As the Trump Administration has made good during the past year on its promise to pursue mass deportations of immigrants – both documented and undocumented, we have been forced to become more creative in our strategies for protecting our clients.
Consequently, as strange as it may sound, WGV is now advising all clients NOT to carry ANY form of foreign identification which may identify you as the citizen of any country besides the USA. This includes passports, consular IDs, voter registration cards, driver’s licenses, or any other document issued by a foreign, non-USA government or agency.
The reasoning for this advice is as follows:
- A foreign identification does not provide you any legal benefit or protection – it does not authorize you to live, work, or drive in the United States;
- If you are detained by police or immigration, you must state your name, your date of birth, and your address. If you are in possession of an identification document of any sort, you will be asked to show it and it may be confiscated from you;
- If you give the police or DHS agents a foreign identification document, you are admitting that you are a citizen of a foreign country;
- If you do NOT give the police or DHS any identification, and you do not say that you are from a foreign country, then DHS cannot prove you are from a foreign country;
- If DHS cannot prove that you are not a citizen of the United States, then they cannot deport you.
Therefore: If you are detained by police or immigration agents, state your name, age, and address, and in response to any further questions, simply state, “I would like to speak to my attorney.” The only way to avoid showing a foreign ID in this circumstance is to not have it on your person or in your car.
Even without a foreign ID document, you may still be detained by DHS.
Leaving your foreign identification at home does not guarantee that you will not be arrested, detained or even deported. Especially if you are arrested for a criminal offense, the likelihood that you will be detained by immigration is very high. However, if you do not give a foreign ID to police when you are arrested, then they cannot pass it to DHS. This will put you in the best possible position to be successfully defended by your immigration attorney when the time comes.
Conclusion: LEAVE YOUR FOREIGN ID AT HOME!
If you have questions or would like additional information, call us at 512-633-1785 and schedule a consultation.