MICHAEL O. ALLEN

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ACLU

KNOW YOUR RIGHTS: If You Encounter ICE

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And so it has come to pass, well into the 21 st Century, that whole communities are being terrorized by U.S. Immigration and Customs Enforcement (ICE) agents on American soil in search of people who “look like immigrants” so the new administration of Donald Trump can throw them out of the country and/or into detention camps.

Immigrants, even undocumented migrants, have rights and here are some precautions you should take:

Do’s & Don’ts

  • You are not obligated to open your door to ICE agents so don’t open the door.
  • Ask to see a warrant and ask them to slip it under your door so you can examine it.
  • The officers need to show you the right type of warrant, which is a judicial warrant signed by a judge.
  • A judicial warrant authorizes ICE officers to enter a home, question people and, potentially, detain them.
  • An ICE warrant, which is usually signed by the officers, does not authorize the officers to enter your place of residence.
  • Ask the agents to get a judicial warrant signed by a judge.
  • Non-citizens such as green card holders and people with Employment Authorization Document (EAD) are required to carry identification.
  • If you don’t have identification (or you don’t have legal status), remember:

YOU HAVE A RIGHT TO REMAIN SILENT!!!

  • You are not required to answer questions from agents who approach you.
    Do not speak to anyone until you are provided with an immigration lawyer.
  • If you have a case in progress, carry copies of receipts of the case around with you.
    While the receipts won’t stop you from getting detained, they will help your attorney get you out of detention.
  • If you’re a U.S. citizen, especially if you look ethnic, get in the habit of carrying your passport on you in case you get swept up in a raid and being detained. It is not unheard of!!!

TRAVEL WITHIN THE U.S.

  • Be very careful and don’t travel if you don’t have to.
  • Remember, you’re liable to be pulled over by law enforcement at any time while driving.
  • There could be checkpoints while trying to board a bus or train.

INTERNATIONAL TRAVEL

  • Again, be very careful. Don’t travel if you can help it.
  • Green card holders, and people with advance parole travel document that allows certain noncitizens to leave the United States and return without applying for a visa and those Employment Authorization Document (EAD) cards should refrain from traveling during Trump’s term in office.
  • Green card holders who encounter problems returning to the U.S. should ask the official that they wish to see an immigration judge and want to be placed in proceedings.
  • That should allow you to see a judge where you could get a chance to enter the U.S.

FINALLY,

  • If you have any criminal history, even if you were just charged but not convicted, refrain from driving or traveling.

RESOURCES:

Living ‘Black’ in the United States of America

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And living to tell the tales.

Traffic was heavy on Route 17 in Hasbrouck Heights on my way home to Ridgewood, NJ, after work on Wednesday, which wasn’t exactly news. But, as I approached a stretch where Route 46 and Interstate 80 go over Route 17, traffic eased and I saw the reason why. Rubbernecking motorists.

What were they looking at?

A black man with both hands on top of his head standing in front of a white police officer on the grassy area next to the shoulder. The cop’s car, lights flashing, and another car in front of it were parked on the shoulder. Unlike Alton Sterling on Tuesday or Philando Castile on Wednesday, this black man stopped by a white cop was still alive.

James Eagan Holmes, heavily armed, killed 12 and injured 70 people in a Colorado theater and was captured alive. Dylann Roof killed nine churchgoers in South Carolina and was captured alive. Jason Dalton killed six and injured two in Kalamazoo. His life was preserved as he was being arrested.

Cedric Chatman. Tamir Rice. Laquan McDonald. Eric Garner. Michael Brown. Black men make up 6% of U.S. population; are 40% of people killed by police.

He’s lucky to be alive, I thought as I drove on. Was that too sanguine a response to the situation?

Jesse Williams Speaking out

I am not taking the situation lightly. I’ve lived long enough to be a middle-aged black male despite too many tangles with cops, both in the United States of America and elsewhere, to do that. But, as these killings pile up, becoming more and more common each day, I’ve long realized that I’ve been lucky to still be alive to tell tales of encounters with cops.

My narrow escape from racist Afrikaners in 1994, while on assignment for the New York Daily News in South Africa, is an entirely different story that will be told a different day. Not today. Also, it’s available on the Internet for anyone curious enough to want to find out.

St. Louis, MO in the ’80’s

A police car pulled up behind my car as I eased into traffic after a college friend and I left a bar late one night many years ago. He pulled me over. The cop came up to the car, peered in, then instructed me to step out. I did. He said that he had stopped me for suspected drunk driving because he had observed me weaving in and out of traffic. I protested that I did no such thing and that, in any case, I couldn’t be drunk driving since I had not been drinking.

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Pieces of Me

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This site is, of course, the archive of mostly my newspaper journalism. I have written other places, too.

I don’t know if it is wanderlust, nostalgia, whatever, I found myself looking around the web for some of my past writings and came across these pieces scattered around the Internet. Some of these pieces, I posted individually at the time I wrote them but I was not consistent in doing that.

Without comment, here are some of the discoveries:

From the American Civil Liberties Union’s BLOG OF RIGHTS:

http://www.aclu.org/blog/author/michael-o-allen

The Natural Resources Defense Council publishes ONEARTH magazine:

http://www.onearth.org/author/michael-o-allen

And, at the Overseas Press Club of America, where I covered news events and wrote blog posts for OPC’s website (www.opcofamerica.org/), I found these blog posts: https://www.opcofamerica.org/search/node/michael%20o.%20allen

Defending the Constitution

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I have a conflict: I am in the ACLU family and subscribe to its ideals. It is in that spirit that I offer this.

The ACLU's John Adams Project Our generation countenanced the illegal imprisonment of hundreds of people on the Cuban island known as Guantanamo Bay. I know some will blame terrible reign of George W. Bush and his minions for the dark times we live in but this historical event is our shame alone to bear.

Setting up this American Gulag was an assault on the character of our nation. We looked for the nearest mall when Bush said “go shop,” instead of questioning what he was up to. So he came up with new ways to take away more of our rights.

But, perhaps more than that, Bush’s biggest crime was devaluing what America means. We, as a people, a society and a culture, were complicit in that. The American Civil Liberties Union offers us a road back to reclaiming our virtues as a nation.

The question is: will we rise up to the challenge?