Latest news with #NationalLawyersGuild
CBS News
18 hours ago
- Politics
- CBS News
San Francisco protesters block entrance to unmarked building amid fears of ICE trap
Protesters in San Francisco spent the day blocking the entrance to an unmarked building in the South of Market area. Immigrants had been told to report there in what some believed was a trap by U.S. Immigration and Customs Enforcement to capture people for deportation. Over the weekend, a number of undocumented immigrants were sent a mysterious text message telling them to report to an unmarked building on Tehama Street on Saturday or Sunday. It warned that not showing up would be considered an "infraction." "And we don't know why," said attorney Nancy Hormachea with the National Lawyers Guild. "Some of them have been reporting regularly before, but there was some concern that people might be detained under some of the new administration's policies." A group of protesters blocked the entrances to the street and marched in front of the door, and lawyers were present to warn immigrants about what could be waiting for them. "We can't say for sure, but people here thought that they were being trapped because some of them have pending court cases," Hormachea said. "They have shown up for all of their hearings. Many have filed for political asylum and they showed up here with their children, as well, yesterday." "In other cities, we've heard information about potential detainments or activity around ICE in these offices. So, we just shut down the office entirely from 7 a.m. yesterday until 4 p.m. when they close. And the same thing today," said protest organizer Luna Osleger Montañez. The building at 478 Tehama St. houses a private subcontractor for the Intensive Supervision Appearance Program, or ISAP, which keeps tabs on people who have been previously detained and released by ICE. The protesters thought the purpose of the weekend order, if not to arrest people, was to scare them into not appearing for future court hearings. "Including new tactics like this, which really are unprecedented," said Osleger Montañez, "where on a weekend, community members are asked to go to an office that's not an ICE office for a check-in that they don't have a lot of information about, with fear of detainment if they don't go. That's really the reason we chose to shut it down all weekend from the beginning." A man named Brian S. lives in the South of Market area and said he had no idea that the building was involved with immigration enforcement. "You know, the cruelty is part of the purpose of what they're trying to do," he said. "So, it's terrifying, to be honest with you. It's terrifying." Brian thought the administration may be intentionally targeting San Francisco as a way of picking a fight. He said the city supports its immigrant community and knows how to mobilize quickly in support of them. "The response needs to be immediate," he said. "If this would have worked, they would have done more of it." The organizers said ICE is frequently shifting its tactics and that the rapid response group has responded to six emergency actions in just the past week and a half. There was no indication that people were being called to the location after the weekend, but the activists promise that if they are, they'll be back. CBS News Bay Area reached out to ICE for a comment on the text message and protest, and did not hear back before publication.
Yahoo
2 days ago
- Politics
- Yahoo
Protesting in Michigan this weekend? These are your rights
With a Washington military parade, President Donald Trump's birthday and growing opposition to immigration raids in Los Angeles, organizers have planned protests around the country for this weekend. Protests have been a part of the United States since the founding of the country. The U.S. Constitution guarantees rights, but that doesn't always mean the police will respect them or that a court will uphold them if they're violated, according to the National Lawyers Guild's "Know Your Rights — a guide for protesters." "When you are protesting or having any interaction with law enforcement, asserting your rights does not usually mean that the police will respect your rights or change how they are treating you. However, by using your rights ... you can make it harder for police to use your own statements or anything found on you during a search as evidence against you during a trial." Public property. No permit is necessary to march on public sidewalks, as long as car and pedestrian traffic is not obstructed, according to the ACLU of Michigan. Police may ask demonstrators without a permit to move to the side of a sidewalk to let people pass or for other safety reasons. According to the ACLU, the rights of protesters and organizers are strongest in "traditional public forums," such as streets, sidewalks and parks. People have the right to speak out in front of government buildings as long as they are not blocking access or interfering with operations. The rules for speech on private property are determined by the property owner. Counter-protesters also have the right to be present and voice displeasure within the vicinity of a different group, although they do not have a right to physically disrupt an event or drown out the speakers they are protesting, according to the ACLU. Some Michigan cities, including Detroit, Ann Arbor and Grand Rapids, ask large gatherings that have the potential to obstruct traffic obtain a permit with up to 70 days' notice. The National Lawyers Guild recommends trying to end law enforcement interaction as quickly as possible, as well as stating your rights out loud when asked questions. 'If a cop is speaking to you on the street, ask: 'Am I free to go?' If they say yes, you should leave, if you can do that safely. "If the cop says anything other than yes, follow up with: 'Am I being detained?' If they say anything other than yes, then say that you do not want to talk further and leave immediately,' according to NLG's Know Your Rights guide. If a police officer asks a question, a protester does not have to answer and can let the officer know they will remain silent and want to speak to a lawyer. Statements you make to people who are not police can be held against you, according to the NLG. In Michigan, police cannot ask you to provide your name or other identity information unless you have been detained on reasonable suspicion that you have committed a crime. This right is not the same in every state. Police are allowed to pat down the outside of your clothing without consent, but they need your permission or a warrant to search beyond that, according to NLG's guide. To decline a search, the guide recommends using the standard legal phrasing, 'I do not consent.' Michigan's ACLU recommends asking for a lawyer immediately, remaining silent and not signing or agreeing to anything without a lawyer. If a defendant hasn't hired a lawyer, they can ask for a court-appointed public defender if they can't afford it, according to Michigan Legal Help from the Michigan Supreme Court and Michigan State Bar Association. If you are arrested, you will be searched as part of the arrest process, according to NLG. Police officers may lie to you about having evidence, deals to drop charges, overstating penalties for crimes, the timeline of your detention, and whether they are recording, according to the guide. Lying to a government agent is sometimes a criminal offence, while remaining silent until speaking to a lawyer is not, according to the NLG. When in a public space, people have the right to photograph anything in plain view, including federal buildings and police, according to Michigan's ACLU. On private property, property owners may set their own rules. Police may not confiscate or demand to view photos or videos without a warrant. They may not delete data under any circumstances, according to the ACLU. Police may order citizens to stop recording if they are "truly interfering with legitimate law enforcement operations, but video recording from a safe distance is not interfering," according to the ACLU. [ Help us make the Free Press better for you. ] According to Michigan's ACLU, police may not disperse a protest unless there is "clear danger of a riot, disorder, interference with traffic, or other immediate threat to public safety." "Protesters must receive a clear and detailed notice of a dispersal order, including how much time they have to disperse, consequences for failing to disperse, and what exit route they can follow before they may be arrested or charged with any crime," according to the ACLU. Officers must give "reasonable opportunity to comply, including sufficient time and a clear exit path," according to the ACLU. The ACLU of Michigan recommends getting contact information of witnesses, taking photos of injuries, and writing down everything you can remember, including officers' names, badge and patrol car numbers. With this information, you can file a written complaint to a civilian complaint board, police department or agency, according to the ACLU. This article originally appeared on Detroit Free Press: Protest rights in Michigan: What to know ahead of No Kings events
Yahoo
3 days ago
- Politics
- Yahoo
Protesting in Michigan this weekend? These are your rights
With a Washington military parade, President Donald Trump's birthday and growing opposition to immigration raids in Los Angeles, organizers have planned protests around the country for this weekend. Protests have been a part of the United States since the founding of the country. The U.S. Constitution guarantees rights, but that doesn't always mean the police will respect them or that a court will uphold them if they're violated, according to the National Lawyers Guild's "Know Your Rights — a guide for protesters." "When you are protesting or having any interaction with law enforcement, asserting your rights does not usually mean that the police will respect your rights or change how they are treating you. However, by using your rights ... you can make it harder for police to use your own statements or anything found on you during a search as evidence against you during a trial." Public property. No permit is necessary to march on public sidewalks, as long as car and pedestrian traffic is not obstructed, according to the ACLU of Michigan. Police may ask demonstrators without a permit to move to the side of a sidewalk to let people pass or for other safety reasons. According to the ACLU, the rights of protesters and organizers are strongest in "traditional public forums," such as streets, sidewalks and parks. People have the right to speak out in front of government buildings as long as they are not blocking access or interfering with operations. The rules for speech on private property are determined by the property owner. Counter-protesters also have the right to be present and voice displeasure within the vicinity of a different group, although they do not have a right to physically disrupt an event or drown out the speakers they are protesting, according to the ACLU. Some Michigan cities, including Detroit, Ann Arbor and Grand Rapids, ask large gatherings that have the potential to obstruct traffic obtain a permit with up to 70 days' notice. The National Lawyers Guild recommends trying to end law enforcement interaction as quickly as possible, as well as stating your rights out loud when asked questions. 'If a cop is speaking to you on the street, ask: 'Am I free to go?' If they say yes, you should leave, if you can do that safely. "If the cop says anything other than yes, follow up with: 'Am I being detained?' If they say anything other than yes, then say that you do not want to talk further and leave immediately,' according to NLG's Know Your Rights guide. If a police officer asks a question, a protester does not have to answer and can let the officer know they will remain silent and want to speak to a lawyer. Statements you make to people who are not police can be held against you, according to the NLG. In Michigan, police cannot ask you to provide your name or other identity information unless you have been detained on reasonable suspicion that you have committed a crime. This right is not the same in every state. Police are allowed to pat down the outside of your clothing without consent, but they need your permission or a warrant to search beyond that, according to NLG's guide. To decline a search, the guide recommends using the standard legal phrasing, 'I do not consent.' Michigan's ACLU recommends asking for a lawyer immediately, remaining silent and not signing or agreeing to anything without a lawyer. If a defendant hasn't hired a lawyer, they can ask for a court-appointed public defender if they can't afford it, according to Michigan Legal Help from the Michigan Supreme Court and Michigan State Bar Association. If you are arrested, you will be searched as part of the arrest process, according to NLG. Police officers may lie to you about having evidence, deals to drop charges, overstating penalties for crimes, the timeline of your detention, and whether they are recording, according to the guide. Lying to a government agent is sometimes a criminal offence, while remaining silent until speaking to a lawyer is not, according to the NLG. When in a public space, people have the right to photograph anything in plain view, including federal buildings and police, according to Michigan's ACLU. On private property, property owners may set their own rules. Police may not confiscate or demand to view photos or videos without a warrant. They may not delete data under any circumstances, according to the ACLU. Police may order citizens to stop recording if they are "truly interfering with legitimate law enforcement operations, but video recording from a safe distance is not interfering," according to the ACLU. [ Help us make the Free Press better for you. ] According to Michigan's ACLU, police may not disperse a protest unless there is "clear danger of a riot, disorder, interference with traffic, or other immediate threat to public safety." "Protesters must receive a clear and detailed notice of a dispersal order, including how much time they have to disperse, consequences for failing to disperse, and what exit route they can follow before they may be arrested or charged with any crime," according to the ACLU. Officers must give "reasonable opportunity to comply, including sufficient time and a clear exit path," according to the ACLU. The ACLU of Michigan recommends getting contact information of witnesses, taking photos of injuries, and writing down everything you can remember, including officers' names, badge and patrol car numbers. With this information, you can file a written complaint to a civilian complaint board, police department or agency, according to the ACLU. This article originally appeared on Detroit Free Press: Protest rights in Michigan: What to know ahead of No Kings events
Yahoo
30-04-2025
- Health
- Yahoo
Lawyers Say Trump's Admin Is Endangering Moms of Deported American Kids
The news that three U.S. citizen children were illegally removed from Louisiana and flown to Honduras last Friday has swept the nation. President Donald Trump's administration continues to double down, insisting that the two mothers wanted to take their children with them, despite the deported families' legal counsel vehemently denying this claim. As the Trump administration works to contain the backlash associated with deporting American children, one of whom has metastatic cancer, the Department of Homeland Security issued a supposed 'Fact Check' document identifying the mothers who were deported. Trump officials have also claimed the mothers presented their children's passports in order to voluntarily remove them from the country. However, attorneys for the families say that's not what happened; their clients were told to bring their kids' passports in to photocopy them from their files. The attorneys say the administration's actions are putting the families' lives at risk. 'By naming these families publicly, DHS isn't just trying to deflect rightful blame – it's exposing these families to real danger,' Mich Gonzalez, one of the family's attorneys, tells Rolling Stone. In a press release issued Wednesday morning, the National Immigration Project of National Lawyers Guild stated, 'This is not just a violation of trust; it is a reckless act that puts real lives at risk and underlines the lack of concern for the safety and welfare of these children and their families…. The mothers were forcibly deported, and their U.S. citizen children were taken with them under duress. No safe or practical alternative was provided to allow the children to remain in their country of birth.' Gonzalez, who co-founded Sanctuary of the South, says the families are 'still navigating how to seek medical care to address the impacts to their physical and mental health following this ordeal.' In addition to one of the mother's seeking perinatal care and one of the children's treatment for cancer, Gonzalez says the impact of the event itself and the ensuing aftermath has the families fearing for their safety. 'Now the government has put their lives at even greater risk by releasing their full name and information yesterday,' Gonzalez says. Attorney Gracie Willis from the National Immigration Project of National Lawyers Guild represents the two-year-old U.S. citizen child of the pregnant mother who was deported, who is known in court papers as VML. Willis adds that Immigration and Customs Enforcement (ICE), which is part of DHS, 'is hiding behind policies that it's clear they didn't follow here, and trying to villainize these mothers doesn't change that.' On Sunday, Secretary of State Marco Rubio and Trump's border czar Tom Homan went on talk shows to claim accounts of the American kids' deportation are misleading. Yesterday, the DHS weighed in. 'ICE did NOT deport U.S. citizen children,' DHS posted on X. 'The mother made the determination to take her children with her back to Honduras. We take our responsibility to protect children seriously and will continue to work with federal law enforcement to ensure that children are safe and protected.' The attorneys for the two families dispute the government's claims. One of the American children, a 4-year-old, who was removed from the country was undergoing active treatment for metastatic cancer, which attorneys say ICE officials knew about ahead of time. (This is at least the second U.S. citizen child with cancer whom Trump has deported.) New Orleans attorney Erin Hebert, from Ware Immigration Law, said the child's mother was told to bring him and his seven-year-old sister to a check-in in order to copy their passports. The children were dressed in their school uniforms and expected to return to class after what they thought would be a routine appointment. Instead, ICE officials refused to let Hebert come in with the family. 'They refused to allow me to go back into the appointment,' Hebert tells Rolling Stone. 'I want to be clear — they sequestered her from me.' Hebert said she sat in the waiting room until somebody came out and told her all three of them had been detained. 'When I demanded information about where they'd been taken, where they were going, they refused to tell me,' she says. Hebert sprung into action to try and file court motions to delay the deportation but by the next morning, the family was already in Honduras. The children left in their school uniforms, without any of their belongings. The child with cancer did not have his medication with him. 'This is a U.S. citizen child with a serious medical condition,' says Hebert. 'I can't think of a more vulnerable position to be in than that child. I am not easily shocked by the injustices that I have seen in my career, but this shocked me.' The other mother who was deported is currently pregnant. She brought her two-year-old U.S. citizen daughter known as VML, and her older sibling, with her to what she thought was a routine check-in on April 22. Three days later, all three of them were on a plane to Honduras, landing before a judge could hear the court case attempting to delay their removal. In both situations, attorneys say they were working on alternate lawful custodians to take care of the children. Yesterday, a federal judge in Louisiana, Terry Doughty, issued an order clarifying the scope of an upcoming hearing on May 16 where he will determine whether VML's mother consented to her daughter's removal. In the order, it's revealed that the case was assigned to him at 8:14AM on April 25, and the court immediately began considering the petition. A minute later, the plane carrying VML from Alexandria, Louisiana, reached El Paso, preparing for its final leg to Honduras. 'The court sought to call VML's mother to have her attest that she consented to her child being removed with her,' wrote Doughty. 'That didn't happen. Now we are here.' Gonzalez says that, like Hebert, he and Willis have worked together on multiple horrific cases, but this one is particularly awful. 'This is one that will stay with me for the rest of my life,' says Gonzalez, who recalls watching the flight leave on a flight tracking app. 'It was really hard to see in real time that plane moving across my phone, leaving this country with those babies on it, knowing full well that their mothers were coerced into being deported with them and were not given an opportunity to speak to their legal counsel.' More from Rolling Stone Post Office Reportedly Helping Trump Find Immigrants to Deport Trump Blames Biden, Not Tariffs, as Economy Shrinks for First Time in Years Trump, Who Owes His Freedom to Due Process, Is Destroying It for Everyone Else Best of Rolling Stone The Useful Idiots New Guide to the Most Stoned Moments of the 2020 Presidential Campaign Anatomy of a Fake News Scandal The Radical Crusade of Mike Pence
The Guardian
11-02-2025
- Politics
- The Guardian
Most charges against Gaza protesters dismissed but ‘intent is to scare people'
As pro-Palestinian demonstrations broke out across the US during the first year of war in Gaza, thousands of people were arrested, charged, or cited for their involvement. Most of the cases against them did not stick, a new Guardian analysis of prosecution data in a dozen major cities finds. About 60% of alleged offenses committed by protesters did not result in prosecutions. The Guardian identified about 2,800 charges, summons and citations brought or requested against Gaza protesters. Around 1,600 were dropped, dismissed or otherwise not filed, data shows. The figures are likely an undercount – data between October 2023 and November 2024 was collected from prosecutors' offices and attorneys who represented large numbers of protesters, but may not include every case in a city. Some cases are still working through the legal system. Legal advocates argue that the high number of dismissals reflects policing tactics, such as mass arrests, that are often designed to silence protesters and chill dissent, but frequently cannot hold up in court. They say the tactics are also used as a means to make it appear as if protesters were more violent than they were, and turn public opinion against them. 'The state's intent is not really to prosecute – the intent is to scare people out of wanting to participate in protests at all,' said Ria Thompson-Washington, a board member with the National Lawyers Guild, which represented many protesters. The figures varied by city. In Los Angeles, about 88% of 476 charges, summons and citations reviewed by the Guardian were dismissed. In Chicago, about 60% of around 500 were dropped. In Portland, Oregon, however, just 10% of 52 were dismissed. Police in part use mass arrests as 'a crowd control tactic and an easy and quick solution', said Xavier de Janon, director of mass arrest for the National Lawyers Guild. The legal standard to make an arrest only requires probable cause that a crime is being committed, he added. Most of the protesters who were charged were hit with minor charges like noise or curfew violations, or trespassing, de Janon said. Cases are often dismissed because prosecutors have to prove beyond a reasonable doubt that an individual protester committed a crime, and that can be difficult to achieve when dozens or hundreds of people were swept up in a mass arrest, de Janon added. No prosecutors' offices contacted by the Guardian commented on the record. Laurae Caruth, a research fellow at the John Jay College of Criminal Justice, said she could not speculate on why mass arrests are being carried out, but said arrests have a 'deterrent effect'. 'If someone gets arrested now for being a part of a protest, maybe they'll think again about going to the next one,' Caruth added. While the majority of cases didn't result in prosecution, advocates say that some of the ones that did were motivated by pro-Israel bias. In Michigan, the Guardian revealed that attorney general Dana Nessel had personal, financial and political connections to University of Michigan regents and pro-Israel donors who wanted charges brought against largely student protesters. Nessel so far has charged 11 people who were arrested on campus in 2024. Those cases are still moving through the legal system. Nessel's charges came after local prosecutors dropped 36 out of 40 charges stemming from a late 2023 protest in a U-M campus building. Observers say that, broadly speaking, protesters for progressive causes are facing an escalating crackdown by the right and moderate Democrats. Often with political support, police and prosecutors have recently charged Gaza or police reform protesters with domestic terrorism, racketeering or ethnic intimidation for acts like kicking over an Israeli flag. 'Political prosecutions have political intentions,' de Janon said. 'As movements have grown stronger, the charges are becoming worse and worse.' Even so, those charges often do not stick. In Atlanta, for example, prosecutors in November had to drop money laundering charges against three people coordinating financial support for Stop Cop City, the movement against a controversial police training center. In San Francisco, where about 67% of 717 Gaza protest charges were dismissed, prosecutors tried charging protesters who marched on the Golden Gate Bridge with conspiracy and false imprisonment of motorists on the bridge. A judge in November tossed most of the charges against 26 protesters. 'Charging decisions are made based on the facts, evidence and the law,' district attorney Brooke Jenkins's office said in a September statement. 'We do not pursue political prosecutions under any circumstances at any time.' However, de Janon said people who are charged face a difficult process defending themselves, and 'the punishment is in the process.' Caruth said the cases couldn't be painted with a broad brush: 'Each jurisdiction's reasons for charging the way they do are different.' In Dallas, Boston and Northampton, the latter home to the University of Massachusetts, none of around 375 charges against Gaza protesters were dismissed until protesters completed a 'diversion program' that required some combination of a small amount of community service, a short probationary period or a small fine. Those involved with the cases sometimes framed diversion programs as a dismissal of charges. But legal observers say the programs still chill free speech because they punish protesters, disincentivizing them from protesting in the future. 'The state will make whatever necessary adjustments they need to so they can criminalize protesting,' Thompson-Washington said. 'Even if the charges are being dropped, or the charges are minor, like community service, the intent is still to make people afraid, and wave in front of their face what they can lose.'
