Tag Archives: ACLU

SYNDICATED COLUMN: Immigration Ethics 101: How to Resist Trump’s ICE Deportation Goons

Related image            The Clash sang-advised: “know your rights.” But few people do.

President Donald Trump is hell-bent on deporting millions of people, including kids who came to the U.S. so young that they’re Americans in every way but their immigration status. He even signed an executive order that would allow the arrest and deportation of fully-vetted green card holders the authorities say are suspected of any offense — including a traffic ticket.

I don’t believe in open borders. A country that doesn’t control who enters its territory hardly qualifies as a nation-state. But let’s get real about the estimated 11 million illegal immigrants in the U.S. They’re not criminals. They’re victims.

Corporations strive to keep the wages and negotiating leverage of American workers low. They’ve pressured their pet politicians — both Democrats and Republicans — to increase the labor supply with immigrants both legal (e.g. the much-abused H1B visa program) and undocumented. Illegals are powerless and scared. Business can’t get enough of them.

If you’re un- or underemployed, illegal immigrants are your comrades. Your joint struggle should be fought against your mutual enemy, the cheap and greedy employers who deploy divide-and-conquer propaganda like Trump’s.

Like the people of Nazi-occupied Europe, we will someday be judged for our actions (and inactions) in response to the Republicans’ inhumane mass deportations. But what should we do? Unlike Europeans, white Americans never developed a culture of resistance or a system of ethical standards to which decent people are expected to adhere.

First, know your rights. Even if you’re here illegally, you have rights under the Constitution. However, the police and their colleagues in Immigration and Customs Enforcement don’t want you to know that — and they’ll lie straight to your face. So get educated about the basics.

If an ICE agent comes to your door, don’t answer. They can’t come in without an arrest warrant signed by a judge. If you talk to them, the ACLU advises, don’t open the door. If you do open the door, they may ask if they can come in. Say no. If they present a warrant for your arrest, don’t physically resist. Go with them. Simply demand to speak with an attorney and declare that you will remain silent. Then shut up. Always carry contact information for an attorney with you, and memorize his or her name and phone number since a card or phone will be taken away from you in jail.

If you are here legally, spread this information to people you know who are not.

Second, don’t snitch. If you know or suspect that someone is here illegally, do not tell the authorities or anyone in contact with them. At the bare minimum, discretion requires limiting your contact with members of law enforcement and, of course, ICE agents. Talking to cops or ICE agents is always fraught but never more so than now — so ethics-minded American citizens should break off contact with anyone they suspect of working for the deportation squads.

Morality dictates that you lie to police or ICE agents if they ask you for information about an undocumented neighbor. But be aware of the risks: Trump’s mass deportation order provides for criminal penalties for Good Samaritans “who facilitate [illegals’] presence in the United States.”

Finally, if you’re a deportation thug you must quit your job. Needing to earn a living does not absolve you from accountability for wrongdoing. Death camp guards and slave catchers had bills to pay too. They could tell themselves that what they were doing to get by was lawful. But it wasn’t right — and a lot of people knew that at the time.

Consider, for example, the case of Guadalupe García de Rayos. After 22 years in the U.S. — her parents brought her to the U.S. from Mexico when she was 14 — she was arrested by ICE agents in Phoenix, who deported her in 24 hours. She left behind two U.S.-born children, both citizens. How can those ICE idiots live with themselves?

It is better to sleep under a bridge and starve to death than to participate in a mass-scale deportation program targeted at the most vulnerable members of society — and the most law-abiding (except for their presence in the U.S.). On the other hand, there is incredible power in refusing to obey an immoral order. How long would Trump’s mass deportations — or his presidency — last if thousands of police officers and ICE agents were to call press conferences and resign rather than deport an innocent family?

(Ted Rall is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: Still Trust Them? Now the Government Is Tracking You So It Can Steal Your Car

According to federal government documents released under the Freedom of Information Act, federal and local law enforcement agencies are using incredibly sneaky technology to track you as you drive the nation’s streets and highways. Their goal? Stealing your car.

This latest scandal — a mash-up of privacy violations on a wide NSA-like scale, corrupt asset forfeiture programs that make a mockery of the U.S. as a nation that respects private property rights, and brazen targeting of lawful gun owners — is a perfect political storm, an outrage that ought to bring liberals, libertarians and conservatives together in an alliance of freedom-loving people against an out-of-control government.

Given the collective shrug elicited by the Edward Snowden revelations, however, expecting a big reaction may be unrealistic.

In the shell of a nut: the ACLU has learned that the DEA and local police departments are scanning every motorist’s license plate as they drive down American streets. The NYPD and LAPD have each already collected hundreds of millions of time- and place-tagged license plate scans. One private security corporation sells its composite list of 2 billion scans to any police department or government agency that wants it. The Department of Homeland Security is teaming up with Immigration and Customs Enforcement to build and maintain a national database of license plate data to be shared with other parts of the U.S. security state apparatus.

Aggregated and analyzed, license plate tracking data forms a sophisticated model of your, and my, and everyone else’s habits, associations, shopping habits, friendships, and other activities. If you visit a porn store, they know — and their algorithms can predict when you’ll go again. But blackmail is not what’s on the cops’ minds…not for now, anyway.

They want your cash.

“Asset forfeiture” programs have become big business for law enforcement. Relying on dubious interpretations of the Constitution’s prohibition against unreasonable search and seizure, American police agencies are taking in billions of dollars a year from people they arrest. “Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing,” according to The Washington Post.

Total take: $5.3 billion.

If you think they’re confiscating the mounds of coke and machine guns they find in a drug kingpin’s trunk, think again. Pulled over for DUI? They take your car, sell it at auction and pocket the proceeds, or keep it for the cops’ own use. That’s on top of whatever jail time and fine the judge hands you if you get convicted.

Even if you’re found not guilty, they keep your car. And/or your cash. And/or jewelry. Anything valuable. Anything they want.

“No criminal charges are necessary for such seizures, and under federal and state laws, authorities may keep most or all seized assets even in the absence of formal charges. Countless innocent Americans have been victimized by what critics call legalized government theft,” according to The Wall Street Journal. “Police have made cash seizures worth almost $2.5 billion from motorists and others without search warrants or indictments since the terrorist attacks of Sept. 11, 2001,” says the Post. “Police spent the seizure proceeds with little oversight, in some cases buying luxury cars, high-powered weapons and military-grade gear such as armored cars.”

            Talk about un-American: these renegade robber-cops are traitors.

Police have been so pleased with the money and other goodies they nab through asset forfeiture programs that they send officers to seminars that teach them how to maximize their take. Some victims have complained, and successfully proven in court, that they were targeted and entrapped by police whose motivation to detain and arrest them was solely to steal their possessions — but it’s expensive and time-consuming.

Among the money-making schemes cooked up by greedy cops was a 2009 plan by the DEA to “work closely” with officials of the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) “in attacking the guns going to [redacted by government censors] and the gun shows, to include programs/operation with LPRs [license plate readers] at the gun shows.”

But the DEA and ATF didn’t care about gun violence. “One internal email acknowledged that the tracking program’s primary purpose is civil asset forfeiture,” the Journal reports. They planned to set-up checkpoints around gun shows, search attendees’ cars using the pretext of a traffic stop, and arrest drivers on whatever charge they can come up with — some legit, others ginned up, in some cases no indictment at all — as an excuse to take their money and their cars. Which, even if they beat the rap, the cops get to keep.

Note to self: carry $5 in cash, use a debit card.

The UK Guardian reports: “According to DEA documents, the primary goal of the program was to seize cars, cash and other assets belonging to criminals. However, the [license plate reader] database’s expansion ‘throughout the United States,’ as one email put it, also widened law enforcers’ capacity for asset forfeiture.”

“It’s deeply concerning and creepy,” lawyer Clark Neily of the libertarian Institute for Justice told the newspaper. “We’re Americans. We drive a lot.”

It is also disgusting, cause for the immediate firing of every “law enforcement” official who has overseen an asset forfeiture program, and a perfect illustration of why only an idiot would trust the government.

(Ted Rall, syndicated writer and cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

 

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SYNDICATED COLUMN: You’ll Get Arrested Someday. Will You Survive?

Are you male? The odds say you’ll be arrested by the police at least once.

What happens to Americans after the cops slap on the cuffs, therefore, is not an intellectual exercise, or a matter of liberal guilt. It doesn’t just happen to other people.

You. It could happen to you.

It’s happened to me twice in the United States, and more times than I can count in foreign dictatorships. (In Third World countries, it’s usually corrupt cops shaking you down for a bribe.) On each occasion, I was thunderstruck by an overwhelming sense of helplessness.

No one knew where I was.

I was trapped.  Think this is a democracy? Think again. Whether you’re in Turkmenistan or the United States, victims of arrest are every bit as “disappeared” as if they were living under Orwell’s dystopian Big Brother.

Your family doesn’t know where you are.

You don’t show up to work — so you might lose your job.

If you need medication to live, you may die because the cops won’t give it to you.

When I was arrested, the policemen could have done anything they wanted to me — beat me up, rape me, even murder me — and get away with it. They didn’t. But they could.

That’s not a good feeling.

It’s certainly not a feeling you should have to experience for trivial offenses. (My case #1: arrested for possession of marijuana. Not mine. My friend’s. Because he was in the same car as me when I got pulled over for forgetting to turn on my headlights at night. My case #2: pulled over for speeding. Arrested for a suspended license. Which had been suspended in error.)

This kind of thing should not be a death sentence. A Justice Department study found that more than 2,000 criminal suspects died in police custody over a three-year period. Fifty-five percent were ruled as homicides by police officers.

Christopher J. Mumola, who authored the study, notes that most people make it out physically unharmed. “Keep in mind we have 2,000 deaths out of almost 40 million arrests over three years, so that tells you by their nature they are very unusual cases,” said Mumola.

But that’s still too many. And jail is still a gratuitously terrible experience. Guaranteed constitutional rights — to legal representation, a speedy trial and to communicate with the outside world –are routinely denied. Detectives bully and harangue suspects past the limit of human endurance, frequently extracting false confessions from innocent men and women. Basic needs, including access to medication, are often ignored.

Some conservatives will counter that the police shouldn’t coddle suspects. That if you do the crime, be prepared to do the time. But that’s precisely the point: under U.S. law, suspects haven’t done any crime. Until a judge or jury delivers a guilty verdict, arrestees are innocent under the law.

The Miranda decision — the last major reform that improved life for those who get arrested — is a half-century old. It’s time to update the rules to bring the experience of getting arrested in line with the high-flying rhetoric of human rights enshrined under U.S. law and with common decency.

You have the right to communicate.

     Or you should. In New York City, for example, suspects being processed through Central Booking are supposed to be allowed to place three local phone calls for free. In New York and most other municipalities, this right is routinely delayed.

“Disappearing” people is unworthy of a modern nation-state. It’s also dangerous. What happens to children waiting for their parents to pick them up after school when they don’t show up?

“Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer,” advises the ACLU. But in the age of the cellphone, many people don’t know important phone numbers by heart.

Suspects should be permitted to keep their cellphones, and use them as much as they want, while waiting to be indicted or released.

     You have the right to your meds.

Cops are extraordinarily cavalier about the health of the people they arrest. Members of Occupy Wall Street arrested in 2011 reported that jail guards in Manhattan routinely jeopardized their health. “At one point,” wrote Dave Korn, “the cops wheeled out a stretcher holding one of our girls; she was lying motionless, oxygen tubes connected to her face.  She had been denied her medication and was now unconscious.  The stretcher was left in the hallways, and cops were either walking past or photographing her.” A 22-year-old Washington state man was arrested for misdemeanor marijuana possession and sent to jail. He told the authorities that he had an extreme food allergy. Cops fed him oatmeal anyway, and told him it was safe. “Over the next half hour, the video shows other inmates looking in Saffioti’s cell as he jumped up and down. The legal claim says he pressed his call button and was ignored,” reported local TV. He died.

Congress should pass a federal law guaranteeing Americans’ right to keep their medications with them if they’re arrested, as well as access to food conforming to their medical, dietary and religious needs.

You have the right to be speedily processed.

Anyone arrested in the U.S. is entitled to respect. Which includes the right to be charged or released quickly. In many jurisdictions, the 24-hour rule before seeing a judge is ignored — especially if you’re nabbed on a Friday night. Then it goes to 72 hours. Which is stupid. Jails don’t suspend business over weekends. Neither should the courts.

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COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

 

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ANewDomain.net Cartoon: Strange Bedfellows

Check out my new cartoon about how the NSA is bringing gun nuts together with civil libertarians at ANewDomain. Bear in mind, they pay real rates for original cartoons, so if you want to support cartooning and my work, please click over there, and if you like it, send other people there too. Thanks!

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AL JAZEERA COLUMN: Censorship of Civilian Casualties in the US

US mainstream media and the public’s willful ignorance is to blame for lack of knowledge about true cost of wars.

Why is it so easy for American political leaders to convince ordinary citizens to support war? How is that, after that initial enthusiasm has given away to fatigue and disgust, the reaction is mere disinterest rather than righteous rage? Even when the reasons given for taking the U.S. to war prove to have been not only wrong, but brazenly fraudulent—as in Iraq, which hadn’t possessed chemical weapons since 1991—no one is called to account.

The United States claims to be a shining beacon of democracy to the world. And many of the citizens of the world believes it. But democracy is about responsiveness and accountability—the responsiveness of political leaders to an engaged and informed electorate, which holds that leadership class accountable for its mistakes and misdeeds. How to explain Americans’ acquiescence in the face of political leaders who repeatedly lead it into illegal, geopolitically disastrous and economically devastating wars of choice?

The dynamics of U.S. public opinion have changed dramatically since the 1960s, when popular opposition to the Vietnam War coalesced into an antiestablishmentarian political and culture movement that nearly toppled the government and led to a series of sweeping social reforms whose contemporary ripples include the recent move to legalize marriage between members of the same sex.

Why the difference?

Numerous explanations have been offered for the vanishing of protesters from the streets of American cities. First and foremost, fewer people know someone who has gotten killed. The death rate for U.S. troops has fallen dramatically, from 58,000 in Vietnam to a total of 6,000 for Iraq and Afghanistan. Many point to the replacement of conscripts by volunteer soldiers, many of whom originate from the working class, which is by definition less influential. Congressman Charles Rangel, who represents the predominantly African-American neighborhood of Harlem in New York, is the chief political proponent of this theory. He has proposed legislation to restore the military draft, which ended in the 1970s, four times since 9/11. “The test for Congress, particularly for those members who support the war, is to require all who enjoy the benefits of our democracy to contribute to the defense of the country. All of America’s children should share the risk of being placed in harm’s way. The reason is that so few families have a stake in the war which is being fought by other people’s children,” Rangel said in March 2011.

War is extraordinarily costly in cash as well as in lives. By 2009 the cost of invading and occupying Iraq had exceeded $1 trillion. During the 1960s and early 1970s conservatives unmoved by the human toll in Vietnam were appalled by the cost to taxpayers. “The myth that capitalism thrives on war has never been more fallacious,” argued Time magazine on July 13, 1970. Bear in mind, Time leaned to the far right editorially. “While the Nixon Administration battles war-induced inflation, corporate profits are tumbling and unemployment runs high. Urgent civilian needs are being shunted aside to satisfy the demands of military budgets. Businessmen are virtually unanimous in their conviction that peace would be bullish, and they were generally cheered by last week’s withdrawal from Cambodia.”

Read the full article at Al Jazeera English.

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