Immigration laws continue to evolve under the administration of Trump, creating a complex, confusing and fearful environment for undocumented immigrants in New York.
Despite recent changes, including the mayor’s policy settings on how to handle ICE visits to local schools, shelters and hospitals, immigrants still have specific rights designed to protect them from unfair actions by migratory control agencies.
The recent actions of the Adams administration, including its frequent meetings with the border tsar designated by Trump, together with broader federal policies, have generated concern among the defenders of immigrants rights.
One of the main concerns is the new directive that increases the probability of arrests by ICE in places such as shelters, hospitals and other properties of the city. The Legal Aid has strongly condemned this change in policy, stating that it undermines the laws of Sanctuary of New York City and could deter individuals and families from accessing vital services.
«This new directive is clearly a maneuver to evade Sanctuary laws of New York City and will deter individuals and families from accessing shelters, medical care and other essential services. It also undermines the fundamental confidence between the city workers and the populations they serve, putting public health and security at risk, ”said a representative of the legal aid society.
«This policy change is alarmingly aligned with recent federal migratory control actions that eliminate protections for sensitive places such as hospitals, schools and places of worship. Measures such as these erodes the security of these institutions and generate a generalized fear in immigrant communities, ”added the spokesman.
The defenders are actively urging Mayor Eric Adams to terminate the directive, reaffirming New York’s commitment as a sanctuary. The New York working families party has also condemned the mayor’s actions, expressing that Adams “tried to intimidate city workers to open the doors of our schools and hospitals to ICE, betraying immigrant communities.”
Hasan Shafiqullah, lawyer for the legal aid society, explained the current situation and the rights available for undocumented immigrants, pointing out the amplitude of the priorities of application of the immigration law.
“Any person who is not a American citizen could be at risk, either because it is undocumented or because it has status, but maybe he has done something that now makes it deportable,” Shafiqullah told Amnewyork Metro. «It’s not just because someone has a criminal conviction that will be ICE. Currently, anyone and everyone are being target of these actions ».
In recent months, ICE representatives have supposedly appearing in workplaces and increasing traffic controls, according to Shafiqullah. In outside the home, the team reminds people who have the right to ask questions or keep silent.
«If I am in public, I must ask: ‘Am I free to leave?’ If they say I’m not under arrest, I’m free to leave. I have the right to get away in a quiet and educated way. I don’t have to answer any questions, ”he explained.
«I have the right to remain silent. I have the right not to give my name. I have the right not to say my country of origin. I don’t have to disseminate information that can provide them with measures against me ».
Shafiqullah also addressed the issue of expedited deportation, which can affect the rights to due process of an individual. Expedited deportation is a process in which a person can be deported without seeing a judge. Often applied to those who are found near the border, have pending deportation orders, have committed fraud or have falsely claimed to be American citizens.
«People really need to educate and know their rights. It is useful that they know the difference between a court order and an administrative order, ”he said. “It is important to know what they are seeing, because if it is a court order, we do not want the door to be demolished.”
Shafiqullah encourages everyone to remain informed about changes in migratory policies that may affect the rights of undocumented immigrants, to get involved with local organizations for immigrants to advocate policies and protections, and to disseminate information about immigrants in their communities or social networks.
Organizations such as the Legal Assistance Society and the Union of Civil Liberties in New York share online resources to continue educating New York.
Key rights for undocumented immigrants in New York
Understanding migratory rights is the first step to protect against possible abuses by immigration and customs control (ICE). Here is a summary of essential rights:
• Immigrants have the right to remain silent if they are approached by an immigration agent. They are not obliged to answer questions about their status or to provide identification.
• ICE agents cannot enter their home without an order issued by a judge. If ICE appears at their door, they are not obliged to open it and can ask that the order be slid under the door to verify its authenticity.
• Migrants have the right to refuse to answer questions. If they are asked about their immigration status, they can simply say: “I have the right to remain silent.”
• American citizens are not obliged to show migratory documents. As an undocumented person, they can refuse to provide any documentation or information about their status.
• If Ice the arrest, they have the right to request a lawyer and to remain silent until they talk to one. Immigrants have no right to a public lawyer, but they can hire a private lawyer.
• Non -citizens have the right to contact their consulate if they are arrested. Police must allow consular officials to visit or talk to them if they wish.
