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Addressing concerns over the potential for actions taken by U.S. Immigration and Customs Enforcement (ICE) agents within San Benito County, the San Benito County Solidarity Network held its first recruitment and training session on July 20 at the Epicenter Building in Hollister.
Approximately 35 volunteers who were interested in becoming legal observers gathered in preparation for potential immigration enforcement actions within the county.
As part of a regional response network that includes Santa Clara, Monterey and Santa Cruz counties, the local group is also working closely with Your Allied Rapid Response (YARR), a “grassroots” organization based in Santa Cruz County.
Miriam Watson, a YARR representative at the session, defined the role of legal observer as a trained individual who would be present during reported actions, first to verify that the agents were from ICE and then to take notes and videotape whatever is taking place. The observers are not allowed to confront, impede or otherwise interact with the agents and are expected to comply with any orders given by authorities.
Watson said the information would then be used by the legal counsel of any people who are detained to assist in representing them in court hearings or agency actions. The information can also be used to help families locate members who have been detained or arrested.
“We know that illegal actions are being taken,” she said at the session. “Being there physically shows ICE that there are responsive people in the community, and the information is helpful for individuals who are being detained.”
ICE has been accused of constitutional rights violations in various class action lawsuits, including a recent filing on July 2 in the U.S. District Court for the Central District of California, alleging the agency targets people based on skin color; and a lawsuit filed on July 16 in the U.S. District Court for the District of Columbia alleging violations of due process during arrests; and a lawsuit filed on June 18 alleging retaliatory violence against legal observers and journalists.
Watson said that information about ICE actions in San Benito County is limited, and that there has been at least one instance in Santa Cruz County where a person was detained and deported.
Lily Lucero, an immigration advocate for the last four years, has gained a broad understanding of immigration policy through her work on bail and detention issues. She became involved as a verifier and legal observer with the rapid response network in January.
She discussed her experience during previous ICE enforcement actions, saying the roles of verifier and observer are distinct, with different goals. A verifier goes to the location of a reported action to confirm or deny the presence of immigration enforcement, in part to dispel false information.
Once ICE presence has been established, she said, the person could take off their “verifier hat,” if they chose, and change roles to that of a legal observer, documenting all aspects of the scene.
A checklist distributed to the 35 or so session attendees detailed the type of information to be recorded, including the number of law enforcement or immigration agents involved, whether any news media are present, visible badge numbers and license plates, the type of weapons being carried and whether the lights on body cameras indicate they are recording.
Observers are also expected to document any orders given, whether warrants are being displayed, whether there is any violence or use of force, and any searches made of a person’s belongings, vehicle or home, according to the checklist. They are also expected to record the names of people being arrested or detained and note any injuries they observe.
According to Lucero, it’s essential for an observer to remain neutral and not to get involved in any action being taken, or to be seen as part of any demonstrations or resistance, to advocate in any way, or disregard the instructions of officers or agents.
“I know that many of us will want to throw ourselves into the middle of it,” she said. “It’s important to note that a legal observer is not there to stop the action from taking place. At that point, you are no longer a legal observer.”
Lucero said legal observers are necessary for four reasons.
The first is for documenting potential constitutional violations and abuses that could occur during a raid.
Lucero said she believed that “practically none” of ICE’s actions are constitutional and that the documentation legal observers record can be instrumental in helping someone whose rights have been violated.
The second reason she presented is that documentation from legal observers can be used for larger civil suits and civil rights cases against potential ICE misconduct locally, regionally and nationally.
The third reason, Lucero said, is that it shows ICE that the community is watching and that “we are keeping an eye out.”
“It’s a way of showing our community that we have each other’s backs,” she said, “and that we know what is happening. And when people are targeted in our communities, we will not just let it happen.”
The fourth reason, Lucero said, is that the presence of legal observers and their participation can occasionally encourage ICE to be more restrained in its actions.
“If they know that they are being recorded,” she said, “if they know that people are keeping vigilant watch, they may de-escalate themselves. This is not a guarantee, of course, but visible community presence can really help.”
Irma Gonzalez, president of Chapter 2890 of the League of United Latin American Citizens (LULAC), helped organize the training and spoke with BenitoLink about her concerns.
“Our president has said exactly what he is going to do,” she said. “Right now, San Benito County is not in the crosshairs. It will be. If you’re thinking that it’s not, then you haven’t been paying attention.”
At the end of the session, attendees were asked to sign nondisclosure forms, limiting their communication outside of the group or to the media, to ensure privacy and guard against potential repercussions. BenitoLink agreed not to disclose the identities of participants.
For more information about legal observer training, contact Gonzales at (831) 297-2458, email igonzalez@sbclulac.org or visit the San Benito County Solidarity Network. For more information on legal rights, visit the LULAC website.
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