The land we stand on: The broad strokes of marginalization of America

Donalda Brantley
By Donalda Brantley The Black Lens

On the land that we stand on, in 1492 Christopher Columbus sailed the ocean blue and from then on Native American tribes including my own, the Nez Perce (Nimiipuu) tribe, suffered from colonization, murder, war, slavery, disease, and genocide. Once the colonists had exhausted the lives of my ancestors they moved on to exhausting more of my ancestors. African people who they stole and traded for hundreds of years resulting in another genocide. All while colonists began their fight for their American dream.

On the land that we stand on still, Tribes and Black communities have had to continuously fight for their rights and recognition within this country that was built on the backs of those who never reaped the benefits of their own work. Our “American Dream” comes with sorrow, blood and being stepped on.

Now on the land that we stand on, immigrants from every corner of the earth who have taken immeasurable risks to gain their “American dream” are being wrongfully punished and persecuted by law enforcement without proper following of policies of human and constitutional rights.

Currently on the land that we stand on and according to the U.S law and Department of justice, BEING UNDOCUMENTED IS NOT A CRIME. It is a civil offense. It is a fact and truthfully stated from the American Civil Liberties Union that, “Undocumented presence in the United States is only criminally punishable if it occurs after an individual was previously formally removed from the United States and then returned without permission.” This is clearly stated through 8 U.S. Code 1325 and 1326. While U.S. policies clearly state behavior and rules to properly follow to handle immigration situations, the current events and actions of “leaders” within this country show the opposite. In other words, human rights have continuously been violated and multiple human lives have been taken due to unjust treatment of human beings.

Our country is no stranger to mistreatment of individuals of color and those who are deemed different or “aliens.” We are no stranger to violations of human rights. On the land that we stand on, acts of senseless crime have been harming this country since before it even started. War and fights to get to the top of both social and economic hills have created immeasurable damage that cannot be erased. Time and time again, we the people have been fighting to fix these issues. Not alone. But together. For example, it is a crucial reminder for us to remember the multiple minority and migrant justice movements that have had success within the U.S. such as the civil rights movement of the 1960’s. At the forefront, Black communities fought for human rights, destruction of racial barriers and poor living conditions. Along their side and simultaneously fighting was the Latin x community fighting for the Chicano Movement and many other minority groups aiming to create change for the better. At the center of all these movements is the connection and allyship between different socioeconomic, culture and political groups thus leading to change in society which supports human rights.

Strength in numbers continues to be crucial to creating these changes even 60 years later. Even if we analyze the success of colonists in the creation of the U.S. in 1776, they utilized allyship to win the war against the British when they were once immigrants to the U.S.

Current protests within large and small communities which include both people of color, white citizens, noncitizens, poor, and rich, not only create imagery of connection but begin movements of social justice. On land that was stolen, it is no one’s right to prevent people from coming here and making their own American dream, just as colonists did hundreds of years ago.

Allyship has been crucial to the success of change. During these times of disconnect we need to have the urge for unity and connection to provide uplifting support to see real change within our broken societies. As we continue to watch this country fall from people in power who aim only to step on the backs of the working class, people of color and minorities, we must remember the times we have come together before to make change. We simply must do it again.

With the understanding of facts that the act of being in the U.S. without papers and authorization is not a crime; it is a violation of the immigration and naturalization act of the U.S. (8 U.S.C 1325 & 1326), we must uphold people to proper standards of U.S. constitutional and human rights and at the bare minimum treat people like people. While people of immigration status are not excluded from doing crime, the U.S. has dug themselves into a hole of mistreating immigrants and improperly handling cases through double punishment, deporting people to unsafe locations that are not of their origins, separating families, murder and other forms of injustices. Unjust treatment needs to be met with just consequences. While we aim to remind those in power of the proper policy and procedures to follow, may we follow each other with love, support and kindness.

Only the light can drive out the darkness so therefore we must not fight fire with fire. May we remember the times of unity between indigenous and Black communities to survive during the initial years of this country. Now on the land that we stand on it is crucial that we continue this alliance and expand it to protect our immigrant brothers and sisters who are wrongfully being targeted and punished by hatred. As our “leaders” aim to tear families and friends apart, we must fight to stay together. An unjust action towards one person is an unjust action towards all of society. Migrant justice is human justice.

More Information

More Information

More Information

You have constitutional rights in the United States. Here is vital information taken directly from the website of the Washington Office of the Attorney General below (atg.wa.gov):

If an immigration enforcement officer approaches:

You have the right to be silent. You do not have to speak, answer any questions, sign any document, or share any personal information. You can tell the officer “I choose to remain silent.” You may exercise this right at any time, even if you have already answered some questions.

Anything you say or do can be used against you: You should not lie or show false documents.

You can ask if you are free to leave. Running or otherwise fleeing before determining whether you are free to go, could give an immigration officer probable cause to detain you, even without a valid judicial warrant.

If they answer “yes,” then you can leave immediately. You do not have to identify yourself or answer any questions.

If they answer “no,” then you may say that you would like to consult with an attorney and otherwise you have the right remain silent.

You can ask them to leave. If immigration officers enter a private space and do not have a court order or warrant signed by a judge (see Immigration Enforcement Document Samples), you can ask them to step outside and let them know you do not consent to a search.

In the workplace, they may not enter areas reserved for employees without permission.

At schools, they may not access areas that are not open to the general public, such as classrooms, private offices, and residence halls without permission.

On private transportation or within businesses that restrict access to their customers, immigration enforcement officials do not have to be admitted entry without consent or permission.

You can ask to see their court order or warrant signed by a judge. Immigration officers must have authorization from a judge in order to enter a private space without consent. If federal officials claim that they have a court order, warrant, subpoena, or other document that allows them to enter without consent, you can ask to review it before permitting them access. You may ask them to slip the document under a door or hold it up to a window so you can read it.

You do not have to open the door/allow them access into a private space unless the document:

Has correct name and identifying information of the person they are pursuing,

Accurately identifies the location where they are attempting to enter,

Has an effective date that has not expired, and

Is signed by a judge. Only federal judges have the power to authorize an immigration-related search or seizure warrant. Immigration agents and immigration court judges are administrative officers – they are not federal judges with the power to issue binding warrant. See Immigration Enforcement Document Samples or visit www.nilc.org/resources/warrants-and-subpoenas-facts for more thorough guidance on the differences between these types of documents and what to look for when reviewing them.

Note: An immigration or “administrative” subpoena or warrant is not the same as a judicial search warrant (see Immigration Enforcement Document Samples). If they only have an administrative warrant, they cannot legally come inside unless given permission/consent to enter.

If at any point you decide to speak with immigration officers, you do not need to open the door or allow them inside to do so unless they have judicial authority to enter without your consent. You can speak to them through a door or window, or step outside and close the door.

You can ask for their information. Write down the name, telephone number, officer or badge number, and other identifying information that you are able to collect from the immigration officer.

You do not have to sign anything. You have no obligation to sign any document without speaking to an attorney. Make sure you understand exactly what the document says and means before you sign it. If the document is in a language that you do not understand, you may request that it be translated for you.

If you sign certain types of documents, such as a Waiver, Stipulated Removal Order, or Voluntary Departure Agreement, you may be waiving your right to see a lawyer or judge or agreeing to leave the country. It may also mean you will not be allowed to enter the U.S. again or get immigration status. Never sign a document without reading, understanding, and knowing the consequences of signing it.

Be prepared. You can make a plan for your loved ones and responsibilities to be taken care of.

Consult a lawyer now

Make copies of your important documents and keep the originals in a safe place

If you have it, carry with you evidence of lawful entry or current lawful status, including pending immigration court case or appeal

Make a family plan, including an emergency caretaker for your children – In Washington, Legal Counsel for Youth and Children has several resources and trainings to help parents plan for the care of their children in the event that they are detained or deported.

Memorize at least one emergency phone number

If you are arrested, detained, or taken into custody:

You have the right to speak to a lawyer. You have the right to an attorney, and if you are detained or taken into custody, to receive a phone call from your attorney. You can ask to contact an attorney even if you do not yet have a lawyer. Immigration enforcement does not provide attorneys, but you may ask for a list of pro bono (free) lawyers. In Washington, you may contact the Northwest Immigration Rights Project (NWIRP) to see if they can represent you: tacoma@nwirp.org or 253-383-0519.

You have the right to contact your consulate. Your consulate might be able to help you find a lawyer or other supports. Telephone numbers to your consulate should be posted in the jail or detention center. You can also ask for a consulate list.

Say it loudly and clearly if you have a fear of returning to your country of origin. If you are taken into immigration custody and you have fear of returning to your country of origin, you should state that fear clearly and loudly, as often as you can.

You can ask to call a family member or friend. If you are arrested and need to arrange for care for a child or call into work, you may ask to do so. Have at least one essential phone number memorized, in case of emergencies.

Report any health conditions or medication needs. If you will need medications, access to medical care or equipment, or food accommodations due to allergies you should report that information clearly and as often as you can.

Request a bond hearing. You have the right to request a bond hearing immediately; doing so may prevent transfer to a detention facility outside of Washington State. A sample one-page bond hearing request (I-268 form) is available in Immigration Enforcement Document Samples.

More information about your rights in detention is available at: www.nwirp.org/resources/nwdc.