Dear reader,
As the number and scale of ICE raids continues to escalate and monumental and destabilizing policy changes are being enacted daily by Trump-aligned officials in Washington, D.C., and beyond, it’s increasingly important for average citizens to know and enforce our constitutional rights.
So far, Saratoga and its public high school have been safe from ICE raids. But as we are in the same state as the major ICE-targeted cities of San Jose and Los Angeles, it wouldn’t hurt to educate yourself on what you can do to protect yourself if you were to be put into a compromising position.
Trump’s administration has already censored government information on climate change and mentions of transgender people, after all, so it’s possible information about our constitutional rights might also be slowly eroding.
No. 1: You have the right to remain silent
You have the right to remain silent, and to speak to an attorney before you go forward with any legally binding action. You do not have to answer any questions an ICE officer asks you or sign anything they ask you to sign. Tell them you do not want to answer any questions, and if pressed, tell them you are exercising your right to remain silent. Above all, refrain from lying to ICE, as this could have negative legal repercussions.
No. 2: You have the right to refuse searches.
Unless an ICE officer provides you with a warrant signed by a judge, you do not have to let any officers into your house or car. You have no obligation to let them search your belongings. You do not have to let them look through your phone. Ask them to slip the warrant under your door or through your car window if you are inside, and check to see if it is a legitimate document. Do NOT attempt to run away from ICE; that would worsen the situation.
No. 3: You have the right to leave if you’re not under arrest
If you are not being let go from an ICE interrogation, ask the officer(s) if you are being arrested. If you are not being arrested, you legally have the right to leave, and they cannot unlawfully keep you in custody. I would recommend you doing so, again, since you should ideally not be speaking to an ICE officer without a lawyer present.
No. 4: Be smart in how you deal with immigration officials
The officer might also attempt to claim they are your local or federal police. Be cautious, and remember your rights listed above, as they apply both to ICE and regular law enforcement.
If you believe you are at risk of being targeted by ICE, it might be beneficial to obtain your citizenship documents and make several copies of them to store in a secure location.
Undocumented POC citizens are the most at-risk group, but even if you are non-white and a legal immigrant or native-born citizen, you may still be targeted by ICE and should proceed with caution. In every mass deportation in American history, a percentage of the deportees (whether accidentally or not) end up being legal American citizens. Think, for instance, of the interment of 120,000 people of Japanese ancestry in dismal camps created in places like Manzanar and Tule Lake in WWII; 70,000 of those people were U.S. citizens.
No. 5: You have the right to free speech and press
The First Amendment gives all Americans the right to free speech. You have the right to criticize the government and to engage in online activism – spreading awareness, writing complaints letters to your Senators and House of Representatives members, calling their offices or sharing any content and resources the federal government has removed off its websites. In fact, these actions are all important cornerstones of social justice, and if you have any desire to help make changes in our government you might want to consider partaking in them.
For phone calls specifically, I found 5calls.org is a great resource to use, as it gives you the list of all of your government representatives by location and a great variety of scripts to follow when talking, if you struggle with phone anxiety.
Similarly, supporting independent organizations that fight for press freedom can help push for more accurate news about the current political climate. I personally follow the newsletter Erin In the Morning for news relating to transgender people in the U.S., but I can also recommend the Law Dork for news on the legislature, and HEATED for news on climate change.
No. 6: You have the right to protest peacefully
If you have the opportunity and want to go beyond to support causes you are passionate in aiding, in-person protests can be a very effective route to enacting change. However, it’s important to be careful when protesting (especially as part of larger protests), as historically law enforcement does not react well to even peaceful protests. See the Black Lives Matter movement a few years back, for example.
I personally recommend you turn off all location tracking on your phone and keep it off. Wear nondescript, practical clothing, with comfortable shoes, hiding any overtly identifying features. Refrain from wearing contact lenses, as they can get irritated if teargas was deployed. Bring a first aid kit, an extra power bank and charger, cash, any medication you might need were you to get held up, and a photocopy of your ID.
Bring snacks, since you might be out for a while. Bring a water bottle for drinking and flushing out wounds and eyes. Write the phone number of a reliable and trusted adult somewhere on your body with a permanent marker, just in case you need an emergency contact. Preferably stay in a group of people you know near the middle of the procession.
Stay safe out there, guys.
