How to Fight the Department of Homeland Security When Wrongfully Accused and Win

Being accused of something you have not done often leads to feelings of injustice, frustration, humiliation and being powerless. When these accusations originate from a government body, such as the Department of Homeland Security, these feelings are magnified. Your fate, as well as that of your family, lay in the hands of officials who may have alterior motives.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Determination
• Support Network
• Documentation
• Time
• Organisational Skills

1. Do your research first. Make sure you clearly understand the accusation. Cases for deportation sometimes are pinned on a small human error on the INS forms which were used to secure residency.
2. Gather all of your documentation and keep it in an orderly fashion. You will need to call upon this, should your case get brought to court.
3. Create a network of friends and family to support your case. This is essential. Besides offering emotional support, they may be able to help raise funds which will help finance your battle.
   
   Having members of local government, business or religious representatives in you 'defense committee' is essential as it adds credibility to your cause.
   
   Leaking your case to the press can help your case, particularly if human rights abuses are involved. The media can be your ally in these situations. It helps to have an objective journalist in your list of contacts.
4. Understand your "constitutional rights" and "civil liberties". These might seem like abstract concepts but they impact on our lives daily. They guarantee your freedom to express your opinion and your freedom to worship - or not worship - in the religion of your choice. They ensure you won't suffer as a result of race or gender. They help ensure you will have a fair trial and will not be excessively punished.
   
   It is worth speaking to a representative from your local American Civil Liberties Union. This service is only open to US residents. Their website is listed in resources for further information.
5. With the help of your support network, conduct a letter writing campaign. Include members of Senate and House of Representatives who deal with these issues. Members of the Senate Committee on Homeland Security and Government Affairs as well as your local member of the House are essential points of contact as well as your senator.
6. The USCIS has established complaint procedures whereby individuals can report incidents of: misconduct, mistreatment, allegations of abuse, fraud, waste, or mismanagement. This is particularly useful those who have received abusive treatment during Special Registration or while crossing the border. Official complaints will help raise the USCIS' awareness of abuses/ill treatment that occur during the Special Registration and at the border and give mistreated foreign nationals a chance to voice their grievances.
   
   Office of the inspector General
   
   Complaints to the Office of the Inspector General (OIG) must be made in writing. They do not make any statements as to the confidentiality of its complaint procedure. Furthermore, the OIG does not guarantee that each case will be investigated.
   
   Address:
   
   Office of the inspector General
   US Department of Justice
   Investigations Division
   950 Pennsylvania Avenue, NW Room 4706
   Washington, DC 20530
   
   Fax: [phone]
   e-mail: [e-mail]
   phone: [phone]
   
   The Office of Internal Audit (OIA) only accepts complaints via the mail. They state that complaints will be kept confidential unless disclosure is unavoidable in a legal or administrative proceeding. It also states that there is no retaliation for submitting a complaint. That having been said, attorneys should still inform their clients who are in undocumented status or otherwise compromised status of the potential risks of registering complaints.
   
   Address:
   Director, Office of Internal Audit
   US Immigration and Naturalization Service
   425 I St., NW
   Room 3260
   Washington, DC 20536
7. Enlist the help of an effective lawyer specialising in immigration who has dealt with and won cases similar to yours. The American Immigration Lawyers Association may help with your search (see resources). The American Bar Association file, listed in resources, offers advice on how to deal with problems with your representation or how to find it. It clearly explains how judges view cases as well as financing representation for those who can not afford attorneys.
8. The Department of Homeland Security and its U.S Immigration Customs Enforcement (ICE) agents are overseen by monitoring bodies. Complaints about ICE facilities should be made to the Attorney General's office. Complaints about ICE agents are made via regional offices to the agent's supervisor.
   
   If your complaints are left unheard or not dealt with, contact the Office of Professional Relations. This organization investigates allegations of a detainee's rights being abused. A report, explaining the circumstances, can be filed through this organisation and you can request the matter be investigated ASAP.
   
   Contact details listed in resources section.
9. Should you lose your case - always appeal. While it may require a lengthy detainment, this can increase your chances of new legislation being introduced as well as allow your defense committee to increase media attention to your situation.

Tips & Warnings

• If justice prevailed, dealing with a wrongful accusation from the Department of Homeland Security (DHS) would be quite simple. However, many professionals working within this field note an ignorance of basic human rights as well as a lack of 'due process': something guaranteed by the Constitution.