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Рубрики Война и мир; Версия для печати

Памятка борцов за гражданские права в Америке (англ)

распространяемая сейчас (показатель, однако).

KNOW YOUR RIGHTS! - prepared by the National Lawyers Guild

What rights do I have?

The Right to Advocate for Change.

The First Amendment to the U.S. Constitution protects the rights of
groups and individuals who advocate changes in laws, government
practices, and even the form of government.

The Right to Remain Silent.

The Fifth Amendment of the Constitution provides that every person has
the right to remain silent in the face of questions posed by any police
officer or government agent.

The Right to be Free from "Unreasonable Searches and Seizures."

The Fourth Amendment is supposed to protect your privacy. Without a
warrant, no government agent is allowed to search your home or office
and you can refuse to let them in. Know, however, that it is easy for
the government to monitor your telephone calls, conversations in your
office, home, car, or meeting place, as well as mail. E-mail is
particularly insecure. The government has already begun stepping up its
monitoring of e-mails.

CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED -- EVEN DURING A STATE OF
EMERGENCY OR WARTIME.

What should I do if agents come to question me?

1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW
ENFORCEMENT AGENT OR INVESTIGATOR. Other than providing your name and
address to a police officer who is investigating a crime, you are not
legally obligated to talk to anyone: on the street, at your home or
office, if you've been arrested, or even if you're in jail. Only a judge
has the legal authority to order you to answer questions.

2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO
YOUR HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT.
Demand to see the warrant. The warrant must specifically describe the
place to be searched and the things to be seized. If they have a
warrant, you cannot stop them from entering and searching, but you
should still tell them that you do not consent to a search. This will
limit them to the scope of the search authorized by the warrant.

3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR
SEARCH AND ACTIVITIES. You have the right to observe what they do. You
have the right to ask them for their names and titles. Take written
notes including their names, badge numbers, and what agency they are
from. Have your friends who are present act as witnesses. Give this
information to your lawyer. A warrant does not give the government the
right to question, nor does it obligate you to answer questions.

4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION YOU OR
TRIES TO ENTER YOUR HOME WITHOUT A WARRANT, JUST SAY NO! Police and
other law enforcement agents are very skilled at getting information
from people. Many people are afraid that if they refuse to cooperate, it
will appear as if they have something to hide. Don't be fooled. The
police are allowed to (and do) lie to you. Although agents may seem nice
and pretend to be on your side, they are likely to be intent on learning
about the habits, opinions, and affiliations of people not suspected of
wrongdoing, with the end goal of stopping political activity with which
the government disagrees. Trying to answer agents' questions, or trying
to "educate them" about your cause can be very dangerous. You can never
tell how a seemingly harmless bit of information that you give them
might be used and misconstrued to hurt you or someone else. And keep in
mind that lying to a federal agent is a crime.

5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO. If you
are stopped by the police, ask them why. If they do not have a good
reason for stopping you, or if you find yourself chatting for more than
about a minute, ask ""Am I under arrest, or am I free to go."" If they
do not state that you are under arrest, tell them that you do not wish
to continue speaking with them and that you are going to go about your
business. Then do so.

6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST
YOU AND OTHERS. Once you've been arrested, you cannot talk your way out
of it! Don't try to engage the cops in dialogue or respond to their
accusations.

7. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON'T TALK
TO THEM. They may give you a subpoena anyway, so anything you tell them
may permit them to ask you more detailed questions later. You may also
have legal grounds to refuse to answer questions before a grand jury. If
you are given a grand jury subpoena, you should call a lawyer
immediately (see contact information at the end). Tell your friends and
movement groups about the subpoena and discuss how to respond. Do not
try to deal with this alone.

8. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO
CONTACT YOUR LAWYER. They should stop trying to question you once you
announce your desire to consult a lawyer. You do not have to already
have one. Remember to get the name, agency, and telephone number of any
investigator who visits you, and contact the National Lawyers Guild for
help getting a lawyer.

How should I respond to threatening letters or calls?

If your home or office is broken into, or threats have been made against
you, your organization, or someone you work with, share this information
with everyone affected. Take immediate steps to increase personal and
office security. You should discuss with your organization and with a
lawyer whether and how to report such incidents to the police and the
advisability of taking other legal action. If you decide to make a
report, do not do so without a lawyer present.

What if I suspect surveillance?

Prudence is the best course, no matter who you suspect, or what the
basis of your suspicion. Do not hesitate to confront suspected agents
politely, in public, with at least one other person present, and inquire
about their business. If the suspect declines to answer, he or she at
least now knows that you are aware of the surveillance. If you suspect
government agents are monitoring you, or are harassing you, report this
to the National Lawyers Guild.

What if I am not a citizen?

1. YOU DO NOT HAVE TO REVEAL YOUR IMMIGRATION STATUS. We cannot count on
the police to honor local sanctuary ordinances, and the fact that the
INS obtained your name in violation of a sanctuary ordinance will NOT
prevent you from being deported.

2. FOREIGN NATIONALS WHO ARE ARRESTED IN THE U.S. HAVE THE RIGHT TO CALL
YOUR CONSULATE or to have the police inform your consulate of your
arrest. The police must allow your consul to visit or speak with you.
Your consul might assist you in finding a lawyer or offer other help,
such as contacting your family. You also have the right to refuse help
from your consulate.

3. DO NOT TALK TO THE INS, EVEN ON THE PHONE, before talking to an
immigration lawyer. Many INS officers view ""enforcement,"" meaning
deporting people, as their primary job. They do not believe that
explaining immigration options is part of their job, and most will
readily admit this. (Noncitizens who are victims of domestic abuse
should speak with an expert in both immigration law and domestic
violence.) A noncitizen should always speak with an immigration law
expert before speaking to the INS either in person or by telephone.

4. KNOW AND ASSERT YOUR RIGHTS! All noncitizens have the following
rights, regardless of your immigration status: a. The right to speak to
an attorney before answering any questions or signing any documents; b.
The right to a hearing with an Immigration Judge; c. The right to have
an attorney at that hearing and in any interview with INS (however you
do not have the right to a free, government-paid lawyer); and d. The
right to request release from detention, by paying a bond if necessary.

Noncitizens must assert these rights. If you do not demand these rights,
you can be deported without seeing either an attorney or a judge.
Leaving the U.S. in this way may have serious consequences for your
ability to later enter or to gain legal immigration status in the U.S.

5. TALK TO AN IMMIGRATION LAWYER BEFORE LEAVING THE U.S. Anyone not a
U.S. citizen may be barred from coming back to the U.S. if they fall
into certain categories of people barred from entering. This includes
some lawful permanent residents and applicants for green cards. Some
noncitizens that have been in the U.S. without INS permission may be
permanently barred from re-entering. In addition, some noncitizens that
leave the US and return with INS permission may be swiftly removed from
the U.S. if they end up in immigration proceedings.

CONTACT INFORMATION

National Lawyers Guild National office: (212) 627-2656, www.nlg.org

National Immigration Project: (617) 227-9727

Immigration Law Center Immigration law information is available on
www.nilc.org

American Arab Anti-Discrimination Committee
Report hate crimes and harassment against Arab Americans and Muslims to
ADC: (202) 244-2990.