How You Can Fight for Immigrants' Rights
You don't have to be a lawyer or speak Spanish
Immigrants’ rights matter for immigrants, but they matter for all of us. If immigrants’ constitutional rights can be easily discarded when it’s politically expedient, what will stop all of our constitutional rights from suffering the same fate?
If you’re not an attorney but want to do something that can really help protect immigrants’ rights, here are some things that anyone can do that would make a real difference. In the WVU Immigration Law Clinic, we need help with all of these things frequently, and now more than ever.
(1) Give noncitizens rides to court hearings or biometrics appointments. For West Virginians, going to court or even to get fingerprinted often requires a multi-hour car trip, often to Virginia or Pennsylvania or Maryland. Many people have trouble affording the gas or just don’t have access to a reliable vehicle. Volunteer with a local nonprofit to provide rides. Pay for the gas, if you can. As long as you are helping an individual comply with, not avoid, their obligations in immigration proceedings, there should be no argument that such a volunteer is “facilitating continued unlawful presence,” which the Trump executive order on immigration threatens to treat as a crime (not clear how, because there’s no law that says that).
(2) Organize childcare. Sometimes children have to appear at hearings or appointments with their parents; other times it’s better if they don’t. People in immigration proceedings sometimes have trouble finding childcare when they need to leave their kids at home and travel (often overnight) to a hearing. If you’re part of a community, like a university club or a faith-based group, that can organize reliable and trustworthy childcare options for community members, step up and help to make that happen.
(3) Organize your faith group. Some faith groups, such as Jews and Catholics, have taken a firm position that their faith requires them to help migrants and refugees. If you belong to a faith group that has such a policy, organize or join a care group in your faith community. These groups are deciding how they can provide support to immigrants in their community. For maximum protection against adverse action by the federal government, the safest ways to help are to make sure immigrants know about and can access services that are open to the whole community, such as soup kitchens or emergency funds, or assist individuals in complying with immigration obligations like going to court hearings. Some faith groups take the position that their faith requires them to assist migrants regardless of threats of loss of funding or prosecution. May God bless them.
(4) Create a participatory defense group. When people are detained, many have a right to be released on bond while they wait for their immigration court proceedings (although the administration is taking aggressive and as-yet unclear positions about who is eligible for bond). In bond cases, it’s critical to demonstrate to the judge that the individual has strong community ties and therefore is not a “flight risk,” meaning they’ll show up for their court hearings. Having family and community members tell the person’s story may be critical to convincing the judge to set a reasonable bond. In the criminal defense context, some groups have used what they call “participatory defense” to make sure family and community members are deeply involved in telling these stories. If you’re part of a community with immigrants who are under threat of detention and removal, organize a participatory defense committee now so that you’re ready to go if something happens.
(5) Call your U.S. Senator or Congressman. Members of Congress and the administration really do listen to what their constituents want, if enough people speak up. If you object to a particular policy or set of policies, call your elected representative in Washington and tell them so. When the government recently issued a stop work order that cut off funding for our fellow who represents unaccompanied minors, the flood of 15,000 letters to Congress in a couple of days led to a rescission of that order the same week. If you see an organization that urges you to sign on and send an email to your representatives, do that. Former Hill staffers have told me that phone calls are even more important because they’re tougher to put in a bin and ignore, so if you can call, do that. Do it even if (or especially if) your elected representative is not usually supportive on immigration; a particular outcry from constituents may get their attention.
(6) Make a recording. If you see any law enforcement officer taking what appears to be an immigration enforcement action in a public place or a private place where you are authorized to be, take video. Try to capture what agency they work for, since federal and state agents besides ICE have been authorized to enforce immigration laws now too. If you can get the officers’ names or badge numbers, do so. As long as you are not interfering with the enforcement operation or entering a place you’re not allowed to be, there should be no argument that you’re not entitled to record what happens. You can then share the recording with the individual, their family, or their counsel, who may be able to use it to suppress evidence unlawfully obtained or to secure the person’s release if the arrest was unlawful.
(7) Support your local nonprofit legal services organization. Immigrants have a right to be represented by counsel in proceedings, but at their own expense. Nonprofit immigration legal services providers like the WVU Immigration Law Clinic are strapped to the hilt and working rapidly to expand our capacity. If you want to help us ensure people have counsel, you can make a contribution at this link. In the comments section at the bottom of the link, be sure to direct your contribution to the Immigration Law Clinic. You can also call your local immigration law nonprofit and offer to donate — I’m sure they’ll be delighted by your support.
These are just a few ideas of things that anyone can do to help protect immigrants’ rights. I’ll write again soon with ways that people with special skills or memberships may be able to contribute.