― Quote by
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.
- 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.
- 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.
- 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.
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
If you are an employer:
- 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:
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 Stay) Exercising your superpower…
Allowing the degrading of rights for some, degrades rights for all:
- 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.
For those who are more directly threatened…
Materials to share…
- Know your rights and what immigrant families should do now. (ilrc.org) Comes in 8 different languages.
- Know your rights – ACLU
Immigrant, Within 100 miles of a border, Dreamer (DACA), enforcement at the airport
Consider installing the ACLU’s Migracam app
Quick links from ilrc.org.
LIST OF FREE/LOW-COST LEGAL SERVICE PROVIDERS.
- For California, see Community Resources for Immigrants, at www.ilrc.org/comunity-resources
- Nationwide, see www.immigrationadvocates.org/nonprofit/legaldirectory https://ready-california.org/legal-service- directory/
- For a national list of organizations specifically for removal (deportation) defense, see the Department of Justice List of Pro Bono Legal Service providers at www.justice.gov/eoir/list-pro-bono-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
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 NETWORK: www.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/