There is a three step process for deportation:

1. Reason to believe a day laborer has broken immigration law. This could be almost anything, but it is not technically allowed to be based on: a) skin color b) language they speak c) their name However, these three reasons are the MAIN reasons people are targeted.
2. A warrant for arrest is issued: * This is generally necessary, but different from police warrants: other ICE officer can issue a warrant (instead of a judge). "Exigent circumstances" is the exception that waives the need for a warrant, and it is always used.
3. After the arrest is the removal process. This takes one of several tracks:
   • Expedited Removal/Reinstatement: person was already deported before, they get no new hearings, no phone calls, government just needs to identify them and deport them
   • Stipulation for voluntary departure. This means: the person opts to go home instead of being arrested -not technically a deportation
   • If you have a prior criminal conviction, or if you want to fight your case, you go through the Removal Process: -go before a judge -receive a notice to appear/indictment -concede/contest the charges -“facts” presented in court about why this person has violated immigration law (these facts primarily come from evidence wrongly gathered because it was based on skin color, language, or name).

What does the physical process of arrest/deportation involve?

1. People are taken to PDX ICE headquarters (511 NW Broadway). Not held there overnight.
2. People lodged outside Multnomah County for a short time until they are taken to NORCOR in Tacoma, WA., a 900-bed facility, with immigration courts. On Tuesdays and Thursdays and sometimes on weekends buses deport people to Mexico, Central Americans are flown back. People just dropped on the other side of the border, and their baggage is usually lost.
3. Note: 511 NW Broadway is the current ICE headquarters. People are held there, but not overnight. ICE vans are parked there.

For further information, check out http://detentionwatchnetwork.org/communitymaterials under "From Raids to Deportation, a Community Resource Kit."

Legal observers should:

• Assign roles to each observer: videographer and notetaker
• Bring a camera, video or still, a notebook, a cell phone, a contact list
• Use your three magic phrases:
  

  • 1. “I am here to observe, I do not intend to interfere.”
  • 2. “I do not consent to a search.”
  • 3. “Am I free to go?”

• Each note entry should begin with the time and location.
• Stay at least 10 feet away from the interaction, and do not distract the officer or the arrestee.
• If someone is arrested or abused, try and get their contact information and the contact information of any witnesses.
• You have the right to videotape the police and ICE, and do not have to give them your camera or your tapes.

1. Gather info on HOW ICE enforces the law: providing good hard facts (videos and notes) to lawyers– this is what is often lacking. Witnesses in immigrations cases are often deported, detained in unknown places, or afraid to testify: our data can fill this in.
2. Make careful notes to show if immigration officers have based their arrest on skin color, language, or name (see above). For example, if an agent spends 30 seconds on the corner before deciding to make an arrest/action, this is not enough time for them to have a legal probable cause. Questions relating to people's ethnicity, nationality, language, etc. are also tip-offs that should be noted.
3. Ask officers: "Do you have a warrant for this person's arrest?" This is good data to collect: ie, if 12 arrests occurred, none with warrants, we could point to a pattern of abuse.
4. If we have any evidence, lawyers can go to a judge before someone is removed to a detention center on the other side of the country, and say to the judge, ‘no, don’t move this person to another circuit. They have to have a trial.” Portland, in the 9th circuit, has better judges and this is one of our best options for intervening.
5. Teach day laborers the three magic phrases:

• “I do not consent to a search”
• “I do not wish to talk to you. I want to talk to a lawyer.”
  
• “Am I free to go?”
• These can be said in English or Spanish (ICE officers will probably speak Spanish). Saying these phrases might prevent officers from collecting information without probable cause— info is often collected by cops who are “fishing”—through “casual” conversations that give them the probable cause they need.

1. Just be there: arrests could be worse if there wasn't an observer there.
2. Unfortunately, violation of search and seizure laws by immigration officers can't be enforced. (Again, this is because immigration law is civil, not criminal, law.) Only in cases of outrageous behavior by federal agents (detaining people without food, etc) can you press charges against federal agents. (These charges, in the best cases, might lead to the suppression of evidence obtained under duress, etc).