Lawyers for Civil Rights is alarmed by the recent statement by the U.S. Attorney for the District of Massachusetts. The lawlessness stems not from residents but from immigration officials operating with unprecedented violence and blatant disregard for law and order.
The real threat to public safety is the use of excessive force, often while obscuring their identities behind masks. Law enforcement officials smashing car windows to forcibly drag passengers out without a warrant is an abuse of power, violating basic rights against unreasonable searches and excessive force – all while ignoring the person’s right to counsel.
Law enforcement officials don’t decide who has rights and who doesn’t.
The Constitution grants every person in this country — irrespective of immigration status — fundamental civil rights and due process protections. These include the right to consult with an attorney, to refuse to answer questions, and to decline warrantless searches, particularly in your home in the absence of a valid court order or judicial warrant. Asserting these rights without escalating conflict is not unlawful, nor does it constitute interference or obstruction.
In Massachusetts, people also have the right to record law enforcement activities as long as it is open and obvious. Asking officers to identify themselves and recording law enforcement without interfering does not constitute obstruction — these are constitutional rights protected under federal and state law.
Yet, since January, many people have been unable to safely assert their rights without fear of violence or the destruction of property — now compounded by the looming threat of criminal prosecution.
Lawyers for Civil Rights demands that the federal government uphold the Constitution and respect the rule of law. We will safeguard civil rights to prevent their erosion under the guise of immigration enforcement.