Immigration Crackdown: Knowing Your Legal Rights

[Wandering Eyes]

An immigration raid at Delta Downs racetrack Tuesday morning resulted in the apprehension of 84 undocumented individuals, according to U.S. Immigration and Customs Enforcement (ICE).

The surprise morning raid at Delta Downs—currently in the middle of a Quarter Horse meet—involved multiple law enforcement agencies including ICE, the U.S. Border Patrol, the Louisiana State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the FBI.

Those undocumented individuals taken into custody, said ICE, were processed for administrative immigration violations before being taken to the Lake Charles Border Patrol Station in Lake Charles, Louisiana. Two undocumented individuals with known criminal records were apprehended as part of the sweep, the agency added.

Events at Delta Downs have set racing's teeth on edge, said Will Velie, an immigration attorney who works closely with the horse racing industry. “I've been getting calls since it happened from very, very many tracks,” he said.

Indeed, in light of Tuesday's raid, Eric Hamelback, CEO of the national Horsemen's Benevolent and Protective Association (HBPA) circulated an email to several horseman's groups outlining some fundamental legal rights.

For example, no ICE agent, or any individual representing the organization, should be permitted access to the backside of a racetrack or area under HBPA-affiliate oversight without the presentation of a “valid, judicially-approved warrant signed by a federal judge or magistrate,” Hamelback writes in the email.

ICE Photo

“A simple administrative or agency-issued 'warrant' (such as ICE Form I-200 or I-205) is not legally sufficient to authorize entry into non-public, private areas such as stable areas, dormitories, barns, or tack rooms.

“This is well-established under the Fourth Amendment to the United States Constitution, which protects against unlawful searches and seizures without proper judicial authorization,” Hamelback wrote.

Should any ICE agent present such a warrant, it must be carefully reviewed by legal counsel before they're permitted access to the track, wrote Hamelback. “If there is any doubt, contact National HBPA or your affiliate general counsel,” he added.

Hamelback shared these additional points:

– Racetrack security, backside gate personnel, and all facility management must not grant ICE agents entry based solely on request or agency credentials.
– Entry is to be denied unless a search or arrest warrant, signed by an Article III judge or magistrate, is physically presented and its scope reviewed.
– If ICE personnel appear requesting access without such a warrant, they are to be politely informed that no entry will be granted without judicial approval.
– Immediately notify your local HBPA counsel and the National HBPA office of any such encounter.

Over the past few months, Velie has also routinely distributed flyers (put together by the American Immigration Lawyers Association) outlining the constitutional rights of undocumented workers and their families. “I sent them down to Louisiana just yesterday,” he said.

This document—geared towards undocumented employees—contains six main bullet points:

– Stay calm.
– You have the right to remain silent.
– You are not required to show immigration documents.
– You have the right to contact a lawyer.
– You do not have to sign anything.
– And what to do if you believe your rights have been violated.

As for the specifics, it recommends that undocumented workers download and carry this card (colloquially called red cards or tarjetas rojas), which states that you do not wish to speak, answer any questions, or sign any documents.

This document—geared towards undocumented parents with children—contains detailed advice on the following points:

– Making a family safety plan.
– Gathering key documents.
– Legal preparations.
– Communication and emergency contacts.
– Financial preparations.
– And a warning on child protection services.

ICE Photo

For example, it recommends that parents have the following papers and documents—where possible—gathered together and readily available: birth certificates, passports and social security cards; proof of legal status; and school and medical records.

In terms of undocumented workers, Velie recommends having a plan in place and a designated legal representative in the event of being apprehended.

“If you don't have a derogatory immigration background, no criminal arrest, no deportations, and you've been here for two years, then you're going to be bonded out. You will have a hearing, and you will be able to go before a judge,” said Velie.

“And if there is pathway, then you can exercise that,” said Velie. “So, have somebody on the outside that's going to be able to help you get a bond hearing, so that you can be outside and make the decisions that you need to make that are best for yourself at your speed, not because you're locked up and you sign something just to be done with it.”

In a Wednesday press release, ICE wrote about the Delta Downs sting that it was conducted “after authorities received intelligence indicating that the businesses operating out of the stables at the racetrack were employing unauthorized workers. Those suspicions were further confirmed during a subsequent site visit.”

The raid has occurred amid the Trump administration's increasingly aggressive immigration enforcement tactics, hitting hard those sectors, like horse racing, that rely heavily on an immigrant labor force.

In February, immigration enforcement officers descended upon the Frontera Training Center in Sunland Park, New Mexico, in a targeted visit for specific individuals. Similar targeted visits have also involved Oaklawn Park and other tracks in recent months, according to several sources.

Tuesday's raid at Delta Downs, however, is believed to be the first major immigration sweep of a racetrack since the new administration regained power in January.

Just last week, Trump posted on his Truth Social media platform that the “very aggressive” raids were hurting farmers and hotels. Subsequent reports indicated that the administration had told ICE officials to largely pause raids and arrests in the agricultural industry, hotels and restaurants.

Reports on Monday, however, suggested that the administration had already reversed that order.

When asked how the raids are being conducted—and whether immigration officers were complying with legal requirements—Velie said that “generally” they're complying with the law.

“I'm not sure what the circumstances were at Delta Downs yesterday, if they had a judicial warrant, or if they came and said they want to come in, and Delta said 'okay.' I don't know the answer to that,” said Velie.

“Horse racing's a small town,” Velie added. “These are our neighbors. And the people who aren't facing this need to stand up, let them know we support them, and that we'll do everything we can—if they are taken away—to bring them back.”

The post Immigration Crackdown: Knowing Your Legal Rights appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

View the full article