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 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]> 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. >> >> >> 1. 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. >> 2. Maintain a reasonable distance from any encounter. Anyone alleged >> to have obstructed, impeded, or assaulted an ICE agent may be criminally >> prosecuted. >> 3. You have the Constitutional right to observe ICE agents and to >> take notes and/or video record an encounter. Again, from a reasonable >> distance. >> 4. 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. >> 5. 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. >> >> >> >> All the best, >> >> Kim Jalet (Brooks Road) and Kathy Madison (Concord Road) >> -- >> 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. >> >>
-- 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.
