Sat. 7/13: “Justice will not be served until those who are unaffected are as outraged as those who are.”

― Quote by Benjamin Franklin

Action – Allies: arm yourself with information and be ready to step in and help.

Tomorrow, Sunday, July 14th, our president will start terrorizing peaceful people living amongst us in order to crank up his base and dislodge a string of embarassments from the news. These may include: his 4th of July event bankrupting DC’s security fund, retroactively creating a Revolutionary War airforce, the government’s own lawyers trying to jump off the census question ship, he and Jeff Epstein having to pay 28 women to give them the time of day, or former President Jimmy Carter saying that “He lost the election, and he was put into office because the Russians interfered on his behalf.”

What we do know is that allies who stood together with those who may be affected at yesterday’s  700 800(!) Lights for Liberty vigils have more work to do. We’ll be asking you to make calls and write to legislators, but we’ll also ask that you use your “superpowers” when you can. Those of us who are cloaked in the invincibility of citizenship and knowledge of our laws have a responsibility to monitor the actions of our increasingly out-of-control government.

Being confronted by law enforcement in any circumstance is a stressful experience. The potential trauma of family separation or being placed in an inhumane detention camp can make it even harder for someone to think clearly. Or even breathe. Although allies can’t physically interfere with arrests, we can give people time to regain composure, document law enforcement actions, and help protect their rights.

First –  watch this.

Now, we’re all wondering… is it easy to tell the difference between different kinds of warrants?

(This information is from ildc.org, and is for CA only.)
There are 3 different kinds of warrants. This is information we should all know.

  1.  Arrest Warrant: Only type that gives law enforcement right to arrest someone. It must be issued and signed by a judge. The arrested person has right to remain silent.
  2. Search Warrant: This also must be issued and signed by a judge or magistrate and gives law enforcement the right to ENTER a private address (home or private business) identified on the warrant to question people and inspect the premises. The arrested person has right to remain silent.
  3. Administrative Warrant (ICE warrant): This is the most common kind of warrant that ICE carries, which they sign themselves. A judge does not sign an administrative or ICE warrant. This type of warrant gives ICE agents authority to arrest a person for civil immigration purposes. If a person is stopped or detained by ICE or other immigration officials, that person should not give their name. They should ask for a lawyer and they should tell the officer they wish to remain silent, or even easier, hand over a ILRC Red Card. This type of warrant does not give ICE legal authority to enter a home.

two kinds of warrants

An larger-scale ICE warrant with explanatory annotations can be seen here.
IRLC reminds vulnerable community members that the best concept is to NEVER open their doors, as assessing all the variations of warrants is complex, and ICE very rarely has a valid warrant.

Where might an ally be able to help – sharing information

Share information on how to deal with a home encounter. (More information at bottom.) If you know someone with little access to computers, print out information for them. No police or immigration officer can enter a private house to conduct a search unless they have either the consent of the occupants, or a judicial warrant. signed and issued by a judge or magistrate. An ally should know that unless they are actually roommates, a landlord can’t give police or immigration officers permission to enter the dwelling to perform a warrantless search

(en español)

If you are an employer: 

(en español)

  • Many stores, businesses, and workplaces are located on private property but are open to the public for business. For example, public waiting rooms or restaurant dining areas. During business hours, when these locations are open to the public, they are considered “public areas” by ICE and CBP. In public areas, the standards for both questioning and seizure during ICE raids are generally the same as discussed for public spaces. However, employers can ask ICE and CBP to leave (as they can any other patron).
  • When Immigration officials question a person in a public space, the person does not have to answer the questions and should be allowed to walk away.
  • A new law, CA AB 450, provides additional protections. An employer MAY NOT provide consent for Immigration agents to enter non-public areas of the workplace (private offices, restaurant kitchens, or workshops) without a judicial warrant.
  • Employers and their representatives are also prohibited from allowing immigration agents to access employee records, without a subpoena or judicial warrant (excluding I-9 audits). AB 450 also provides certain protections around I-9 audits

If you are a bystander in a public place:

One woman who knew her rights force border patrol off a greyhound bus (ACLU) (Her facebook post on the incident here.)

ICE and CBP are legally allowed to go anywhere that is a “public place”, such as parks and streets, and to question people without a warrant as long as they have a “reasonable suspicion” that the person is an immigrant. That “suspicion” cannot be based on the race or ethnic appearance of a person alone for a stop or arrest.

Things get more intense with immigration enforcement within 100 miles of the border, as they are allowed to ask for ID, just as they are allowed to search your car at border checkpoints. Bookmark the rules from the ACLU here. A person ALWAYS HAS THE RIGHT TO BE SILENT, including allies. A whole busload of silent people, for example, might be annoying enough to get them to leave.

(some items from Here to StayExercising your superpower…

  • If you see ICE checkpoints, you could ask why are they stopping, searching vehicles and where are they taking individuals who are being detained?
  • If ICE is asking for ID on a train, bus, or other spaces, refuse to show your ID – ask questions about why they are there in the first place and put yourself between ICE agents and undocumented individuals
  • If ICE agents are seen posted outside of homes inquire who they are searching for and why?
  • Ask for a warrant – remind people of their rights. 
    • “You have the right to remain silent.”
    • “You can ask if you are free to go, and if you are, you have the right to walk away.”
    • “Do not sign anything without talking to an attorney.”
  • If you see someone being detained, ask why is the person being detained? Ask where will they be transferred to?
  • Record badge numbers, license plates, and everything that happened in the incident by writing it down and video taping. As much as possible, try to learn and document what role ICE officers and local law enforcement played during the activity.
  • Know who is really involved: Sometimes ICE and immigration agents will be wearing jackets or carrying other items that say “ICE Police” or “Police.” Local law enforcement often wear a local uniform and carry a badge that indicates their agency and should identify themselves if you ask who they are. A new law in California—AB 1440—states that ICE and immigration agents can longer claim to be police, but that may not always be observed in practice. 
  • Know your rights as a U.S. Citizen – you have a right to be present, observing, bearing witness, praying, photographing and videotaping. (Rules for CA)
  • If ICE warns you and asks you to step back while videoing/photographing, it is best to follow directions, as they may confiscate your camera.
  • Assign someone to de-escalate the situation if you are able to gain space while activity is happening
  • Be ready to show up and do a vigil at the ICE field office, detention center or jail where people are being held to advocate for those immigrants to be released on bail

image.png

Allowing the degrading of rights for some, degrades rights for all:

Report

  • Tell the ACLU if you’ve witnessed Border Patrol or CBP officials violating constitutional rights. They want to know. You can contact the ACLU’s Border Litigation Project here.
  • Setup your phone to report raids in progress: Raids can happen anywhere. Get your phone ready to go (see example below) and report raids to the National Immigration Detention hotline (385)- 212-4842 and to United We Dream (844)-363-1423. They are scheduled to start this Sunday. Video all arrests. Share this raid and deportation information kit with those who may need it.

Image-1.jpg

For those who are more directly threatened…

Materials to share…

805Immigrant.org

Red de Respuesta Inmediata

Consider installing the ACLU’s Migracam app

Example videos

(en español)

Quick links from ilrc.org.

LIST OF FREE/LOW-COST LEGAL SERVICE PROVIDERS.

ILRC “RED CARDS” AND CARTOON DISPLAYING HOW TO USE THE RED CARDS: ILRC Red Cards and related resources are available at www.ilrc.org/red-cards

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ILRC POST-ELECTION MATERIALS. THE ILRC UPDATES THIS REGULARLY. IN PARTICULAR, SEE:

  • Know Your Rights and What Immigrant Families Should Do Now Family Preparedness Plan
  • Plan de Protección Familiar
  • All available at www.ilrc.org/community-resources

KNOW YOUR RIGHTS, LEARN HOW TO PROTECT YOU AND YOUR FAMILY DURING IMMIGRATION RAIDS, CASA: A great resource available in various languages and with illustrations, regarding rights in various contexts. http://wearecasa.org/resources/know-your-rights

KNOW YOUR RIGHTS: WHAT TO DO IF YOU’RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI, AMERICAN CIVIL LIBERTIES UNION (ACLU): These are excellent resources for community members seeking advice regarding what to do if stopped by local law enforcement as well as immigration agents: https://www.aclu.org/know-your-rights

KNOW YOUR RIGHTS IF QUESTIONED ABOUT IMMIGRATION STATUS, ACLU: www.aclu.org/know-your-rights/what-do-if-questioned-about-your-immigration-status

KNOW YOUR RIGHTS, A GUIDE TO YOUR RIGHTS WHEN INTERACTING WITH LAW ENFORCEMENT: www.aclu.org/know-your-rights/what-do-if-questioned-about-your-immigration-status

CATHOLIC LEGAL IMMIGRATION NETWORKwww.cliniclegal.org

WHAT TO DO IF YOU OR A LOVED ONE IS ARRESTED, NATIONAL DAY LABOR ORGANIZING NETWORK (NDLON): http://altotrump.com/resources/know-your-rights/

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