Back in March, Democratic Socialists of America Rio Grande Valley (DSA RGV), Voces Unidas, and Sunrise RGV held a training and workshop on what individuals of the community can do when it comes to witnessing an abduction by an organized group. Speakers like Suzanne El-Haj and Ruben Garza provided guidelines and knowledge on our rights as civilians, law enforcement’s legal protections, how to safely document an abduction, and how to weigh whether the risk should be yours to bear.
The Legality of It All
To begin, attendees were taught their constitutional rights and how they conflict with the power these organizations have been given. Groups that might be at the center of such an encounter, primarily ICE, were identified by deputization and legal power.
One of the most important guidelines during this section is that, regardless of who you are dealing with, YOUR constitutional rights stay the same. However, rights do vary depending on whether you are encountering this situation at home, work, while driving, or just out in the street. Below are some, but not all, of the different circumstances:
– On the street: Identification in this state is only needed if you are driving, arrested, or carrying a licensed firearm, however ICE may stop you solely on probable cause. You are not obligated to show any foreign documentation in this scenario.
– In the Home: You are not required to open your door to anything other than a warrant signed by a judge.
– As a Driver: Apart from drivers needing to show ID, both they and passengers have the right to remain silent and refuse search.
– In a Workplace: Legally, agents have free rein of any public spaces like lobbies and counter areas, but need either a judicial warrant or your employer’s consent to search more private areas like offices and kitchens.
There are online examples of the differences between administrative and judicial warrants. Even if judicial, make sure to check that the names, location, and timeframe on the warrant are correct. While knowing your rights can be beneficial, there are documented reports of ICE violating those rights. For anyone afraid of the worst, carry solid identification and have a financial plan in case of detainment.
Teachings & Practices for Recording
Above all, the first rule taught about recording such an encounter is “Safety First!” Trust your gut, but also assess the risk, and ensure that recording is the best way to help in that moment.
Don’t interfere or lie; assert your right to record, and keep contact information for legal support handy. Always record continuously, but if unable, prioritize capturing the information that illustrates exactly what is happening. This includes time, date, location, other witnesses, and cameras to help corroborate what happened in a court of law. The first three can be done by varying your camera shots or by sharing them directly with the camera before panning to the situation. Make sure to capture or describe exactly what’s happening and how it relates to your understanding, along with badge numbers and license plates, for legal corroboration. Keep the camera focused more on enforcement than publicizing any unnecessary or harmful information about the civilian.
When storing your video, always keep the original, always keep it somewhere offline, and always have an extra copy in another location. There are multiple circumstances to keep in mind before sharing the video, however, mainly intent and impact.
The workshop leaders led everyone through a scenario to practice how to react in such a situation.
Risk Assessment
The last subject on the speaking roles was identifying types of intervention. Everyone comes from different circumstances, and that comes with different consequences for how we try to help a situation. There is no hard-and-fast guide to how and when to intervene, or to its consequences. Which is why, instead, there is a formatted guideline to give people the knowledge to weigh whether those factors are too threatening for you, as an individual, to take part in.
The guide is threefold and color-coded, with green, yellow, and red signifying low-, medium-, and high-risk interventions, respectively. Green actions are those that are commonly available and legally protected, aimed at visibility and collective participation, such as protests and strikes. Yellow actions are the ones where you would likely apply what you’ve learned from this training. Closer to conflicts and sites of tension, this would include filming enforcement interactions and monitoring groups at a protest. Lastly, red actions hold high risk and therefore aren’t viable options for people under more restrictive circumstances.
Moving Forward…
When asked why they wanted to hold this workshop, one speaker commented, “We don’t have to witness without agency. We can witness with purpose.”
People can do more than keep worrying and hope it makes them curious about other ways to intervene. At the end of the day, all this knowledge is just tools that you must decide to use. If you are already curious about how you can do more, or if you want to experience this workshop for yourself, reach out to VocesUnidas, DSA, and/or SunriseRGV.
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