D.C. Council member Brianne Nadeau wants people living and visiting her diverse community to be aware of their legal rights if they’re stopped by U.S. Immigration and Customs Enforcement or other federal law agencies during the recent surge.
In a Monday virtual town hall, Nadeau, who represents Ward 1, said she wanted to provide some answers and conversation about the recent federal actions by the Trump administration, after the president announced he was invoking section 740 of the Home Rule Act, which Mayor Muriel Bowser characterizes as a surge in federal law enforcement.
The virtual meeting included guidance from Emily Cassometus, an assistant professor of law and director of legislation clinics at the University of the District of Columbia’s School of Law.
While not providing legal advice, she provided general guidance on a person’s rights if a federal law enforcer knocked on their door or stopped them in a public area.
If a person is at home, “The first thing we need to do is ask them, ‘Do you have a warrant?’ If they don’t have a warrant, you do not have to open the door, and you do not have to let anyone in,” said Cassometus.
If the officer says they have a warrant, “You should ask them to slide it under the door and check the details on the warrant.” Cassometus said a legal warrant should be specific to the address, and include “either the things or the people that the warrant is for, and it should be signed by a judge.”
If the warrant has that specificity, Cassometus said you should open the door, “or they’ll let themselves in.”
What about in a public area?
If stopped in a public area, Cassometus said a person should ask if they are free to go.
“If you’re stopped in a car, on a bus, on the sidewalk, ask the officer, ‘Am I free to go?’ If they say yes, leave. Don’t stick around to ask more questions. Just leave. Leave calmly, but please leave.”
If the answer is no, Cassometus said a person should say “I do not consent to a search.”
And, finally, “The third phrase is ‘Am I under arrest?'” If the answer is yes, a person should expect to be handcuffed and taken into custody.
If the answer is no, “Say ‘Am I free to go?’, and leave as quickly as possible,” said Cassometus.
Cassometus said to protect your rights, “You need to be very specific: I want to speak to a lawyer.”
And if you choose to remain silent, “you must actually remain silent. You cannot talk to anyone about anything, or they will use that as an excuse to ask questions.”
What bystanders can do
Cassometus, Nadeau and Samantha Davis with the Free DC group, which supports Home Rule, said concerned bystanders should witness and document when someone is being taken into custody.
“You, as a bystander, can ask to see that warrant, too,” said Nadeau. “And you can videotape, and you can ask questions, and you can ask the names of the officers, and you can ask for the names of the people who are being taken, so that we can all assist, further.”
After videotaping a person being taken into custody, Cassometus suggests sharing the video with a legal aid group, who can help protect the person’s rights.
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