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作爲一個移民，一個來自大中華地區的移民，你很可能受到過度的關注。你出國旅行，您在高科技實驗室或公司工作，你每天用社交媒體，你的移民身份未定，你願意幫助在中國的朋友……所以你更可能會“遇”上執法官員，難説不是種族緣故……想想美國華人科學家郗小星和陳霞芬的遭遇！今天我們生活在日益“國家安全”至上的國度，周圍的監視越來越多
。 你能做些什么？我們編制了一份“可做”和“不可做”的事項，以協助你保護自己和你的家人。
Your Rights at Airport & US Border
1. The US Constitution guarantees to every US citizen an absolute
and unqualified right to enter America; the Constitution prohibits
customs and border agents from performing stops, searches,
detentions or removals based solely on religion, race, national
origin, gender, ethnicity, or political beliefs;
2. Customs and Border Protection (CBP) officers have the authority
to ask your immigration status when you are entering or returning to
America or leaving the country;
3. If you are a lawful permanent resident returning from brief and
innocent travel abroad, and you present your valid green card, you
must be admitted into the country;
4. If you are a non-citizen visa holder (that is, non green-card
holder), you may be denied entry into the US if you refuse to answer
officers' questions;
5. Generally, CBP officers may stop, detain, and search any person
or item at the border. However, it is legally unclear at this time
if this power extends to laptops or cell phones, but in practice
they sometimes do search such electronic devices;
6. US citizens cannot be denied entry to the US for any reason,
including for refusing to produce passwords, provide device access,
or submit electronic devices for a search. Lawful permanent
residents cannot be refused entry in principle;
7. For all travelers, as a practical matter, refusal to provide a
password might lead to delay, lengthy questioning, and/or officers
seizing your device for further inspection;
8. If an officer searches and/or confiscates your laptop or cell
phone, write down his or her name, get a receipt for your property;
9. There are practical steps you can take before traveling to
protect your digital data. For detailed information see Electronic
Frontier Foundation, "Digital Privacy at the US Border: “Protecting
the Data on Your Devices and in the Cloud" or www.eff.org/wp/digital-privacy-us-border-2017;
10. If you are a US citizen or green-card holder denied boarding in
a foreign country due to apparent inclusion on the No Fly List or
other watch list, the US government must help you return to the US
on a commercial flight. For more information, visit: https://www.aclu.org/know-your-rights/what-do-if-you-think-youre-no-fly-list
Federal Bureau of Investigation "Voluntary Interviews”
1. It is recommended that you speak to an attorney before speaking
to the FBI;
2. You always have the right to remain silent; your refusal to talk
to the agent cannot be used against you in court. To assert this
right, say "I want to speak to a lawyer and to remain silent";
3. Tell the truth or remain silent. Lying can be a crime;
4. You always, at any time, have the right to request an attorney's
assistance; asking for an attorney cannot be used against you in
court;
5. If you are at home when contacted, an FBI agent is not permitted
to enter your home unless they have a warrant or your consent to let
them enter;
6. If you have a cell phone with you, law enforcement agents are not
allowed to search that device unless they have a warrant or unless
you give them permission. If an officer insists, do not physically
resist, but tell them politely, "I do not consent to a search of
this device."
7. Just because an FBI agent has contacted you does not necessarily
mean that you have done anything wrong or even that you are under
investigation;
8. If you have a pending application for immigration benefits or if
the FBI references any pending application, consult an immigration
lawyer before answering any questions, see https://www.aclusocal.org/en/CARRP;
9. Law enforcement entities have been known to monitor social media
posts, groups, and profiles available to the public. Acquaint
yourself with the privacy settings of the social media services that
you use. The default settings on some devices will make posts and
profiles publicly visible by default.
If You Are Arrested
1. If you are arrested, the police have a right to search you and
the area around you. However, you always should state politely and
clearly, "I do not consent to a search."
2. The arresting officer should read you your Miranda rights before
questioning you, which include your right to remain silent and your
right to an attorney.
3. You have a right to ask for the officer's name and badge number.
4. If you are arrested, the right behavior is: keep your hands where
the police can see them; do not resist, run away or touch the police
officer; stay calm and do not argue.
5. The above dos and don'ts generally apply to your interactions
with other federal and local law enforcement officials;
The above information is prepared by ACLU, Asian American Advancing
Justice, Electronic Frontier Foundation, and UCA.
You can contact ACLU or ALC to report your case or request free
legal advice. Your next steps:
Advancing Justice-Asian Law Caucus 415-848-7714
http://advancingjustice-alc.org
?American Civil Liberties Union of Northern California
415-621.2493ext.339
http://aclunc.org
United Chinese Americans (UCA)
Info@ucausa.org
(UCA may refer you to other institutions or legal directory. ACLU
and ALC have staff attorneys who can help you in person)
ACLU:
http://www.advancingjustice-alc.org/wp-content/uploads/2017/06/Stopped-by-Police-Immigration-Agents-or-FBI-English.pdf |
