Attorney Ismail Laher
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The F.A.Q. section will always be under construction and will need your input. This page contains
simple answers to general questions that people often ask. As always, this is for general information only and you should do your own research or retain professional help to address your specific
situations.
We also answer questions on the website of askme.com. You can visit that page and see the response we have given to other folks by clicking on Attorney Laher's profile at AskMe.com
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n response to recent inquiries, we offer the following “Know Your Rights” information in the hope that it will be used in the prevention of racial and ethnic bigotry and government repression of political organizing.September 11th’s tragedy should not be compounded by the repression of democracy and liberties in the United States. (We do not condone the behavior of those responsible and urge the President to hold them accountable. We also realize that many innocent people may now be targets simply because of the way they look or dress.)
KNOW YOUR RIGHTS!
What rights do I have?
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. Use of an encryption program such as PGP offers relatively secure protection for e-mail communication.
CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED – EVEN DURING
A STATE OF EMERGENCY OR WARTIME.
What should I do if agents come to question me?
1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW
ENFORCEMENT AGENT OR INVESTIGATOR. You do not have 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.
2. 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.
3. 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.
4. IF THE POLICE OR FBI OR 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. The police are allowed to (and do) lie to you. Although agents may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Trying to answer agents' questions, or trying to "educate them" about your cause can be very dangerous. You can never tell how a seemingly harmless bit of information that you give them might be used and misconstrued to hurt you or someone else.
5. 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.
6. 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.
7. 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.
8. 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.
How should I respond to threatening letters or calls?
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.
What if I suspect surveillance?
Prudence is the best course, no matter who 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 as described at the end of this packet.
What if I am not a citizen?
1. YOU DO NOT HAVE TO REVEAL YOUR IMMIGRATION STATUS.
2. 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.
3. KNOW AND ASSERT YOUR RIGHTS!
All noncitizens have the following rights, regardless of your immigration status:
1. The right to speak to an attorney before answering any questions or signing any documents;
2. The right to a hearing with an Immigration Judge;
3. 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
4. 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.
4. TALK TO 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 of people barred from entering. 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 that leave the US and return with INS permission may be swiftly removed from the U.S. if they end up in immigration proceedings.
CONTACT INFORMATION
Partnership for Civil Justice In Washington, DC, request assistance or report incidents of harassment to
(202) 530-5630, or legal@JusticeOnline.org
National Lawyers Guild National office: (212) 627-2656, www.nlg.org
National Immigration Project: (617) 227-9727
First Amendment Foundation A resource on civil liberties and the right of political dissent. (202) 529-4225.
National Immigration Law Center - Information law information is available on American Arab Anti-Discrimination Committee. Report hate crimes and harassment against Arab Americans and Muslims to (202) 244-2990.
Council on American-Islamic Relations (CAIR) Advocating for American-Muslim rights and against acts of
discrimination. (202) 488-8787
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Sampling of questions that we have often been asked :
I am upset at the way I was treated by INS officials who inspected me when I entered the US as a visitor. Is there anyone I can complain to?. Will complaining help?
The supervisor informed Mr. Laher that this is an area of great concern to the INS and they take each complaint very seriously. He stated that it is important that your compliant be detailed and specific. he assured me that each complaint is fully investigated and normally a letter is sent out to the person complaining indicating the final response. It may be that no action is taken on a a specific complaint, but if everyone complains it allows a pattern of abuse or inappropriate use of discretion on the part of an officer to show itself. According to the supervisor this pattern of abuse is often the only way that they can figure out that something needs to be corrected and he encourages people to always lodge their complaints. Mr. Laher observed that it is important hat the complaints be serious and legitimate as this way everyone concerned will take them seriously. Mr. Laher's office can be contacted if you need a specific address or are uncertain where to send your complaint to.
What color is a green card?
How can I come to the US? When can I apply to become a US citizen?How can my son who is under sixteen and has a green card since birth become a US citizen?. I am out of status and now have a sponsor for a job. Will I be able to get a green card? My mother is overseas and I am a green card holder - Can I sponsor her? My parents are overseas and I am US Citizen - Can I sponsor them? How can I sponsor my brother and sisters? I am a visitor in the US and want to stay on in the US. Can I do this? I am a student here and now want to work. Can I do this.? I want to apply for a work visa at the Embassy. Do I need a special form? How long before my brother and his family can get their Green Cards. I am a US citizen and want to sponsor them. My child is a US citizen and I am not. My child is sick and needs to be in the US for medical treatment. Is there a way that I can stay with him?. If you have a question, please feel almost free to submit it to the office. We do not publish individual answers but may use your question as the basis for an answer that could be inserted in this area. Frequently Asked Questions on Deportation and Removal I overstayed my visa and now I’m worried that I’ll be picked up by INS and sent back to my country – can this happen now? Since September 11th, many people have asked this question. The INS has increased its enforcement efforts since that time, and it is very important that people currently in the United States do not overstay visas and make sure to file timely applications for extension of status. If you have already overstayed your visa or are otherwise in illegal status, you may be at risk for apprehension by the INS. It is important that you consult with an immigration attorney if this is your situation, or if you are unsure if you are in a valid status. The good news is that generally, the INS cannot just sweep up any illegal person and put him on the next plane home. In most circumstances, if you have never been in deportation proceedings before, the INS must issue you a Notice to Appear before an Immigration Judge, and you have a right to a full and fair hearing before deportation. If you disagree with the judge’s decision in your case, you also have a right to appeal that decision to a higher authority. During the time that your Immigration Court case and appeals are pending, you may remain in the United States. PLEASE NOTE: If you have already been ordered deported or removed from the United States, and did not leave, the INS may have the right to arrest you and deport you as soon as they have a valid travel document. Please consult with a lawyer if you know or suspect that you have been ordered deported yet absconded and remained illegally in the United States. I received a Notice to Appear in the Immigration Court – what does this mean? A Notice to Appear is an official summons issued by the INS, ordering a person to appear in Immigration Court. If you have received a Notice to Appear, it means that the INS believes that you are in the United States illegally. You should take the Notice to Appear very seriously and appear in court at the time and date specified. A Notice to Appear is not an Order of Deportation or Removal. However, if you ignore the Notice to Appear and do not appear in court, you may be ordered deported in absentia. Do I need a lawyer to go to
Immigration Court? All persons in the United States, even those who are here illegally, are entitled to be represented by the lawyer of their choice, at no expense to the government. In simple terms, you can have a lawyer in Immigration Court but you must pay for the lawyer. You may go to Immigration Court without a lawyer, but we recommend that you consult with a lawyer prior to your court hearing. In many cases, it is beneficial to have a lawyer represent you in Immigration Court, because the cases can be quite complex. Many judges have different requirements and different procedures, and it can help to have a lawyer assist you. In a survey last year conducted by the Los Angeles Times, the newspaper found that persons in the Immigration Courts who had lawyers were 17 times more likely to win their cases than those without. This does not mean that hiring a lawyer will guarantee success, but it can help improve your chances. Each case is unique and must be analyzed on an individual basis. I have an Immigration court hearing coming up next week and I can’t make it – how can I get excused from appearing? Consult with an immigration lawyer experienced in immigration court matters. Explain your situation and the lawyer may be able to ask the court for a continuance or postponement of the hearing date. This request must be made no later then ten days before the date of your hearing, unless there are exceptional circumstances, such as a medical emergency. PLEASE NOTE: Even if you or your lawyer has asked the immigration court for a postponement of your case, it is still IMPERATIVE that you appear in court when scheduled, UNLESS the judge has officially postponed the court date. If you are not sure when your next court date is scheduled, call the Immigration Court Information System at 1(800)898-7180 and enter your Alien Registration Number. What happens if I don’t show up in the Immigration Court when I am scheduled to be there? If you are scheduled to appear in immigration court and do not show up, the judge may order you deported or removed in absentia. This means that you can be ordered deported even without appearing in court, if the judge is satisfied that you had adequate notice of the hearing date and time. If you receive such an order of removal, the INS can arrest you and deport you. That is why it is extremely important for people to appear at their court hearings, or get help from a lawyer if they cannot make it. If you or someone you know missed an immigration court hearing or received an in absentia deportation order, you should contact an immigration lawyer immediately. It is possible to ask for a reopening of the court case, but only if there were exceptional circumstances which prevented you from appearing. You must also ask to reopen the case within a specific period of time, usually 180 days. If the INS or immigration court mailed notice of the hearing to the wrong address, or if you otherwise did not receive proper notice of the court date, you may also be able to get your case reopened. Please consult with an experienced lawyer for an evaluation of your specific situation. If the INS wants to deport me, why should I even bother showing up to Court? I’m planning on leaving the country anyway soon. It is important to appear in immigration court when scheduled, even if you are planning to leave the country anyway. This is because there are severe penalties for being ordered deported or removed from the United States. If you are ordered removed in absentia (that is, because you did not appear at the hearing), you are not eligible to get your certain types of relief from removal – such as adjustment of status, cancellation of removal, or voluntary departure – for 10 years after the order of removal. This is quite a strict penalty. If you show up at the court hearing, and you are ordered removed, you will still not be allowed to re-enter the United States for 5 – 20 years, depending on the circumstances. If you are summoned before the immigration court, and are planning on leaving the country anyway, you should appear in the court and ask for voluntary departure. If you are granted voluntary departure by the judge, you will not have an order of removal on your immigration record. This can make it much easier for you to return to the U.S. in the future.
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