The power of protest is a fundamental aspect of American democracy – but it carries unique risks, particularly for immigrants. David Secular, a defense attorney based in New York City, offered advice to keep in mind before attending a protest. According to Secular, protesters put themselves in harm’s way and/or risk unlawful arrest because they are viewed as obstructing the administration of justice. They are often harshly detained until an arraignment and must respond to criminal charges, which are unlikely to withstand judicial scrutiny. According to Secular, when it comes to non-citizens the charges can be far more severe.
The following are crucial warning signs to be aware of before attending a protest:
- Listen to Law Enforcement: If you are told to stop your activities or leave the area, it’s critical to comply to avoid arrest or charges.
- Make Immigration Status a Priority: As a non-citizen, your current and future immigration status, as well as your visa applications, could be affected if you are arrested, charged, or convicted while participating in a protest.
- No Need to Answer to ICE: If questioned by Immigration and Customs Enforcement, you are not obligated to answer questions or provide information about your immigration status.
- Know Your Rights: If you are detained, remain silent. What you say to police can be used against you. Request a lawyer immediately.
- Your Home is Still Your Temple: If Immigration and Naturalization Service agents or law enforcement officials try to enter your home after your release, do not open the door unless they have a judicial warrant. This is based on the Fourth Amendment, which protects individuals from unreasonable searches and seizures.
Source: www.mouthdigitalpr.com
