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Witness. Accompany. Advocate. Defend

Witness. Accompany. Advocate. Defend “Mobilize an emergency response network in Sonoma County, with dispatchers and trained legal observers to witness and record immigration enforcement actions, and to provide legal and accompaniment services to affected persons and their families”.

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Witness. Accompany. Advocate. Defend

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  1. Witness. Accompany. Advocate. Defend “Mobilize an emergency response network in Sonoma County, with dispatchers and trained legal observers to witness and record immigration enforcement actions, and to provide legal and accompaniment services to affected persons and their families”

  2. Introductions • Name • Why does this issue matter to you? • Why does it matter to our community? • Sign-Up sheet circulated at the end if you want to join Rapid Response Network or be a legal observer

  3. Larger Context: What is ICE? Who is a “target”? • Who Are “We”? • What is Rapid Response and Why it’s needed QUESTIONS BREAK • Legal Observer: How It Works • Your Rights, Your risks, Protecting Yourself • Close Out & Sign Up UNANSWERED QUESTIONS

  4. LARGER CONTEXT What is ICE? We say “ICE” to generalize immigration enforcement agencies. Agencies that do enforcement: Immigration and Customs Enforcement, Homeland Security Investigations, Customs and Border Patrol, Department of Homeland Security, other Federal agencies working in immigration enforcement

  5. LARGER CONTEXT What is “targeted enforcement”? • ICE detentions have grown from 19,128 to 58,010, according to NBC's review of ICE figures. During the same time period, the numbers show that arrests of undocumented immigrants with criminal records grew just 18 percent. • The pace of arrests of immigrants without criminal convictions may be picking up. From the seven months ended March 31, the most recent period for which numbers are available, ICE arrested 16 percent more non-criminals than in the seven months from Feb. 1, 2017 to Aug. 31, 2017, while arresting nine percent fewer criminals

  6. Federal Enforcement

  7. WHO IS “WE”

  8. What is the Sonoma County Rapid Response Network?

  9. WHAT IS RAPID RESPONSE

  10. Why it is needed?Do undocumented people have any legal rights in the U.S.? • 1st Amendment: freedom of speech, peaceable assembly, and to petition government for redress of grievances • 4th Amendment: Protects against unreasonable search & seizure without signed judicial warrant • 5th Amendment: Right to remain silent and not incriminate one’s self • 7th Amendment: Right to due process; right to have a hearing in court and consult with an attorney

  11. Know Your Rights

  12. (Unconstitutional) ICE Raids • 99.9% of ICE raids do NOT have a signed judicial warrant and are therefore unconstitutional • Officers often use deception to gain entry to homes and work places: • lie about who they are (e.g. checking on gas, police looking for a criminal) • Lie to get person to sign something waiving their rights to a hearing

  13. (Unconstitutional) ICE Raids • Officers often use coercion to gain entry: • pointing weapons • threatening arrest of everyone in household for harboring an undocumented immigrant if the person doesn’t cooperate. • Officers sometimes use force: hitting people, damaging property • Collateral arrests and quotas: mass arrest of people who happen to be present when ICE breaks in looking for one person

  14. W hat is a “Legal Observer”?

  15. MIGRA WATCH MODEL • Modeled after Cop Watch: holding law enforcement accountable • Encourages and supports those threatened with an ICE raid to exercise their constitutional rights and avoid preventable arrest • Exposes ICE raids so they don’t occur in the dark anymore! • Helps document constitutional violations and abuses that occur during ICE raids so those arrested can fight detention and deportation in the courts • Helps to prevent family separation

  16. Do you need any special legal skills or authorityto be a “Legal Observer”? NO.

  17. LEGAL OBSERVER: HOW IT WORKs • Dispatcher receives a call about ICE raid to hotline (phone number TBD) • Dispatcher sends text-alert to trained Legal Observers in the vicinity • DO NOT REPLY IF YOU ARE UNAVAILABLE—ties up communication • If you reply “OTW” (on the way), you receive additional instructions • While you’re on the way, dispatcher is on phone providing know-your-rights info to caller

  18. Verify the Raid(text the dispatcher) • Identify the agency. You should be able to see agency name on agents’ attire and vehicles • ICE: Immigration Customs Enforcement • HSI: Homeland Security Investigation • DHS: Department of Homeland Security • If they’re wearing civilian clothing and/or driving unmarked cars, take a photo and send to dispatcher for further verification • Be aware of the scope of the ICE action: yellow tape, vehicle blockades, etc.

  19. ROLES: If you have two or more volunteers • Cameraperson #1 • Note-Taker • Cameraperson #2 • Community Liaison: explain your team’s role to anyone gathered • ICE Liaison: De-escalate, buy time, move ICE away from filming/note-taking team members

  20. WHAT TO DOCUMENT • Badge numbers • Names and/or descriptions of officers • License plate and ID# • Actions and words by ICE: be specific! • Rude language or swearing • Offensive language or hate speech, including identity-based language (racist, sexist, homophobic)

  21. WHAT TO DOCUMENT • Searches of person, bag, car, home, pat down, stops • Asking for personal information of family members, and what was said in response to this • Property damaged or confiscated

  22. WHAT TO DOCUMENT • Violence: BE SPECIFIC! • What type of physical force (pushing, shoving, blocking, grabbing arms, etc.) • What hand was used. What foot was used? • What type of weapons (e.g. shove, punch, baton, gun, pepper spray) • How many times hit? • What parts of the body? • Cuffed or held down?

  23. WHAT TO DOCUMENT • Injuries: number, type, and location (e.g. “two baseball-sized bruises on back”) • Info on ambulance and medics, license plate #, names and ID# • Hospital where treatment was obtained

  24. WHAT TO DOCUMENT • KEEP YOUR CAMERA ON ICE, NOT COMMUNITY MEMBER. • Don’t make assumptions or judgments. Just record what happens. • If ICE tries to talk to you, let them know you’re NOT a representative or spokesperson for the impacted family, and can’t talk to them further

  25. LEGAL OBSERVER RIGHTS & RISKS Do Legal Observers have any special rights? NO. • Law enforcement are ostensibly trained to understand filming is legal, but in practice it’s a gamble. • Don’t turn your camera off, don’t stop recording You do not have special rights, but you can avoid arrest.

  26. LEGAL OBSERVER RIGHTS & RISKS Avoid arrest by taking a few simple steps: • Be aware of the scope of the ICE action: yellow tape, vehicle blockades, etc. • Do not obstruct ICE actions. • Be flexible and fluid as to where you position yourself. • Stay in public spaces (sidewalks, walkways to home/apartment, any place you’d reasonably expect the public to have access to • Avoid places marked “Private Property”/“No Trespassing” • Avoid going through locked gates, chained driveways

  27. LEGAL OBSERVER RIGHTS & RISKS Avoid arrest by taking a few simple steps: • Stay out of grabbing distance. Use your street smarts. • Stay within earshot but a few car lengths away so you’re not interfering. • Stay quiet except for stating the date, time, location, badge number, or license plate number • Do not argue or interact with ICE. The law is decided in the courtroom, not the streets. • Stay calm. Don’t get caught up in the situation.

  28. LEGAL OBSERVER RIGHTS & RISKS Avoid arrest by taking a few simple steps: • Back up about an arm’s length and keep filming • Repeat the officer’s words: “OK, I’m backing away.” • PRACTICE “MINIMAL COMPLIANCE”: • If officer asks you to back away:

  29. SKIT!

  30. WHAT TO BRING • notebook • pen • watch • cell phone • Put a password lock on phone so officers have to get a warrant to see info on it • water, food, etc. • Know-Your Rights materials • Green Card or valid visa (if applicable)

  31. WHAT NOT TO BRING • Anything that could be considered a weapon (pocket knife, etc.) • Any drugs or alcohol (including medical marijuana or marijuana card) • Any sensitive documents you don’t want ICE to see if you’re searched • If you’re undocumented: • Do not carry any identity documents that give away your place of birth or national origin • Do not answer questions by ICE • Ask to speak to a lawyer if taken in for interrogation

  32. CLOSING OUT AN OBSERVATION • If ICE apprehended someone, talk to the family/co-workers and get detainee’s: • name • date of birth • country of origin • Permanent Resident Card# (“green card”) (if applicable) • name of immigration/deportation defense attorney (if applicable)

  33. CLOSING OUT AN OBSERVATION • Verbally record or write a statement while it’s fresh in your mind: date, time, number of observers. • Be as specific as possible. EXAMPLE: “At 4:35am at Dutton Ave. and West Barham, Officer Smith shoved his right hand into Maria Alvarez’s chest, placed cuffs on her, and pushed her into an unmarked white van. Two Migra Watch observers were present: Maria Gomez and Michael Martin.”

  34. CLOSING OUT AN OBSERVATION • Send dispatcher your documentation written notes, video, photos) • Do not post anything to the internet without permission from Migra Watch team • Send a final text to dispatcher to “check out” – otherwise we will worry about you! • Discard and delete your documents after dispatcher notifies you everything received ** NOTE ** Avoid unnecessary recording of community member(s) in order to protect against future incrimination. Migra Watch will discard all excess recordings not necessary to defend the rights of the community

  35. QUESTIONS? SIGN-UP SHEET

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