WASHINGTON D.C. >> In an effort to inform Lake County residents who are not citizens or even naturalized citizens, the American Civil Liberties Union hosted a Zoom podcast from the nation’s capital on January 9 to affirm people’s constitutional rights , said John Gilbert, ACLU’s national organizing coordinator..
Anu Joshi, ACLU national director of their immigrant campaign, a Los Angeles native began by asking podcast listeners to take to their cell phones and call t5heir U.S. Senators to oppose the Lanken Riley bill making its way through Congress. This bill will allow ICE agents to take custody of people in the U.S. illegally and detain them, if they are arrested, charged or convicted of burglary, theft, larceny or shoplifting, she cautioned.
“Threats were tracking: the Trump Administration has planned maximum deportation, and it can happen in many ways,” Joshi said. She went on, people could be deported without proper process, and it is already occurring in Bakersfield, she maintained. Furthermore, the new administration is planning to confront sanctuary cities and counties harboring non-citizens. “The Trump Administration is threatening to withhold federal funding and of revoking the Sensitive Locations memo,” she said. “They will allow arrests at schools, hospitals and churches. Trump plans to revoke birthright citizenship, protected by the 14th Amendment, and re-institute the Muslim/African ban and revoke Deferred Action for Childhood Arrivals (DACA, protecting youngsters brought to U.C. without documents by parents).
Those particularly vulnerable are newly arrived immigrants, especially those from countries willing to accept them back. “Based on our best cognitive knowledge, some Sheriff Offices are working pro-actively, reaching out to ICE and Border Patrol on information on detention capacity,” Joshi said. Steps governors can take Joshi noted are enacting sanctuary measure. Cities can open Offices of Immigrant Affairs and mayors can work with pro-immigrant policies declared by state officials. Joshi also repeated the importance of opposing the Congressional Bill, HR29, the Lanken Riley pending legislation to allow deportation without due process (court hearing) and have immigrants held in detention, even for nonviolent crimes such as shoplifting, she cited.
Silvana Caldera, is ACLU senior strategist for immigrant rights. Caldera noted, no city, county or ICE official can demand an immigrant answer question about immigrant status. “Say to an official trying to interrogate you, ‘I am going to exercise my right to stay silent,'” Caldera said. But she cautioned there are exceptions at the international border or at airports. But, at work, school or on the street, immigrants can exercise right to noncooperation. Yet she advises that immigrants at all times carry immigration papers and/or Green Cards or Driver licenses. If asked for any of the above, a person must display them. Also, if asked for one’s name everyone should provide it. Yet if detained, an immigrant does not have a right to be provided a lawyer but does have the right to consult with a lawyer. In addition, if any law enforcement agent comes to an immigrant’s home, they can decline to answer questions, but be certain not to sign any documents without conferring with a lawyer.
“You have the right to contact your home country’s consulate,” Caldera added. “Remember to keep copies of immigrant papers with someone you can trust, Don’t answer questions without a lawyer if charged with a violation. And be careful of your answers (if provided) and your behavior, because it can impact the outcome of your legal case.” She also cautioned, if immigration agents arrive at your home, always ask to ese their identification or badge. In addition, immigrants, if confronted with detention at home, they should remember to ask for a warrant signed by a judge. If there is no warrant a person can refuse entry to their home. If an agent does gain entry to a home without permission, that person can refuse to answer questions. Also, do not sign any statements without conferring with a lawyer and never present false documents.
Following up, John Gilbert, ACLU national organizing coordinator issued a warning regarding immigrants getting involved with participating in public protests. He noted, federally, everyone one has a basic right to protest. But it may change whether a person is on public or private property. When on private property, the owner can make much of the determination of what can be allowed. And always be cognizant of the fact, the owner can determine a protestors option.
Regarding videoing law enforcement, everyone if lawfully present at a location, they have a right to photograph anything, on a public space. However, some states might require getting advance permission before recording at nonpublic events. If dealing with an individual arrest, write all details down, Gilbert warns, any time a protestor gets a warning, also write it down including what was said. and how audible it was. “Finally, if arrested, inform the ACLU,” said Gilbert. “We want to support you in the process.”
