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News about immigration raids and mass deportations can generate fear and anxiety in migrant communities, so it is important to know that information and preparation are the best tools to face any situation, warned immigration attorney with 18 years of experience, Erika Portillo.
The lawyer from Golden Gate University School of Law and the National Autonomous University of Morelos State, who has dedicated her career to defending the rights of migrants and guiding them through the most difficult moments, especially in family matters and removal proceedings, gave a clear message: “Not everything is as it is painted. Know your rights and prepare yourself, because that can make the difference.”
In an exclusive interview with Península 360 Press, the litigator offered a “practical guide” based on her experience, “we can call it the ABC that every migrant should know to protect themselves and act safely; it is clear, accessible and useful advice for everyone.”
What to expect from migration policies
Portillo clarifies that raids are not usually indiscriminate. “The initial focus of the authorities will be on people with serious crimes or with deportation orders who never attended their hearings. In addition, in states like California, the police do not cooperate with immigration in minor cases.”
He explained that a common scenario is that officers from the Immigration and Customs Enforcement Service (ICE) in the United States arrive with a specific order for one person, but take the opportunity to question other people present.
“If you say that you do not have documents, they already have a basis to take you away. That is why it is essential to know that you have the right not to answer questions about your immigration status.”
A: Prepare for the unexpected
Preparation is your first line of defense. Erika Portillo insists that being prepared will give you confidence and help you handle any situation calmly.
- Always have your documents at hand:
- Carry a valid form of identification, such as a current passport or license. “The passport is the queen of IDs, even if it takes a while to arrive, it is crucial to have it.”
- If you have a work permit, do not go out without it.
- Memorize a phone number: Learn the number of a trusted family member or friend who can contact you with an attorney in case of an emergency.
- Plan ahead if you have children:
- Prepare a care authorization (Caregiver Authorization) or a legal power to ensure that someone can take care of your children if necessary.
- Avoid unnecessary problems:
- Comply with local laws, such as keeping your license and insurance in good standing if you drive.
- Never carry false documents; this can seriously complicate your situation.
B: What to do if you are arrested?
Portillo emphasizes that staying calm and respectful is essential: “Never argue or be rude. Respond firmly and respectfully, but avoid conflict.”
- If ICE knocks on your door:
- Ask who they are and if they have a court order.
- Ask to see the warrant and have it slipped under the door.
- If they don't have a valid warrant, respond, "Unfortunately, I can't let you in without a court order."
- If they ask about your immigration status:
- Calmly say, “I’d rather not answer that question.”
- Do not admit that you are undocumented or sign documents without first speaking to an attorney.
- If you are arrested:
- Ask to speak to a lawyer immediately: “I want to speak to my lawyer before making any decisions.”
- Ask to speak to your consulate for guidance and support.
- Ask about your bail options: “Can I have a bail hearing?”
Erika points out: “Even if you are arrested, you have rights. The only thing that can harm you is signing documents without understanding them. Always ask to speak to a lawyer before making any decision.”
C: Know your rights
Even if you are undocumented, you have fundamental rights within the United States. Here are the main ones:
- Right to a hearing: You have the right to have your case evaluated by a judge before you are deported.
- Right to legal representation: You can hire a lawyer or seek help from non-profit organizations.
- Right to bail: You can apply for bail while you wait for your hearing.
- Protection in legal proceedings: If you are involved in custody, divorce, or domestic violence cases, do not be afraid to appear in court. California does not cooperate with ICE on these matters.
A message of calm and hope
“Don’t be afraid!” Portillo emphasizes. “Panic is what can hurt you the most. In California we are protected by laws that support migrants, and the police do not work with ICE in minor cases. If you are the victim of a crime, call the authorities; your safety is a priority.”
The lawyer also reminds us that there are resources available: “If you cannot afford a private lawyer, there are non-profit organizations ready to help you. The important thing is that you do not feel alone.”
Useful resources
- Non-profit organization: Stand Together Contra Costa: [standtogethercontracosta.org](https://standtogethercontracosta.org)
- Private Lawyer: Portillo Immigration Lawyers: [portillolawyers.com](https://portillolawyers.com)
- Free Legal Services Directory: Check with your consulate or local community organizations.
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