signed by a judge, or they may simply walk into the business.

ICE officers may ask to speak to one specific person – for example, a manager – just so they will be granted permission to enter the business. They usually claim to be looking for specific individuals, sometimes even claiming that those sought are dangerous criminals. Once inside, however, ICE will question (and potentially detain) everyone present who cannot demonstrate lawful immigration status.

What do I do if ICE comes to my workplace?

It is always important to be prepared and to have a plan in place in case you are present during a workplace raid. Here are some of our recommendations:

  1. Do not run – If you run to try to escape, the immigration officers will see this as you admitting that you have something to hide. Additionally, more ICE officers are usually waiting outside any exits and you will be immediately apprehended.
  2. Do not open the door – Just like if an officer came to your home, you do not have to open the business’s door unless you are in a public place or the officer has a warrant signed by a judge. Your boss may give the officer permission to come into the business.  
  3. Do not show any fake documents and do not lie!
  4. Don’t take your foreign ID with you when you go to work. (i.e. Matricula Consular)
  5. Remember: You have the right to remain silent and to speak with an attorney – Carry a “know your rights” card which you can give to the officers without speaking. Write the name and phone number of your lawyer on that card. If an officer continues to ask you questions, tell them, “I am exercising my right to be silent. I want to talk to my lawyer.”
  6. Do not sign any documents without talking to a lawyer – You are not required to sign any documents from ICE without discussing the consequences with an experienced immigration lawyer.
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What are the rights and responsibilities of my employer?

  1. The National Immigration Law Center’s National Employment Law Project has some suggestions for how employers can prepare for raids:
  2. Make a written plan of action to prepare for a workplace raid.
  3. Provide a “Know Your Rights” training for your employees, which will train staff to:
    • Stay calm and not run away from the officers
    • Not to give ICE officers permission to enter the business unless they have a warrant signed by a judge
    • Stay silent and ask to speak with a lawyer
  4. Provide a list of local immigration lawyers, including low-cost immigration organizations.
  5. Exercise your right as an employer to remain silent and to ask to speak with an attorney.
  6. Clearly mark private areas of your business, such as kitchens, as PRIVATE, and refuse to allow officers into those areas without a warrant signed by a judge.
  7. Connect with an immigration response network in your area, like Alerta Roja in Louisville.

Source: https://www.nilc.org/wp-content/uploads/2017/07/EmployerGuide-NELP-NILC-2017-07.pdf

 

Thank You to Our Summer Interns

Russell Immigration Law Firm would like to thank our Summer Interns for their hard work and the assistance they provided over the summer semester. 

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Samuel Lukens

Sam is starting his Senior year at Centre College this fall, majoring in Spanish and Politics. Upon graduation, Sam plans to attend Law School. While interning at Russell Immigration Law Firm, Sam demonstrated initiative and provided valuable assistance in preparing evidence packets for submission to USCIS, served as a translator, and assisted in filing several applications for Deferred Action for Childhood Arrivals (DACA). Sam also helped with text message reminders, closing cases, contacting clients to relay important messages and completed research for an asylum case.

“The internship gave me valuable insight into immigration law and procedure, and the attorneys and paralegals guided me even further along my path to attending law school.”
— Sam Lukens
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Diana Rudic

A child of immigrant parents from the former Yugoslavia, Diana is now a Junior at the University of Louisville, majoring in Economics, Political Science and Psychology, with a minor in French. During her period at Russell Immigration Law Firm, Diana assisted with multiple applications for Provisional Waivers of Unlawful Presence, thus helping many immigrants in their path to legalization. Diana also completed research for an asylum case for a young teenager from Central America.

“Interning at RILF not only provided me with valuable insight on the complexities and ever-changing nature of immigration law, it also allowed me to look beyond the legal scope and delve into the personal side of law. The perspective I gained throughout my experience— from the stories I heard to the people I met— was both humbling and emboldening, serving as a reminder of the importance of compassion, empathy, and conversation.”
— Diana Rudic