(A)  Advice Not To Discuss Immigration Situation With Authorities.  In addition to the standard criminal defense advice, it is important to tell the client not to discuss his or her immigration situation, birthplace, or manner of entry into the U.S. and the like with anyone including probation officers and agents of the DHS.  Sometimes immigrants mistakenly assume probation officers are attorneys and tell them too much.  (The client, of course, should discuss the facts of the offense, as well, only with counsel.)

 

                The client’s privilege against self-incrimination covers immigration status, since certain immigration violations carry criminal penalties.[101]  Persons who have entered the U.S. after having previously been deported should definitely not talk with the INS or border patrol.  In the face of the client’s silence, the DHS may be unable to meet the burden of proof in deportation hearings.

 

                Counsel should make sure the client has not signed a voluntary departure agreement (DHS Form I-274),[102] and should advise the client not to do so.  If the client has done so, the client or attorney can attempt to revoke the request for voluntary departure.  An immigration attorney can advise on this.

[101] E.g., Bong Youn Choy v. Barber, 279 F.2d 642 (9th Cir. 1960); Estes v. Potter, 183 F.2d 865 (5th Cir. 1950).

[102] See § § 15.29-15.33, infra.

KNOW YOUR RIGHTS RESOURCES
- A "Know Your Rights" flyer published by Casa de Maryland, the National Immigration Project of the National Lawyer's Guild, and Detention Watch Network at http://www.immigrationadvocates.org/link.cfm?18732 (available in English and Spanish). - A flyer by the ACLU of Southern California on "rights and responsibilities" for a person who is stopped by the police at http://www.immigrationadvocates.org/link.cfm?18733 (also available in Spanish). - A folder on "Know-Your-Rights" materials, including flyers in nine languages, at http://www.immigrationadvocates.org/link.cfm?17964. - A folder on Motions to Suppress, including manuals, sample pleadings, a checklist, and court decisions at http://www.immigrationadvocates.org/link.cfm?18734. - "Planning Effective Know Your Rights Presentations for Communities Facing Immigration Enforcement," which provides practical steps that communities can engage in before, during and after an enforcement action at http://www.immigrationadvocates.org/link.cfm?18104. Immigrant Legal Resource Center The Immigrant Legal Resource Center (ILRC) offers a guide for undocumented youth living in the United States at http://www.ilrc.org/files/youth_handbook_english_0.pdf. National Immigration Project of the National Lawyers Guild The National Immigration Project of the National Lawyers Guild provides a fact sheet on Secure Communities at http://www.nationalimmigrationproject.org/community/SC%20factsheet%20NIP%20general%202011.pdf. National Immigration Law Center The National Immigration Law Center (NILC) offers a form for groups and individuals interested in documenting abuses and lodging complaints with the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice's Civil Rights Division at http://www.nilc.org/nilcres_ad.html.