Editor’s note: This article is intended for general information. The Ball State Daily News does not endorse or provide legal advice as a news publication. It is not recommended to act without receiving proper legal counsel from a professional.  

The first week back in office for President Donald Trump included the signing of executive orders with sweeping immigration policy changes, which have impacted those nationwide, including Indiana communities.

Part of those changes was an executive order that removed immigration enforcement protections from “sensitive areas” such as schools, hospitals and churches, according to a statement from the Department of Homeland Security (DHS).

Jenna Olson, a former seventh grade social studies teacher in the Indianapolis area, said she has worked with numerous children and parents who were impacted by the recent rising fear of U.S. Immigration and Customs Enforcement (ICE) deportations and changing immigration policy.

“It was a joke, and then when [students] realized it wasn't a joke … we started seeing students that couldn't keep it together throughout the day, crying, ‘I need to speak with someone,’ ‘I'm nervous to go home,’ ‘What if they're at my bus stop?’” Olson said.

In one case, Olson described a time when she, in a special circumstance, drove a child home while on a phone call with the parent, who needed to know the exact moment they would arrive because of fears over ICE deportations.

“If we're not there the time I say we're there, then she's panicked and that, that is a result of that whole system,” Olson said. “But he'll joke about it in school, then when he's outside of school, it's not a joke.”

In response to the federal changes, some schools — including The Metropolitan School District of  Warren Township and Indiana Public Schools (IPS) — have released guidance to their teachers and community members on how they will stand on the matter. 

Noah Leininger is a music teacher in Indianapolis and an Indiana State Teachers Association representative for his school. He said he felt angry at the situation on behalf of his students.

“Where students come from is not something that we pick and choose who we're going to teach based on,” Leininger said.

Some teachers might even choose to go beyond the schoolyard, including Leininger, who said his outrage with policy and desire to make a difference led to an eventual path in 2017 to become a member of the Party for Socialism and Liberation (PSL). Through his roles as a teacher and a member of PSL, he has stressed the importance of being informed and involved in the community.

Immigration Enforcement and Preventative Action

In their 2023 Survey of Immigrants, the joint efforts of the KFF and the Los Angeles Times found that seven in ten of those who are likely undocumented were concerned about the potential for deportation of themselves or a family member. 

A multitude of advocacy and law groups have compiled “Know Your Rights”  (KYR)  information. One of the most common types of KYR training is related to ICE interactions, especially now that schools, churches and hospitals no longer fall under the categorization of sensitive areas.

Exodus Refugee — an Indianapolis-based social services organization that has “helped thousands of refugees from more than 50 different countries establish new lives in Indiana” — provides KYR training in several languages and reminds everyone of their “basic rights,” including but not limited to the right to remain silent, the right to see a warrant, the right to speak to a lawyer and the right to make a phone call. 

The organization also explains on its website that the warrant shown by an ICE officer must be a warrant “signed by a judge that gives permission to any officer to do something specific,” such as for a search of a specific address or an arrest warrant for a specific individual. Images of what warrants look like and how to distinguish them from administrative warrants can be found on Exodus Refugee’s website.

According to the Immigrant Legal Resource Center, an administrative immigration warrant — or “ICE warrant” — which can be issued by certain immigration officers, is not a real warrant. There is no review for probable cause determined by a judge or neutral party.

Warrants dictate access to private areas, such as a home, Exodus Refugee's KYR document explains that, though officers can approach someone in public, the officer has to believe the person has committed a crime to arrest them.

Another resource for immigrants and advocates is the KYR information pages provided on the ACLU website, which includes specific scenarios like being arrested, stopped by police, having police or ICE arrive at a person’s home, advocating for a law to change or sharing information about law enforcement activity.

For those on college campuses, the situation can vary depending on the decisions of the university administration. A potential resource is the information in the FAQ “Immigration Enforcement on Campuses: What You Need To Know” published by the Presidents’ Alliance on Higher Education and Immigration, outlining institutional obligations in the event of ICE or other federal immigration enforcement presence on campuses.

A “red card” is a widely used resource that provides information about individuals' rights related to immigration. These cards are available in multiple languages on the Immigrant Legal Resource Center website, where users can download the artwork for free and print their own copies.

However, despite preventative efforts, detainment remains a possibility to consider and prepare for.

Oscar Rivas Jr., an immigration attorney at Huelskamp & Rivas, PC, said he and his team have seen firsthand how immigration policies are playing out on the ground.

“The groups with the most danger of ICE arrest right now are those with prior deportations, final orders for deportation (usually people who skip court), criminal records and those who have been here less than two years,” Rivas said via email. 

He also added the caveat that those groups are supposed to be the target of recent policies, but in reality, immigrants of any standing are being arrested.

“Right now, ICE seems to be arresting all immigrants that they encounter without proper authorization/documents to be here,” he said in a statement via email. “If people are arrested, they do have rights still. Many will be eligible for bonds that they can pay to be able to fight their cases from outside of custody. Others may not be bond eligible, but are able to seek relief from deportations.”

The question of whether or not to carry certain documentation can depend on a case-by-case basis.

Exodus Refugee’s KYR document advises people to carry documentation of legal status, such as proof of Temporary Protected Status, Deferred Action for Childhood Arrivals or a green card at all times. But if a person is undocumented, they should not carry foreign documentation, according to the organization.

Rivas said a common misconception about documents is that work permits or employment authorizations grant permanent legal status, but they only grant permission to work in the U.S. and not permanent residency.

One piece of KYR information provided by the National Immigrant Justice Center is information on how to plan ahead in the event of the deportation of a family member, which includes state-specific guidance on options for guardianship and power of attorney (POA).

In recent weeks, Daniel Rey-Silva, a non-detainee immigration lawyer and associate at DeFur Voran, said clients have been setting up a plan for their children or POA.

“For some reason, [if] you're detained, there's nothing that you can do, but you have bank accounts, maybe have rent or something along those lines,” Rey-Silva said. “You need somebody to take care of that stuff for you. I know [POA] is something that would be advisable for individuals that are high risk or something along those lines.”

According to the National Immigrant Justice Center (NIJC), the law around POA can vary and individuals should consider the decision based on their circumstances. Essentially, it is a document that allows a designated person — such as a trusted friend or family member — to access one’s bank account without needing to ask for further permission. To establish a POA in Indiana, the agreement has to be in writing, name the designated person and express that the person in question has the power to act on behalf of the person giving the POA, signed by that person or at their direction before qualifying witnesses.

In a case where someone is detained, they could be held in Brazil, Indiana, at Clay County Jail or there is a possibility they were transferred to be held in a different facility, according to Mariposa Legal. If someone is trying to find a person who has been detained, they can use the Online Detainee Locator System. 

Misconceptions

One part of staying informed is also making sure information online and on social media is factual and accurate.

Rey-Silva said he saw a lot of misinformation while watching videos that were “popular” with the Hispanic or migrant communities. Many included misinformation about the executive order involving birthright citizenship, claiming it is a law that has passed, and children recently born in the U.S. are not citizens.

“Legally speaking, you would have to change the constitution, so it's not as simple as that, but it comes out like this is already done, and that's the way that it's being portrayed in the videos,” he said.

According to an article by Reuters, a U.S. appeals court in San Francisco has upheld a ruling that prevents the executive order from taking effect nationwide, aligning with similar decisions by judges in Maryland, Massachusetts and New Hampshire.

For Rivas, he said people need to be wary of those who are taking advantage of communities as “notarios” or notaries — individuals who may falsely claim to provide legal services — are not attorneys. Several organizations, including on the Neighborhood Christian Legal Clinic's website, warn of notary fraud, which may result in lost time and money.

The Courts and Law

According to the Vera Institute, across the United States, “67 percent of people facing deportation in immigration court lack legal counsel. For people in immigration detention facing deportation, securing legal representation can be even more challenging.”

An important difference to note with legal counsel is the difference between attorneys who deal with detainee or non-detainee cases.

Rey-Silva said he works closely with “non-detained” individuals who often have a defensive asylum case to deportation, which means they are in the process of deportation through the courts. These individuals mostly entered the U.S. and were issued a Notice to Appear (NTA) but are released and required to file for asylum within their first year of being in the U.S.

According to the American Immigration Lawyers Association, an NTA, also known as Form I-862, is issued to a non-citizen by one of three Department of Homeland Security agencies, including ICE.

According to Syracuse University’s Transactional Records Access Clearinghouse (TRAC), as of December of the fiscal year 2025, there were 3.74 million active pending cases in the Immigration Court.

The data reported is for the first parts of fiscal year 2025, which in the federal calendar begins on Oct. 1 of the previous year and ends Sept. 30 of the following year.

According to TRAC, ICE held 41,169 people in detention as of Feb. 9. Of that, 54.7 percent of those in detention have no criminal record, and many others have only minor offenses, such as traffic violations. Once a case becomes detained, Rey-Silva said the situation changes for the individual and any legal representation they may have.

“It's much more difficult to represent somebody when they're detained because you either go visit them in jail or you have to set up some sort of arrangement with the jail to talk to them on the phone,” Rey-Silva said. 

Both attorneys said the biggest advice is to get in contact with an attorney as soon as possible, as the timeline of certain factors of immigration law also makes getting in contact with an attorney important.

“Hire an attorney as soon as possible because there are deadlines,” Rey-Silva said. “Again, for asylum, there's a one-year deadline — once that's passed — that's almost basically gone. It is very challenging to find an exemption for that one-year deadline.”

Once an individual has an attorney, one way to help their case is to keep track of their records, which Rey-Silva said can be an issue if people were unable to take photos before fleeing a country or lost their records.

“Just trying to keep things on a cloud because the phone is not really a great location to save files because you can lose it, or it breaks,” He said.

If lost, he said attorneys would have to try to FOIA (Freedom of Information Act) them, which requires filing requests with different institutions and governmental bodies. When a potential client comes without records or documentation, some firms might decide not to take a case due to the limited time and resources available.

The current state of affairs also means that immigration lawyers are especially stretched thin. Rey-Silva said his firm had to put a pause on taking on any new clients as they handled cases and requests.

“At least in our office, we're at capacity, and we're having to refer out a lot of work,” Rey-Silva said. “… It's an everyday thing. We're just trying to figure out where things are going.”

Firms also have screenings that might determine their willingness to take on a case. Rey-Silva said a big factor taken into consideration could be whether they would be eligible for a family petition or asylum.

Community and Self-Care

Whether a person is an immigrant of any status, a teacher, a lawyer or a student, there are factors and paths to take into consideration.

“In this office, I think they get tired of hearing it, but sleep well, eat well, take care of yourself, so you can do the best you can with what you have,” Rey-Silva said.

Olson said a community is upheld through asking questions.

“Community is the backbone of society. Without a community, we can't function,” Olson said. “We are not good societal members if we are not willing to stand up and question the people around us, so I try to preach that to my kids.”

For those feeling stuck or helpless, Leininger said people have to turn “that despair into action.”

 “All of us together are much stronger than one person signing a piece of paper,” Leininger said.

Contact Abigail Denault via email at abigail.denault@bsu.edu.

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