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 - continued (page 10) Written by Marty Deputy, Director of the International Center
Do not depend on any one source for information. Make informed decisions. Where can you find the information you need? Family: Talk things over with your family before you make a big decision. Ask family members for advice and information, but do not stop here. Friends: Ask friends who are successful. Different friends have different information. Churches: Leaders and friends at church care about you. Agencies: Use an interpreter if you need one. Friends, family, or the International Center can provide interpreters. Many agencies have bilingual staff. Under Title VI of the Civil Rights Act any service provider funded under Health and Human Services is required to provide an interpreter for you. Here are some agencies that can help you: - Health Department (Habla Espanol)
781-2490
Health information, vaccinations, physical examinations, medical care
- International Center (Habla Espanol)
781-8336 or e-mail deputyref@aol.com
Economic literacy and advocacy, English classes, home buying classes, immigration assistance, interpreting, advocacy, social adjustment
- Medical Center
781-2150
Surgery, emergency services
- Kentucky Manpower Services
746-7425
Help finding permanent jobs
- Food Stamp Office
746-7850- Food stamps, cash assistance, Medical Card
- Bowling Green Human Rights Commission
- 782-7900 or e-mail BGHRC@aol.com
- Works against discrimination and help protect your rights
- Bureau for Social Services
- 746-7447
- Keeps families together, protects children, assists parents
- Social Security Administration
- 842-5691
- Social Security Cards, cash assistance for old and disabled
- Internet: Learn to use the Internet. An unbelievable amount of information can be found on the Internet. It is possible to buy an Internet appliance for $500-600. Most children learn to use the Internet at school. Altavista will translate English to Spanish for you. Try it! You will save hundreds of dollars on telephone calls to your home country. Call for Edith or Cecilia at the International Center (781-8336). They can teach you about using the Internet and e-mail. Your church or your English program may also teach you to use the Internet.
The following offices are always ready to answer the phone and help direct you through a crisis: - Alcohol Abuse Hotline: 1-800-444-9999
- Barren River Area Safe Space: 843-1183
- Child Abuse: 1-800-752-6200
- Domestic Violence Hotline: 1-800-799-7233
- Drug Help Line: 1-800-378-4455
- Lifeskills Help Line: 843-4357
- BRASS (spouse abuse shelter) 843-1183
- Housing Authority 843-6071
- Salvation Army 843-3485
- Legal Assistance
- Cumberland Trace Legal Services 781-1924
- Other
- Emergency 911
- Telephone Information 393-4244
The following information explaining an individual's legal rights is provided courtesy of the National Lawyers Guild. All recommendations and opinions expressed herein were drafted by the National Lawyers Guild, which is solely responsible for its content:
The Right to Advocate for Change. The First Amendment to the U.S. Constitution protects the rights of groups and individuals who advocate changes in laws, government practices, and even the form of government. The Right to Remain Silent. The Fifth Amendment of the Constitution provides that every person has the right to remain silent in the face of questions posed by any police officer or government agent. The Right to be Free from "Unreasonable Searches and Seizures." The Fourth Amendment is supposed to protect your privacy. Without a warrant, no government agent is allowed to search your home or office, and you can refuse to let them in. Know, however, that it is easy for the government to monitor your telephone calls, conversations in your office, home, car, or meeting place, as well as mail. E-mail is particularly insecure. The government has already begun stepping up its monitoring of e-mails. Constitutional rights cannot be suspendedeven during a state of emergency or wartime.
- You do not have to talk to the police, FBI, INS, or any other law enforcement agent or investigator. Other than providing your name and address to a police officer who is investigating a crime, you are not legally obligated to talk to anyone: on the street, at your home or office, if you've been arrested, or even if you're in jail. Only a judge has the legal authority to order you to answer questions.
- You do not have to let police or other law enforcement agents into your home or office unless they have a search warrant or arrest warrant. Demand to see the warrant. The warrant must specifically describe the place to be searched and the things to be seized. If they have a warrant, you cannot stop them from entering and searching, but you should still tell them that you do not consent to a search. This will limit them to the scope of the search authorized by the warrant.
- If they do present a warrant, you have the right to monitor their search and activities. You have the right to observe what they do. You have the right to ask them for their names and titles. Take written notes including their names, badge numbers, and what agency they are from. Have your friends who are present act as witnesses. Give this information to your lawyer. A warrant does not give the government the right to question, nor does it obligate you to answer questions.
- If the police, FBI, INS, or anyone else tries to question you or tries to enter your home without a warrant, just say no! Police and other law enforcement agents are very skilled at getting information from people. Many people are afraid that if they refuse to cooperate, it will appear as if they have something to hide. Don't be fooled. And keep in mind that lying to a federal agent is a crime.
- If you are stopped on the street, ask if you are free to go. If you are stopped by the police, ask them why. If they do not have a good reason for stopping you, or if you find yourself chatting for more than about a minute, ask ""Am I under arrest, or am I free to go?" If they do not state that you are under arrest, tell them that you do not wish to continue speaking with them and that you are going to go about your business. Then do so.
- Anything you say to the police, FBI, INS, etc., will be used against you and others. Once you've been arrested, you cannot talk your way out of it! Don't try to engage the cops in dialogue or respond to their accusations.
- The FBI may threaten you with a grand jury subpoena if you don't talk to them. They may give you a subpoena anyway, so anything you tell them may permit them to ask you more detailed questions later. You may also have legal grounds to refuse to answer questions before a grand jury. If you are given a grand jury subpoena, you should call a lawyer immediately (see contact information at the end). Tell your friends and movement groups about the subpoena and discuss how to respond. Do not try to deal with this alone.
- If you are nervous about simply refusing to talk, tell them to contact your lawyer. They should stop trying to question you once you announce your desire to consult a lawyer. You do not have to already have one. Remember to get the name, agency, and telephone number of any investigator who visits you, and contact the National Lawyers Guild for help getting a lawyer.
If your home or office is broken into, or threats have been made against you, your organization, or someone you work with, share this information with everyone affected. Take immediate steps to increase personal and office security. You should discuss with your organization and with a lawyer whether and how to report such incidents to the police and the advisability of taking other legal action. If you decide to make a report, do not do so without a lawyer present.
Prudence is the best course, no matter whom you suspect, or what the basis of your suspicion. Do not hesitate to confront suspected agents politely, in public, with at least one other person present, and inquire about their business. If the suspect declines to answer, he or she at least now knows that you are aware of the surveillance. If you suspect government agents are monitoring you, or are harassing you, report this to the National Lawyers Guild.
- You do not have to reveal your immigration status. The police may not honor local sanctuary ordinances, and the fact that the INS obtained your name in violation of a sanctuary ordinance will NOT prevent you from being deported.
- Foreign nationals who are arrested in the U.S. have the right to call your consulate or to have the police inform your consulate of your arrest. The police must allow your consul to visit or speak with you. Your consul might assist you in finding a lawyer or offer other help, such as contacting your family. You also have the right to refuse help from your consulate.
- Do not talk to the INS, even on the phone, before talking to an immigration lawyer. Many INS officers view "enforcement," meaning deporting people, as their primary job. They do not believe that explaining immigration options is part of their job, and most will readily admit this. (Noncitizens who are victims of domestic abuse should speak with an expert in both immigration law and domestic violence.) A noncitizen should always speak with an immigration law expert before speaking to the INS either in person or by telephone.
- Know and assert your rights! All noncitizens have the following rights, regardless of your immigration status:
The right to speak to an attorney before answering any questions or signing any documents; The right to a hearing with an Immigration Judge; The right to have an attorney at that hearing and in any interview with INS (however, you do not have the right to a free, government-paid lawyer); and The right to request release from detention, by paying a bond if necessary.
Noncitizens must assert these rights. If you do not demand these rights, you can be deported without seeing either an attorney or a judge. Leaving the U.S. in this way may have serious consequences for your ability to later enter or to gain legal immigration status in the U.S. Talk to an immigration professional or an immigration lawyer before leaving the U.S. Anyone not a U.S. citizen may be barred from coming back to the U.S. if they fall into certain categories. This includes some lawful permanent residents and applicants for green cards. Some noncitizens that have been in the U.S. without INS permission may be permanently barred from re-entering. In addition, some noncitizens who leave the U.S. and return with INS permission may be swiftly removed from the U.S. if they end up in immigration proceedings.
- National Lawyers Guild
- National office: (212) 627-2656
- http://www.nlg.org/
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- National Immigration Project
- (617) 227-9727
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- Immigration Law Center
- http://www.nilc.org/
Due to the tragic events of 2001 and the current political situation, if you are not a U.S. citizen, the law requires you to carry proper ID at ALL times. The "Alien Registration Act" requires a non-U.S. citizen to carry EITHER their Green Card, Form I-94, work permit (Form I-688), or other acceptable proof of "Alien registration." Failure to do so is a misdemeanor, punishable by a $1,000 fine or 30 days in jail. The INS is enforcing this, particularly against persons from countries with a high Muslim population. If you have questions, ask attorney David E. Funke.
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