Gabriel Moreno, CEO of Luminous Network, John Handley, Deputy Chief of Staff at Global Refuge,
presented on services for immigrants and refugees. Richard Gibson, Howard County States Attorney,
advised the audience of the legal framework surrounding immigration and current enforcement
practices. The discussion aimed to raise awareness about immigration issues and services available in
the community, with an emphasis on the rights and processes for immigrants.

Luminus Network (previously known as FIRN) has existed for over 40 years and assists immigrants,
refugees and asylum seekers from over 90 countries. Luminus serves more than 3,000 clients each year,
and is well known as the key resource in Central Maryland for New Americans while sharing their
contributions with the greater public.

Global Refuge, formerly known as the Lutheran Immigration and Refugee Service), was founded in
1939, initially to assist European refugees during WWII. With more than 1,000 partners and 50,000
volunteers, Global Refuge is the largest faith-based national nonprofit dedicated to helping to
immigrants and refugees resettle in the United States.

Immigration Policy, Asylum, and Refugee Resettlement
The panel discussed recent changes in federal immigration policies, including the revocation of the special status and work authorizations of refugees from several countries including Haiti, Afghanistan, Venezuela, and South Sudan, the expedited removal process for individuals who have been in the United States for less than two years, and the revocation of Green Card status for some immigrants. White immigrants from South Africa are now being admitted and expeditiously resettled under the refugee program.

The status and processes applied to immigrants as refugees or asylum seekers were explained. Refugees are fleeing war, violence and/or persecution for reasons they cannot change, and usually apply to come to the United States from a third country. Those seeking asylum have come to the United States’ border seeking protection from violence and persecution and must prove persecution based on race, nationality, political opinion, religion, or social group. Both may obtain work permits in the U.S. if admitted. Those who are seeking more information regarding changes in federal policy are encouraged to contact Global Refuge.

The U visa and T visa programs are defenses against deportation that allow victims of crime or human trafficking to seek legal status in the United States by cooperating with law enforcement. The processes and fees associated with these programs, for obtaining work permits, and for sponsoring unaccompanied minors, have increased recently.

Immigration Enforcement in Howard County
The 4th, 5th, and 14th Amendments to the U.S. Constitution protect all persons in the United States by mandating due process and equal protection under the law, limiting search and seizure, and protection from self-incrimination. State’s Attorney Gibson explained the distinctions between administrative immigration processes and judicial or criminal processes and warrants. Judicial warrants must contain
specific, verified facts and bear a higher standard of proof. Administrative warrants are much less specific and may be based in part on hearsay. Generally, law enforcement agents, including ICE agents, making an arrest must display a warrant and share their identification. If approached by an ICE agent, attendees were advised to exercise their 5th amendment right to remain silent and to comply with directions given.

The Liberty Act in Howard County prohibits Howard County employees from asking about or sharing immigration and citizenship status, to encourage all residents to report emergencies and situations requiring local government action without fear of immigration scrutiny. Howard County does not currently have a 287(g) agreement with Immigration and Customs Enforcement that would permit Howard County police to assist ICE agents. While local police cannot interfere in ICE arrests unless they witness physical mistreatment or abuse, they can document or film an arrest or incident.

Business owners have some rights regarding ICE visits, as administrative warrants do not entitle ICE agents to enter a private place of business. However, a judicial warrant that specifies both the location and the names of individuals sought must be honored if presented to the business owner. ICE does not have an automatic right to enter private spaces, though consent from the owner, or an opened door, can
and does allow entry.

The current situation in Howard County regarding immigration enforcement was discussed. Noting that while specific numbers are difficult to obtain, there has been some activity involving parents and children. Public schools in Maryland follow a standard protocol if parents are apprehended, or agents arrive looking for children. Parents may want to consider designating “standby” guardians for their children, and the Luminus Network is able to assist with that task.

Immigration Enforcement Preparedness Guide
Representatives from Interfaith and Community service organizations asked for practical advice to prepare for potential immigration enforcement actions in sensitive spaces like schools, hospitals, and churches. The new Sensitive Spaces law was just signed by Governor Moore and implementation guidelines are expected from the Office of the Attorney General soon.

Over 40% of individuals who have been detained were collateral targets, not originally on ICE’s radar. They became targets when someone spoke to an ICE agent. Advice emphasized the importance of everyone, including U.S. citizens, exercising their 5th amendment rights by remaining silent when strangers or ICE agents arrive asking questions. It is also advisable to create a protocol for handling such situations and to train designated individuals (such as ministers, owners and managers) to speak with the visitors and to ask to see a judicial warrant if agents wish to enter the property. Those who arrive without the proper warrant should be refused entry. Congregations may post signage that welcomes worshipers and asks those who come with other intentions to leave, and those in charge may direct disruptive visitors to leave. (If someone comes into the building and starts vandalizing the premises or disrupting services, it’s appropriate to call the police to remove the trespassers). Luminus Network will assist organizations in developing their protocol and training their leaders to interface
with agents who come to their facilities and events.

Bystanders are strongly advised not to obstruct, interfere with, speak to, or engage with ICE agents in the process of making an arrest, and to be mindful of how the potential consequences of their actions could backfire and cause harm to the very people they want to help. Avoid drawing attention to yourself, and do not antagonize ICE agents/police or escalate the situation, which will possibly result in
injury to the person who is apprehended.

Capturing the incident on video so it may be shared as evidence in a court proceeding would be more helpful. Bystanders may film the arrest, after announcing first that they are filming the incident. Rapid response teams should only engage in witnessing and/or announced filming and remain off to the side. Direct intervention will escalate the situation and may result in the “bystander” being arrested and
charged.

The best protection for immigrants is being watchful, not speaking to strangers, walking with a companion, carrying notarized copies of legal immigration documents, and not opening the door to one’s home. One has the most protection from search and seizure inside a home, provided that no one opens the door and lets agents inside. One has less protection in a car, which may be stopped for safety
reasons. Passengers in a car should remain silent, letting the driver speak. One may be apprehended in a public place.

If someone is stopped, they have the right to remain silent and ask for an attorney. Do not get drawn into a conversation. They should ask the officer if they are “free to go.” If the answer is yes, they should calmly leave. If the answer is no, they should stay quiet and calm and comply with directions.

Contact Information:

Luminus Network: Phone 410-992-1923 Email: [email protected]
Global Refuge: Phone: 410 983 4000 Email: [email protected]
Howard County State’s Attorney: Email: [email protected]
Circuit Court: Phone: 410-313-2108
District Court: Phone: 410-313-3100