Well researched. Yes, from everything I have been following, this is all true.
> On Sep 11, 2025, at 12:19 PM, Kim Jalet <[email protected]> wrote: > > Hi Esther, > > Thank you for your questions. > > Respectfully, we have given all that you reference a great deal of thought. > We recognize that what is happening is not standard at all. Masked, armed > agents without identifying insignia on our streets endanger everyone, as it > encourages imposters (see: > https://komonews.com/news/nation-world/man-carl-bennett-jr-accused-of-posing-as-ice-immigration-and-customs-enforcment-agent-sexually-assaulting-woman-at-motel-report-raleigh-north-carolina-wake-county-sheriffs-office), > erodes public trust, and prevents accountability, which is a hallmark of > democracy. > > The term “disappeared” sadly, is accurate, because attorneys and family > members are often unable to locate individuals for extended periods, > particularly when detainees are transferred rapidly between multiple > facilities. This has been happening since March (see: > https://www.nbcnews.com/news/latino/lawyers-advocates-say-48-people-are-unaccounted-ice-raid-new-mexico-rcna196773). > > > We are also well aware that the rights of immigrants who are presumed to be > here illegally vary depending on where they are arrested and other issues. I > would encourage you and anyone who shares your concerns to visit our website, > lincolnwitness.org <http://lincolnwitness.org/> where you can find links to > numerous articles that demonstrate due process is indeed being violated > outside of the legal contexts you outline. > > The purpose of our resistance is to stand up against further erosion of > rights. Fundamentally, Lincoln Witness believes that, while this > administration has begun by targeting immigrants, this crackdown may be > testing the waters for denying rights to other groups, especially anyone who > disagrees or is not “loyal” to the administration. Therefore, protecting the > rights of one group protects everyone. > > The trend of ignoring court orders further concerns us (see: > https://davisvanguard.org/2025/07/trump-administration-defies-court-orders/). > We exist to bear witness and document what is happening right now. While we > cannot prevent someone (whether an immigrant or a U.S. citizen) from being > taken, we can help protect people’s rights by ensuring that they’re aware of > them and by supporting community preparedness. > > Finally, entering the United States illegally is a civil offense, not a > criminal one, and many people who are being detained have pending cases for > asylum or other protections and no criminal record (see: > https://www.npr.org/2025/07/03/nx-s1-5454891/sharpest-growth-in-ice-detention-population-people-with-no-criminal-convictions). > It’s worth noting that some people being detained are here legally, are > American citizens, and/or are veterans. > > Immigration laws are badly in need of attention and reform, but this > administration is not working to address the problems with immigration law. > Instead, they are frightening entire communities and, with the recent Supreme > Court decision, “the Government can seize anyone who looks Latino, speaks > Spanish, and appears to work a low wage job” as Justice Sotomayor put it in > her dissent. This goes against fundamental freedoms upon which this democracy > has long been based. > > You ask about what our resistance is all about. I suggest you recall that > Thomas Jefferson once said: “When injustice becomes law, resistance becomes > duty.” > > I hope this answers your questions. We welcome respectful dialogue on these > important issues that affect us all. > > Best, Kim & Kathy > > > On Thu, Sep 11, 2025 at 9:50 AM Esta Rogen <[email protected] > <mailto:[email protected]>> wrote: >>> Kim, >> >> Thank you for posting your cause and activist group information. >> >> Respectfully, I believe you're immediately jumping to certain assumptions >> however that warrant some thought, for example, the fact that those >> presumably illegal immigrants are 'disappeared' and that 'reports' of no due >> process are de facto standard. >> >> -How would you or anyone know that 'due process' is not being afforded the >> detainees? ICE provides little/ no information as a matter of policy. >> -What does 'disappeared' mean in your activist group's opinion? Can you be >> specific? Have they literally disappeared or is this simply for drama? >> -What does your activist group's non-violent resistance believe the outcome >> of this resistance will be? What's considered best case in your opinion? >> -Lastly, if the law is being broken (people entered this country illegally), >> does your group not believe in the current law and thus you believe it's OK >> to break an existing law? Can you be specific? >> >> Concerning existing law and as I am an attorney, I'd thought it proper to >> provide some constitutional context for your consideration: >> ------------------------------------------------------- >> >> illegal immigrants who have entered the United States generally have >> certain due process rights under the U.S. Constitution before they can be >> deported, though the extent of these rights depends on their circumstances >> and legal status. >> >> The Fifth and Fourteenth Amendments guarantee due process of law to all >> persons within the U.S., regardless of immigration status. This means that >> undocumented immigrants are entitled to some procedural protections before >> deportation. Key points include: >> >> 1. **Right to a Hearing**: Most undocumented immigrants are entitled to a >> hearing before an immigration judge to determine their removability. This is >> typically part of removal proceedings under the Immigration and Nationality >> Act (INA). They can present evidence, challenge the government’s case, and >> apply for relief from deportation (e.g., asylum, cancellation of removal) if >> eligible. >> >> 2. **Notice of Charges**: They must be informed of the reasons for their >> deportation and the charges against them. >> >> 3. **Right to Legal Representation**: They have the right to hire an >> attorney, though this is not provided at government expense. They must be >> informed of this right and given a list of pro bono legal services if >> requested. >> >> 4. **Exceptions**: >> - **Expedited Removal**: Under certain conditions, such as being >> apprehended within 100 miles of the border and within 14 days of entry, some >> immigrants may face expedited removal without a full hearing. Even then, >> they have limited due process, such as the right to claim fear of >> persecution (potentially leading to a credible fear interview for asylum). >> - **Reinstatement of Removal**: For those previously deported and >> re-entering illegally, prior deportation orders can be reinstated with >> limited due process. >> - **Criminal Convictions**: Immigrants with certain criminal convictions >> may face streamlined processes with fewer protections. >> >> 5. **Detention**: While detained, they are entitled to humane treatment and, >> in some cases, a bond hearing to determine if they can be released pending >> their case. >> >> The scope of due process can vary based on factors like entry method, length >> of time in the U.S., and prior immigration history. For example, long-term >> residents may have additional protections or eligibility for relief compared >> to recent entrants. >> >> Esther >> ----------------------------------- >> >> >>> >>> Dear Lincoln Talk: >>> >>> In mid-May, as ICE activity surged in neighboring towns, several of us here >>> on LincolnTalk shared concerns about reports of lack of due process as >>> masked figures detained and “disappeared” people off the streets of >>> Somerville, Acton, Waltham, and beyond. We held a meeting for interested >>> persons at the library and, when twenty people appeared, we decided to form >>> a group whose purpose would be to mobilize as a rapid response team should >>> ICE ever come to Lincoln. We are committed to nonviolent resistance. >>> >>> You may have seen us dressed as Ladies of Liberty marching in the Fourth of >>> July parade. You may have seen us at our table at the Farmer’s Market on >>> Saturdays in Lincoln Center. You may have seen this week’s article in the >>> Lincoln Squirrel regarding our address to the Select Board meeting >>> (https://lincolnsquirrel.com/2025/09/lincoln-group-forms-in-response-to-ice-arrests/). >>> >>> Earlier today, one of our neighbors on LincolnTalk shared that ICE was >>> reportedly detaining individuals in Waltham near the Lincoln border. We >>> are likely to see much more of this now that ICE has launched operation >>> Patriot 2.0 >>> <https://www.wbur.org/news/2025/09/08/september-ice-surge-massachusetts-boston-arrests>. >>> >>> >>> Here is what you can do if you ever do see an ICE encounter. >>> Call or text 617-370-5023 the multi-lingual Immigrant Justice Network LUCE >>> Defense Hotline <https://www.lucemass.org/>. Their trained volunteers are >>> sent out to verify ICE sightings. >>> Maintain a reasonable distance from any encounter. Anyone alleged to have >>> obstructed, impeded, or assaulted an ICE agent may be criminally prosecuted. >>> You have the Constitutional right to observe ICE agents and to take notes >>> and/or video record an encounter. Again, from a reasonable distance. >>> If you’re questioned by ICE agents, you have the right to remain silent. >>> You are not required to answer questions about your own immigration status >>> or the status of another person. >>> You have the right to refuse ICE agents entry to your home without a >>> judicial warrant. This is an arrest warrant signed by a judge. >>> >>> Come see us at the Farmer’s Market this Saturday! Take some >>> know-your-rights cards for anyone in your life who is vulnerable (available >>> in Spanish/English and Portuguese/English), sign a petition for important >>> pending legislation, and talk with us. We’re the ones wearing the Liberty >>> crowns! And for more information, please visit our website, >>> lincolnwitness.org <https://lincolnwitness.org/>. >>> >>> All the best, >>> Kim Jalet (Brooks Road) and Kathy Madison (Concord Road) >>> -- >>> The LincolnTalk mailing list. >>> To post, send mail to [email protected] >>> <mailto:[email protected]>. >>> Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. >>> Change your subscription settings at >>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>> > -- > The LincolnTalk mailing list. > To post, send mail to [email protected]. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. >
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