Jean Danhong Chen Explains Your Rights as a New Citizen

Although the climate for immigrants has never been entirely welcoming in the United States, many of the actions by the Trump administration have swept fear through immigrant communities, actions that include limiting asylum applications, increased deportations and incarcerations of immigrants, penalizing sanctuary cities, attempting to deport immigrants for minor infractions and suspending some refugee programs.

In this climate, it is important for immigrants from any country to know their rights as they attempt to become a U.S. citizen. In order to find out more about the current realities of U.S. citizenship for foreign nationals and the current realities of immigration policies and enforcement in the local Long Beach community, we spoke to Jean Danhong Chen, the managing partner of the Law Offices of Jean D. Chen.

Chen's firm focuses solely upon immigration and naturalization law and has law offices in New York and California and lawyers practicing throughout the nation. They have helped over 10,000 people win visa and green card approval. They have helped businesses and corporations in a variety of industries get approval for foreign-national employees to work in this country.

The Current Immigration Law Situation in California -

Although the law in the state of California that was upheld by the Federal 9th Circuit Court of Appeals is that California law enforcement officers are not allowed to assist ICE agents in immigration enforcement activities, Asian Americans Advancing Justice – Asian Law Caucus found in a study that 40 percent of law enforcement agencies in California are not following the law and do assist ICE in immigration enforcement activities, such as transfer of prisoners to ICE custody.

In a Long Beach Press Telegraph article from July of 2019, the Long Beach Police Department in Long Beach, California, categorically stated that they do not “participate in immigration enforcement.” According to VoiceWaves Long Beach, though, the Los Angeles County Sheriff's Department does transfer immigrant inmates to ICE custody.

Several organizations in the Long Beach area have banded together to help immigrants to reach their dreams and receive protective services to keep families together. The Long Beach Community Defense Network provides rapid deployment to help immigrants who have been taken in ICE raids. Other organizations that work together to strengthen and protect our immigrant community in Long Beach include:

• Long Beach Forward
• Long Beach Immigrant Rights Coalition
• Long Beach Sacred Resistance
• Latinos in Action California
• Greater Long Beach Interfaith Community Organization

What to Do If You Are Approached by ICE Officers -

According to iAmerica, immigrants, whether or not they have attained U.S. citizenship, may find themselves confronted by ICE agents. They have some important advice:

• Do not run. The police will continue a chase until they apprehend you.
• You are only obligated to provide certain information, such as your passport, green card or identification papers.
• You have the right to remain silent. If you choose to do so, you must tell them that you are asserting this right.
• You have the right to only answer questions with your attorney present. You must ask for this right as well.
• Immigrants who have not yet attained U.S. citizenship have the right to call the consulate of their native country, and the police must allow a consular visitation or phone call.
• You have the right to refuse to sign any papers if you do not understand them or need the advice of an attorney before you sign them.

You do not have to consent to any searches of your home, your car or your person. Only a judge's order and probable cause allow law enforcement to search your effects. The ACLU suggests that, if ICE comes to your home, don't open the door unless they can show you a search warrant they push under the door or show you through the window.

Also, if you have already attained U.S. citizenship, ICE officers may not question, arrest or detain you because of your race. If you are already a U.S. citizen and are approached by ICE:

• Explain you are a U.S. citizen and show your identification
• Ask to speak to your lawyer
• Get the name and badge number of the ICE officer
• Talk to a lawyer if ICE detains or arrests you.

What to Do If You Are Pulled Over by a Regular Police Officer -

When you are pulled over by a regular police officer, you are required to show your identification, car registration and automobile insurance. You are not required to answer questions the officer may ask you about your immigration status.

If You Are Arrested -

Only speak about your case with your lawyer. Do not sign anything or provide information if you are visited by an immigration agent in jail. Ask to look over the papers with your lawyer and only answer questions with your lawyer present.

The law on immigration is fluctuating, in part, because of the back and forth executive orders that have been signed by the Trump administration and the inevitable legal challenges to most of them. Jean Danhong Chen suggests that it is important all U.S. immigrants stay abreast of the law and consult competent immigration attorneys to work their way through the immigration labyrinth.