ACLU, ILC Launch Protester Rights Guide for Immigrants
As federal lawmakers debate immigration reform in the coming months, Nebraskans will have the opportunity for their voices to be heard.
Thanks to a new resource, Nebraskans who are immigrants can more easily understand their rights and the risks of protesting.
The ACLU of Nebraska, the Immigrant Legal Center and the Lincoln Commission on Human Rights have published a “Know Your Rights” guide focusing on protesting rights for immigrants. The guide is based on a similar document that the ACLU of Nebraska shared at some of the state’s largest racial justice demonstrations in 2020.
The U.S. Constitution protects every person’s due process and equal protection rights in the United States, regardless of immigration status. This guide is intended to give people who are immigrants knowledge needed to participate in political protests, marches or demonstrations.
ACLU of Nebraska Legal and Policy Counsel Rose Godinez said that the partners saw a need for a specialized guide because non-citizens and lawful permanent residents alike must consider factors that don’t apply to other Nebraskans. For example, an arrest — even without conviction — could negatively impact someone’s eligibility for citizenship in the future. “Our friends, neighbors and family members who are immigrants should feel empowered to participate fully in our democracy, but they face real barriers because of harmful immigration enforcement policies and practices,” Godinez said. “We hope that this guide will help Nebraskans who are immigrants feel more secure and will enable them to practice their First Amendment rights as safely as possible.”
The guide notes that immigration policies disproportionately affect immigrants of color. Like Black Americans, Black immigrants are more likely to be arrested, convicted and imprisoned than the immigrant population in general.
Last year, LCHR began fielding calls from immigrant community members with questions regarding the racial justice protests. Commission Director Mindy Rush Chipman explained the situation.
“It was clear that participating in the protests was important to immigrants across the community; however, it was also clear there was no resource available to provide information on how to effectively and safely utilize their right to peacefully protest as new Americans,” Chipman said. “Now, this multilingual protest guide specifically developed for immigrants in Nebraska will help.”
Dearra Godinez, director of legal services at Immigrant Legal Center added her own thoughts.
“Immigrants, like all Nebraskans, should be able to live with confidence and free from fear, and that includes the right to protest,” Dearra Godinez said. “We recommend seeking advice from an immigration attorney before deciding to protest, and believe this guide will provide valuable information for immigrants looking to make their voices heard through protest.”
The guide is available online in English and Spanish on each organization’s website. Print copies can be found in the Immigrant Legal Center offices in Omaha at 4223 Center St., and the Lincoln Commission on Human Rights office in the City/County Building at 555 S. 10th St.
The partners plan to make versions available in Arabic and other languages in the near future. For more, visit aclunebraska.org/en/advocacy-tools.
For those with a legal background, legal observers can also help maintain the protection of free speech rights. An observer records interactions between police and protesters. While a formal legal background can help in this role, it is not required.
To learn more about legal observers, visit aclunebraska.org/en/be-legal-observer.
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