Facing the possibility of deportation can be incredibly stressful and frightening. While this information is not legal advice and Khan Paralegal and Notary is not an attorney or a substitute for one, preparing yourself and your family is the most crucial step you can take. Here’s a priority-based plan to help you prepare if you or your loved ones are undocumented.

Immediate Plan of Action (Priority Order):

1. Secure Legal Representation NOW: This is your absolute highest priority. Find an experienced immigration attorney specializing in deportation defense immediately. Do not wait until an encounter with immigration officials. A qualified attorney can advise you on your rights, review your case, and help you explore all possible legal avenues to remain in the country as an undocumented resident. They are your best defense.
2. Develop a Family Communication Plan:
   • Emergency Contact: Designate a trusted family member or friend who is aware of your situation and knows who to contact (your attorney, other family members) if you are detained. This is especially vital if you are undocumented and want a rapid response.
   • Code Word System: Create a discreet code word or phrase to use in text messages or calls if you believe you are about to be detained by ICE. For example, a text like “Remember to water the ‘blue flowers'” could signal to your family that you are being stopped or detained. Ensure all family members understand what this code word means and what actions to take.
   • Memorize Important Numbers: Memorize your attorney’s phone number and the phone numbers of key family members.
3. Prepare for an ICE Encounter:
   • Know Your Rights: You have rights, even in situations where you may be undocumented.
     • You have the right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the U.S.
     • You have the right to speak with an attorney.
     • You do not have to open your door to ICE agents unless they have a warrant signed by a judge. Ask them to slide the warrant under the door or hold it up to a window so you can see it. A warrant for arrest (Form I-200) is different from a search warrant.
     • Do not lie or present false documents.
   • What to Say (and Not Say): If ICE agents approach you, calmly state: “I do not wish to answer any questions without my attorney present. I do not consent to any searches.” Being undocumented does not remove these rights.
   • Do Not Resist: Do not physically resist arrest.
   • Carry a “Know Your Rights” Card: Many immigration rights organizations provide cards in multiple languages outlining your rights. Keep one in your wallet if you are undocumented, as it could be important during any encounter.
4. Safeguard Important Documents and Assets:
   • “Deportation Go-Bag”: Prepare a small bag with essential documents and items in case you are detained. This could include:
     • Copies of your birth certificate, marriage certificate, children’s birth certificates. Being undocumented means it’s crucial to have easy access to these papers.
     • Copies of any immigration documents (e.g., old visas, asylum applications, work permits).
     • Medical information (prescriptions, medical history).
     • A small amount of cash.
     • Contact information for your attorney and family.
   • Financial Preparedness:
     • Ensure a trusted individual has access to your financial accounts or knows how to manage your finances if you are detained.
     • Consider setting up direct deposit for your income and automatic bill payments as someone who is undocumented may need financial matters managed quickly if detained.
     • If you own property, ensure there are clear instructions or a power of attorney for its management.
   • Childcare Plan: If you have children, designate a trusted guardian and ensure they have all necessary medical and school information for your children. Discuss this plan openly with your children and the designated guardian, especially if you are undocumented, to ensure they understand what to do.

In Case of Detention:

• Do Not Sign Anything without speaking to your attorney. You could inadvertently waive important rights, and this is even more critical for those who are undocumented.
• Request to Call Your Attorney: As soon as you are able, clearly state that you want to call your attorney.
• Remember Details: Try to remember details about the agents (names, badge numbers, agency) and what happened during the encounter. This information will be crucial for your attorney, regardless of your documented or undocumented status.

Disclaimer: Khan Paralegal and Notary is not an attorney or a law firm and cannot provide legal advice. The information provided here is for general informational purposes only and does not create an attorney-client relationship. If you are facing deportation or have questions about your immigration status, you should consult with a qualified immigration attorney. If you are undocumented, this is even more important.