Anna Stenson
Immigration Law
Professionals

Be Calm and Have a Plan

Nancy Edmonds Hanson 

Immigration attorney Anna Stenson knows that the presence of ICE – U.S. Immigration and Customs Enforcement – is nothing new.

“ICE has been active in our region as long as I’ve practiced,” the Moorhead woman observes. “What’s new is the way they’re going after people. In the past, agents have arrested individuals who had already been identified with immigration issues and targeted. They worked closely with our own law enforcement. Whole groups of agents weren’t going down the streets, knocking on doors at random and pulling people out of their cars.

“We haven’t seen the kind of problems we’re now witnessing because ICE agents weren’t openly violating individuals’ rights … weren’t using tactics designed specifically to create fear.”

Stenson, a 1992 graduate of West Fargo High School, graduated from Minnesota State University Moorhead before completing her law studies at the University of North Dakota in 2001. She clerked for Judge Myron Bright and worked in other practices before establishing Immigration Law Professionals in 2008.

Phone calls have been ramping up in Stenson’s Fargo office since thousands of ICE agents arrived in Minneapolis in December as part of the administration’s pressure on Minnesota. While their situations vary widely, she has some words of advice that apply to all: Know your rights. Have your documents handy.

And most of all: Create a detailed plan to follow in the unlikely, but still possible, event that your right to live here is challenged.

“Immigration law is extremely complicated,” Stenson says. “Our laws were created back in the 1950s, and they’ve been patched over and over because of one issue or another. The process that worked well in the past may be obsolete – entirely different – today. If you’re detained, you’ll need expert advice.”

The attorney says that she has worked with clients from more than 100 nations since establishing her practice more than 15 years ago. While refugees first come to mind, she notes that a large portion of local residents have been drawn here independently.

About 25% of local residents with international roots have come to the area for education and employment. Thousands of international students populate local campuses. Many of their professors, along with high-tech workers, doctors and nurses, were drawn to the area to supplement its workforce.

Family connections have brought another 65% of F-M immigrants. Agricultural and industrial workers make up most of the balance.

Some of Stenson’s callers, she says, are documented U.S. citizens fearful of being swept up because of their race or ethnicity. Their numbers include adoptees born in other nations, spouses of American citizens, and children who came with parents who have become citizens, but who are now too old for family naturalization. Other callers – not now citizens – have come from abroad for employment, education or family reasons, but fear that agents may doubt their status.

Others who call on the lawyer are legally undocumented, sometimes despite having worked and lived here for many years. For them, she advises the most crucial first step: Consult with an immigration attorney or other well-versed advisor to sort out their situations and take the next step. “For some, it may be best to leave now – to self-deport,” Stenson says. “Others may choose to wait it out.”

Since those apprehended are often quickly shipped to detention in Texas or elsewhere, she points out, quick action could be crucial. “We can file a writ of habeas corpus that allows detained individuals to challenge their imprisonment in court, but they need to be ready to call right away,” she advises. “If they’ve been moved out of this jurisdiction, exercising their legal rights becomes much more difficult.”

Stenson provides her clients with a worksheet for organizing all that needs to be part of their emergency plans. It includes name, Social Security number, and the names and contact data of at least two emergency contacts.

The plan also includes the names and phone numbers of family members; their childcare provider; their doctor’s name and contacts, a list of prescribed medications and dosages; allergies or dietary restrictions; the same information, including doctor, for each of their children. They need to designate an emergency caregiver.

Their plan should also list information on their place of birth, the number of the local consulate or embassy; any language translation needs; and names and numbers of their immigration lawyer or other advisors.

She provides clients with a list of do’s and don’ts:

• Stay calm. Don’t run. Just say, “I choose to remain silent.”

• Do not sign anything! You have the right to consult with an attorney before answering any questions or signing any documents.

• If you have valid U.S. Immigration documents, carry them with you. Never carry false documents or lie about any aspect of your immigration status.

• No law enforcement agent has the right to enter your home without a proper warrant from a court signed by a judge. Do not open the door without having them first show you a signed warrant, and do not accept a warrant from DHS.

“We prepare for disaster with fire drills, tornado drills, active shooter drills. We need the same preparations for situations like we’re seeing now,” Stenson emphasizes. “Every situation is different, and every person has an individual level of risk and individual needs for preparedness.

“Today our immigration system is broken,” she warns. “Having a plan and understanding your situation helps calm the very legitimate fears that you may have.