Immigration and Customs Enforcement (ICE) — the federal law enforcement agency in charge of arresting, detaining, and deporting undocumented immigrants or documented immigrants with criminal convictions — is reportedly begiun nationwide raids, potentially impacting thousands of immigrant families.
Dealing with law enforcement can be stressful, so it’s important to know your rights before you’re face-to-face with ICE agents. While there’s never any guarantee that law enforcement officers will follow the law, here’s what they can and can’t legally do to you and what you can legally demand.
Don’t Open the Door:
Like police, ICE can’t enter your home without a warrant signed by a judge. You can ask ICE to slide their document under the door, if they have one, to determine whether or not it's a judicial warrant.
Ask to Speak to a Lawyer:
A good immigration lawyer can help guide clients through the complicated and often confusing system of immigration law, so find one in your area and discuss your status with them, not with law enforcement. If you're at risk, try to speak with an attorney as soon as possible.
The American Immigration Lawyers Association’s Immigration Lawyer Search lets you specify what kind of immigration law you need help with, i.e., “Deportation - Removal,” and search your local area if you enter a city name or zip code; you can even search by last name if you’re familiar with a lawyer in your area by name but not sure how to find them.
Remain Silent or Tell ICE You Wish to Do So:
You have the right to remain silent in any interaction with an ICE agent, and you can tell them so. What you say can be used against you in immigration court or deportation proceedings, so always be cautious of what you say to ICE or law enforcement and ask to speak to a lawyer before any communication takes place.
Don’t Sign Anything:
Unless you’ve already spoken to a lawyer who advises it you shouldn’t sign any documents ICE asks you to. According to the Miami Herald, signing a document provided by ICE may mean you’re signing your own deportation order.
Don’t Lie or Provide False Documents:
Lying to ICE agents can be dangerous. Providing false documents can be used against you in court proceedings.
Don’t Flee or Resist Arrest:
If you run from ICE, the results can be deadly not just legally dangerous. People who help an immigrant escape ICE can be charged with things like obstruction of justice by the Department of Justice, as was the case with a judge who let an immigrant escape after a court hearing. People who attempt to physically stop an arrest can also be charged with resisting a public officer.
You Don’t Have to Tell Them Where Someone Else Is:
You’re under no obligation to tell ICE where someone they’re looking for is, but you shouldn’t lie. Instead, ask the agents to leave contact information.
You’re Allowed to Ask for an Interpreter:
If an immigrant placed under arrest is not an English-speaker, they can ask for an interpreter during their detention process with ICE.
You Should Make a Plan With Family or Loved Ones:
In the event you are detained, it’s wise to have an action plan in place to handle any immediate concerns like child and pet care, and long-term issues like home maintenance and collecting mail. Attorneys also advise that loved ones have on hand the name and contact information for an attorney so they can make contact in the event of an arrest.
When you are immigrating to the United States, it is natural to want to land on strong financial footing. However, all immigrants face a common barrier: a lack of US credit history. This can impede your ability to get approved for a credit card, apply for a mortgage, or engage in other types of financial transactions. While it’s possible to use cash day-to-day, it is a good idea to begin building a credit history as soon as possible. Building credit can make it easier to apply for a mortgage, get a car loan, rent an apartment, or get a rewards credit card. Even if you aren’t looking to do those things now, you might want to in the future.
In an emergency you might need some extra cash fast.
Having your emergency fund at the ready would be ideal to cover your conundrum, but what if your emergency fund has been depleted, or you can’t or don’t want to use a credit card or line of credit to get through a crisis?
There are other options out there – a cash advance or a payday loan.
But beware – these options pose some serious caveats. Both carry high interest rates and both are aimed at those who are in desperate need of money on short notice. So before you commit to one of these options, let’s pause and take a close look at why you might be tempted to use them, and how they compare to other credit products, like credit cards or traditional loans.
The Cash Advance
If you already have a credit card, you may have noticed the cash advance rate associated with that card. Many credit cards offer a cash advance option – you would go to an ATM and retrieve cash, and the amount would be added to your credit card’s balance. However, there is usually no grace period for cash advances.[i] Interest would begin to accrue immediately.
Furthermore, the interest rate on a cash advance may often be higher than the interest rate on credit purchases made with the same card. For example, if you buy a $25 dinner on credit, you may pay 15% interest on that purchase (if you don’t pay it off before the grace period has expired). On the other hand, if you take a cash advance of $25 with the same card, you may pay 25% interest, and that interest will start right away, not after a 21-day grace period. Check your own credit card terms so you’re aware of the actual interest you would be charged in each situation.
The Payday Loan
Many people who don’t have a credit history (or who have a poor credit rating) may find it difficult to obtain funds on credit, so they may turn to payday lenders. They usually only have to meet a few certain minimum requirements, like being of legal age, showing proof of employment, etc.[ii] Unfortunately, the annualized interest rates on payday loans are notoriously high, commonly reaching hundreds of percentage points.[iii]
A single loan at 10% over two weeks may seem minimal. For example, you might take a $300 loan and have to pay back $330 at your next paycheck. Cheap, right? Definitely not! If you annualize that rate, which is helpful to compare rates on different products, you get 250% interest. The same $300 charged to a 20% APR credit card would cost you $2.30 in interest over that same two week period (and that assumes you have no grace period).
Why People Use Payday Loans
Using a cash advance in place of purchasing on credit can be hard to justify in a world where almost every merchant accepts credit cards. However, if a particular merchant only accepts cash, you may be forced to take out a cash advance. Of course, if you can pay off the advance within a day or two and there is a fee for using a credit card (but not cash), you might actually save a little bit by paying in cash with funds from a cash advance.
Taking a payday loan, while extremely expensive, has an obvious reason: the applicant cannot obtain loans in any other way and has an immediate need for funds. The unfortunate reality is that being “credit invisible” can be extremely expensive, and those who are invisible or at risk of becoming invisible should start cautiously building their credit profiles, either with traditional credit cards or a secured card[iv], if your circumstances call for it. (As always, be aware of fees and interest rates charged with the card you choose.) Even more important is to start building an emergency fund. Then, if an emergency does arise, payday loans can be avoided.
One of the things that many people do not know when they do relocation - even after a few years in the States - is that the long arm of the United States Treasury stretches overseas, reaching your assets and bank accounts in Israel. There is something important that you were not being told, not in line at the embassy, not in the immigration control at the entrance to the country, and not even at work: you probably have to file the FBAR.
What is FBAR?
The FBAR is not really a tax form. The full name of the form is the Report of Foreign Bank and Financial Accounts, and its purpose is to report to the authorities - whether you are an American citizen or not - on any financial or real estate property outside of the United States each year, regardless of whether you earned it or not. The good news is that you can fill out the FBAR electronically.
Do I have to file an FBAR?
You must submit FBAR only if your assets outside the United States are higher, or have risen at some point this year, than $10,000. If that's the case, not only do you have to file but if you do not, you can get a $25,000 penalty, and sometimes even more.
What is the deadline?
Good news: You have until June 30th to submit the FBAR.
So how do you do that?
All in all, it's quite simple. Go to this link (https://bsaefiling.fincen.treas.gov/NoRegFBARFiler.htm) and if all your documents are ready, start the online form. The instructions on the screen are pretty clear, but you need to finish everything with a stroke so you may want to download a PDF of the form in advance, to understand exactly what you need.
Once you have finished, press Ready to File and look at your form and go up to the system. How simple that's how important.