Know Your Rights: Non-Citizens Protest - Neighborhood Defender Service

What are my rights to protest if I am not a U.S. Citizen?

Everyone in the US, including non-citizens, has the same First Amendment rights to assemble in protest and express their views. This means you have a right to gather in public, to hold signs, and hand out flyers.

What should I do if I am arrested by the NYPD?

STAY SILENT. Say “I want to remain silent. I want a lawyer.” Say nothing else. Do not consent to a search of your pockets or belongings. Say, “I do not consent to a search.” Ask to speak to a lawyer immediately. Good Call can connect you to a free lawyer at 833-3-GOODCALL (833-346-6322). If you are in local police custody, do not agree to give saliva samples and do not accept any gum, drink, or cigarettes as this can all be used to collect your DNA. Do not sign anything until you can speak with a lawyer about your rights. Make sure you inform your lawyer that you are a non-citizen so they can inform you of any risk of ICE enforcement and other rights. Read more on your rights if arrested at https://www.legalaidnyc.org/get-help/arrests-policing/what-you-need-to-know-about-protesting-nypd-brutality/

Where will I be taken if I’m arrested by the NYPD?

You may be taken to the local police precinct or to Central Booking, which is at 1 Police Plaza in Manhattan. In addition to being questioned by NYPD, you may be questioned by the FBI or other law enforcement about your political associations and beliefs. If you’ve been previously deported, you may show up in the NYPD system and be detained by police.

Is there anything I should know about being arrested by the NYPD?

If you are arrested by NYPD at a protest, you may receive a white Desk Appearance Ticket (DAT) and will have to appear at court at a future date for the criminal case. You are likely to be fingerprinted when you receive these tickets. If you are fingerprinted, ICE will automatically be notified of your arrest regardless of the charges.

Instead of receiving a DAT, you may be taken to criminal court in the borough where you were arrested to see a judge. Under the law you are supposed to see a judge to hear the charges against you within 24 hours. At this court appearance, you will be assigned a public defender. You should speak with your lawyer before paying bail to make sure there is no immigration detainer and to confirm whether paying bail would result in you being turned over to ICE.

The first time that you meet with your defense attorney, it is important to tell them that you are not a U.S. citizen. Even if your defense attorney does not ask you where you were born or about immigration, you should tell them that you are a non-citizen so they will be able to advise you on any immigration consequences that could arise from the open criminal charges or outcome of the criminal case.

As a non-citizen, what should I do before attending a protest?

If you have questions about how attending a protest or being arrested could impact your immigration status or put you at risk of ICE arrest, speak to an immigration attorney. Some organizations are listed on the other side of this flyer.

If you have an ID that does not list your place of birth, like an IDNYC or a New York State ID, this may be better to carry.

For more recommendations for safe protesting as a non-citizen, visit the New York State Youth Leadership Council on Instagram @nysylc

I’ve heard ICE officers are at the protests. What does this mean?

As of June 2020, ICE officers have been spotted around protests and local jails. It is likely that even if they do not conduct arrests, officers will be conducting surveillance to gather information about individuals at the protests.

What are my rights if an ICE officer approaches me at a protest or on the street?

Your rights if you are approached by an ICE officer are the same as if you are approached by any other type of law enforcement officer:

Before you say your name or anything else, ask, “AM I FREE TO GO?” If the officer says YES: Say, “I don’t want to answer your questions” or “I’d rather not speak with you right now.” Walk away.
If the officer says NO: Use your right to remain silent! Say, “I want to use my right not to answer questions” and then “I want to speak to a lawyer.”
If ICE starts to search inside your pockets or belongings, say, “I do not consent to a search.”
DON’T LIE or show false documents. Don’t flee or resist arrest. Don’t answer questions about your immigration status or where you were born to either ICE or local police. ICE will use any information you provide against you. Do not give ICE any foreign documents such as a passport, consular IDs, or expired visas

More on ICE encounters in public: https://www.immigrantdefenseproject.org/infographics/

Digital Security Concerns for Non-Citizens

Before going to a protest, protect your digital security:

Leave your electronic devices at home, if you can, or limit the number of devices you take.
Disable face/fingerprint unlock on your phone. Use 6+ digit passcodes
If you are arrested, don’t consent to a search of your device and do not unlock your device for the police.
Turn off GPS, NFC, Bluetooth, WiFI, and all location services, including Google location services.
Use end-to-end encrypted messaging apps, such as Signal.
If you’re taking public transportation, if possible, use cash at the kiosk to buy your Metrocard, instead of using a credit card, pre-filled/unlimited transit card or OMNY, to head to and from protests.
Be aware that law enforcement, including ICE, have access to Automated License Plate Reader Systems and could track license plates of people attending protests.
Make your social media accounts private.

How can I protect myself when posting my opinions and protest participation on social media?

Immigration officers have been known to surveil social media accounts to locate a person or to use information posted against non-citizens. They also have tools to request account data from Facebook, Twitter, Instagram, even if your account is private. Consider the following when posting to social media during or after a protest:

Do not post anything that could incriminate you or someone else. Immigration officers have been known to question individuals about content on their public social media accounts during interviews for immigration benefits.
Avoid tagging or posting identifiable images of people without their permission. This includes not only faces but other identifiable features such as tattoos or unique clothing. Remember, law enforcement uses facial recognition and other surveillance tactics for crowds. Consider the safety of yourself as well as others.
Whether or not you agree with the curfew, violating it is a crime so take that into consideration before posting anything showing yourself or others outside after curfew.
Avoid geo-tagging when posting photos and videos of the protest.
Strip protest photos and videos of all metadata. If you are not sure how to do this, take a screenshot of the original photo and post the screenshot instead.
If the police retain your phone, do not remotely wipe content from your phone as it may lead to further charges.

Can I film NYPD or ICE officers at protests?

Yes, as long as you are not doing it secretly and are not interfering with law enforcement operations, you have a right to film NYPD or ICE. For more information, visit: https://twitter.com/PaliMakam/status/1268280861616726017