WHAT CAN YOU DO IF YOU ARE UNDOCUMENTED?
Many undocumented aliens have to drive for work for family needs such as hospital visits, or just for pleasure. If you get into an accident or run a light or make a wrong turn, you can be pulled over by the police. When the policeman learns you have no license, he can take you down to the station house, and the precinct will usually call the Immigration Service. If you entered without a visa or have overstayed your authorized stay, you’ll most likely end up with a detainer by Immigration.
The New York Times has reported that 4.5 million illegal aliens are driving regularly, mostly without licenses Only 3 states, New Mexico, Utah and Washington grant licenses without reference to an applicant’s immigration status.
The Immigration Service has exceeded its delegated powers by increasingly creating programs across the country, giving local police access to the Immigration’s database. This delegation to local police exceeds Immigration’s delegated powers. Immigration has exclusive jurisdiction over Immigration enforcement and has never been empowered by law or by the Constitution to delegate this power to local police or to State officials.
WHAT TO DO IF THE LOCAL POLICE TURNS YOU OVER TO IMMIGRATION
First, call a lawyer or have a family member call one. After you are detained by
Immigration, you should within one or two weeks be served with an Order to Show Cause to show why you should not be removed from the country. If you or your family retain a lawyer, the lawyer has various remedies to help you.
CANCELLATION OF REMOVAL
If you have been in the U.S. for over 10 years, even if you entered without a visa and you have a U.S. spouse and U.S. born children, usually of school age, you have the right to contest removal by applying for Cancellation of Removal. An Immigration Judge normally should release you on bond pending the determination of your case in Immigration Court.
If you are from Mexico or a Central American country, such as Salvador, Guatemala or Honduras, guerrilla activities in these countries is so severe and these governments so limited in their ability to control narco traffickers or gangsters, that a viable application for asylum may be submitted. Besides asylum, you may have a claim to the Torture Convention or to Withholding of Deportation. If these claims are cogently presented,. a Judge should also release you on reasonable bail pending your hearing and an appeal if necessary.
PROBABLE CAUSE AND REASONABLE SUSPICION
If you are picked up on the street or as a passenger in a bus or car and a policeman accosts you by asking for your proof of identity or right to be in the U.S. and as a result of your inability to answer arrests you, you may move through a lawyer to suppress the evidence the police obtained by asking you these questions without having observed you in the act of committing a crime or without having probable cause you committed a crime. Asking you for proof of your identity without probable cause, violates our 4th and 5th Amendments to the Constitution. The police may not arrest a person, regardless of whether he is a citizen or any alien (even undocumented) without having observed a person committing a crime or without probable cause that you’ve committed a crime. For a police or immigration officer to come on a bus or interrogate every passenger, or inquire of every passenger in a bus or car that the police stop for a showing of legal status in the U.S., is a violation of the Constitution.
The U.S. is a republic with a Constitution. Officers of the government may only act according to laws that are within these powers and that have been delegated by acts of Congress or State Legislatures in accordance with the Constitution. In our system all powers not granted by the Constitution are reserved to the people. These illegal acts of the Federal government or by the States may be challenged.
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