Protesting While Immigrant

By Naeem Mohaiemen, AlterNet. Posted August 26, 2004.

The New York City neighborhood church was filled with veteran protestors and curious first-timers, all interested in finding out more about upcoming protests at the Republican National Convention. The organizers start with a touch of humor: "And to our friends in plainclothes from the New York Police Department, welcome. We have nothing to hide." The few men sporting tucked-in-shirts and buzz-cut hairdos shifted nervously. Shouldn't they pick better disguises? Whatever happened to Serpico? Anyway, this was a meeting to plan peaceful protest – no one seemed worried about the police presence.

The meeting continued for hours, going through the various scenarios – where to march, where the detours may be, the status of the Central Park permit, what radio station to listen to, and where to stock up on drinking water. Finally, the legal observers came on stage – ready to give guidelines in case of any police action.

"First of all," intoned the speaker, "If you're a recent immigrant who is not a naturalized citizen yet, be very careful. Don't get arrested."

"Especially," she added, after a pause for emphasis, "If you look like you're Muslim."

Many Immigrants, Many Visas

Immigrants make up forty percent of New York City's population. Organizers expect that a lot of the city's immigrant population will be supporters, if not active participants, in the anti-RNC protests planned for this coming weekend. But it is these same immigrants who face legal restrictions on their right to engage in peaceful protest.

The status of immigrants can vary widely. Some are here on work or student visas; others have green cards and can apply for citizenship after five years with a green card. However, for certain immigrants the security check (post 9/11) can add several years to this process. All these types of immigrants have the legal right to protest and express political opinions in America – but due to extensive and slow background checks and increased surveillance, these rights are effectively restricted for Muslim immigrants.

Minor Arrests Block Citizenship

If all goes well, the anti-RNC protests will be large, peaceful and orderly. So why should immigrant protesters be worried about trouble? The reality is, as any of us attending protests in the last two years know, you can be arrested even if you don't "make trouble." During last year's controversial February 15 protests in New York against the war in Iraq, the police cordoned off entire city blocks, trapping protesters inside metal barriers. In this situation, even peaceful protestors can be arrested for "refusing to disperse."

Even a minimum charge of Disorderly Conduct is bad news for immigrants. If an immigrant is arrested for any reason, no matter how minor, it will affect his naturalization application. Even if the charges are dropped, the arrest alone is enough to sabotage citizenship. On the Citizenship (Naturalization) application, the applicant must answer the question: "Have you ever been arrested?" The question does not ask for more details – what were you arrested for, were you convicted, etc? Being arrested for any reason, even if it is wrongful arrest, could result in a refusal of citizenship. The applicant could have to wait five years after the arrest to reapply. This could have a chilling effect on immigrants who wish to protest.

The Post-9/11 World

Cutbacks of civil liberties of immigrants have been in effect long before 9/11. New legislation passed by Congress after the Oklahoma bombing (even though the culprits there were not recent immigrants) instituted mandatory detention of immigrants with any criminal convictions, even minor convictions, and the mandatory detention of asylum seekers. The law also removed judicial review of Immigration judges.

After 9/11, more laws were enacted that affected immigrant rights, legalized by interim policy and regulations passed by the Department Of Justice (and Homeland Security since March 2003). Attorney Sin Yen Ling of the Asian American Legal Defense & Education Fund says, "The reason all this was not done through the Patriot Act is simple. When you pass a law, Congress has to vote on it. If you pass interim regulations, it's much easier. You can do it without any public scrutiny."

Among the interim regulations passed are the following, all of which have had a chilling effect on free speech in immigrant communities:

Naeem Mohaiemen is Editor of Shobak.Org and Director of the documentary Muslims or Heretics?.

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