How to Protest while Undocumented
Protests
Tips for and By Undocumented People Who Want to Protest, NYSYLC
https://www.instagram.com/p/CA0hvTqg2qU/
Protesting While Undocu by Val and Alán (A 101 on BLM Protests)
https://www.instagram.com/p/CA0jxxNALmz/
Top 6 Digital Safety Tips for Undocu Folks
https://unitedwedream.org/2020/06/top-6-digital-security-tips-for-undocu-folks/
ICE/Police Encounters
Know Your Rights: Immigrant’s Rights, ACLU (available in Spanish)
https://www.aclu.org/know-your-rights/immigrants-rights/
IDP Immigration Consequences of Convictions
https://www.immigrantdefenseproject.org/updated-immigration-consequences-convictions-checklist/
KYR resources, info & guides on ICE encounters from Make the Road New York
https://maketheroadny.org/know-your-rights/
IDP KYR Information about Encounters with ICE
https://www.immigrantdefenseproject.org/ice-home-and-community-arrests/
ILRC Red Cards for Immigrant Rights
https://www.ilrc.org/red-cards
General KYR Resources on Protesting and Other Topics
ACLU Know Your Rights: Protesting (English and Spanish)
https://www.aclu.org/know-your-rights/protesters-rights
What You Need to Know About Encounters with the Police, Legal Aid Society
https://legalaidnyc.org/get-help/arrests-policing/what-you-need-to-know-about-encounters-with-the-police/
What You Need to Know About Criminal Court, Legal Aid Society
https://legalaidnyc.org/get-help/arrests-policing/what-you-need-to-know-about-criminal-court/
General Safety Recommendations for Protesting
Amnesty International USA: How to Stay Safe During a Protest
https://www.amnestyusa.org/pdfs/SafeyDuringProtest_F.pdf
Q&As
Should I participate in the protest if I do not have a legal immigration status?
- This is an individual choice and whatever choice you make is fine. There are a lot of variables that should be considered to make this choice. Here are the major ones that should be considered:
- Am I okay with the possibility of being transferred to ICE?
- Am I physically, mentally and financially prepared for that?
- Do I have a support group that is ready to organize to protect me?
- Do I have an immigration bond packet ready?
- Do I understand the consequences of an arrest on my current immigration status and future immigrations statuses I will seek?
- Do I understand the consequences of an arrest on the mental wellbeing of my family and friends?
Will I be transferred to ICE by the MPD if I am arrested in a protest in Milwaukee and …
- I have an active removal order? If you have an active removal order or have had one at any point, it is recommended that you do not go to a protest because if you are arrested you will be transferred to ICE.
- I have DACA? Remember that DACA does not give you a lawful, legal presence. The Milwaukee Police Department has agreed to not work with ICE on these cases, so if you are arrested in Milwaukee, MPD should not uphold the ICE detainer and release you along with other protesters. Police departments across the country however, are being excessively punishing so if you are arrested by MPD they could just decide to uphold the detainer and transfer you over to ICE.
- If you have a green card or visa? ________ ( I am honestly not sure what the recommendation is for them)
- It is important that you have a support group that is contacted immediately upon your arrest so that they can make calls to MPD to ensure they do not uphold an ICE detainer and release you immediately! The best case scenario is that you have your support group’s information on a card and can hand it over to folks around you not being arrested so they can contact them as quickly as possible. If that is not possible, make sure you have one contact number of someone in your support group on your body so that you can contact them as soon as you are allowed your call. The faster folks are able to contact MPD the higher the chances that you will not be transferred to ICE.
What happens if I am transferred to ICE? What should I do?
- You will officially be in ICE custody and could be placed in removal proceedings. Most people will be able to get out of ICE custody through an immigration bond. Securing an immigration bond can be difficult. There may be lawyers that will support for free, pro-bono but if you are unable to secure one, you will have to pay for one or a family member or friend will have to manage the process for you. Make sure you are mentally prepared for that financial burden.
- To ensure a bond is secured quickly it is HIGHLY RECOMMENDED you have an immigration bond packet ready, before you go out to a protest. An immigration bond packet is a tool where you can compile important information that can be used to secure your bond, like immigration history, employers, community groups you are active in and friends. HERE is a sample of one you can fill out and have ready at home.
If I get arrested or receive a citation during a protest, will it impact my eligibility for adjustment of status?
- It would depend on the reason for the arrest or citation. Recommendation: find out what the charges being given locally are; they are location specific, and then talk to an immigration attorney about how those charges would have an impact.
If I have an application pending (U Visa, AOS, etc) is it safe for me to participate in the protests?
- USCIS is looking for reasons to deny applications now more than ever. If there is a way to protest and avoid arrest or citations, take that route. Also, check with your immigration attorney that filed your application to see what weaknesses your case for relief has in order to avoid adding to them.
- What should undocumented/DACAmented people do to protect themselves if they choose to participate in case of an arrest or citation?
It is recommended that undocumented or DACAmented people consult with an immigration attorney to learn if they would currently be eligible for bond if they were detained by, if they are eligible for any relief options, or if they would be safer avoiding all contact with the police/immigration officials because of their lack of options. Each individual has a different situation based on their personal histories.
Checklist for Preparing to Protesting
- Confirm Support Group -- contact your support group to let them know you are going out to protest and they are listed as a contact
- Prepare Immigration Bond Packet -- complete the packet and make sure your support group knows where it is
- Contact Immigration Lawyer -- if you have an immigration lawyer let them know you are planning to go protest, some will try to dissuade you from doing so but remember that this is YOUR choice
Checklist of Items to Take
- State-issued ID (if you have one)
- Support Group Contact Info Card
- One Support Group Contact Written on your Body
Other Recommendations
- Be strategic about your place in the protest. Obviously the point is to NOT get arrested, this is all in case of an emergency if MPD does large sweeps at protests.
- DO NOT post pictures or documentation of you at a protest on social media. DHS reviews social media of all immigrants when they are applying for DACA or adjustments of status.
- DO NOT let your friends include you in their posts.
- DO NOT take your DACA with you as that will make your immigration status apparent.
- When being arrested or cited you are NOT required to state your immigration status. When they ask if you are a citizen just say, “I am not legally obligated to answer your question.” Be ready for them to pressure you to answer, but don’t budge. Take deep breaths and repeat your answer as many times as necessary until they stop. This is easier said than done, practice and role play help a lot. If you are with a group of friends have them answer in the same way so that you are not singled out.