As the inauguration approaches, the impeached president-elect Donald Trump has not announced an actual plan despite having promised to use his executive power to “begin the largest deportation program in American history”. 

However, recent Border Patrol sweeps in Bakersfield and community reported heightened ICE activity in Fresno and surrounding areas have many residents of the Central Valley living in fear. Simultaneously, the raids have motivated thousands to mobilize. Advocates have been rapidly collecting and sharing information and resources and organizing protests throughout the valley. A wave of demonstrations have taken place in Bakersfield, Salinas, and Fresno.

While immigration experts suggest that the reality of his declaration won’t be as dramatic as he makes it sound because of financial and legal barriers, Trump and his cabinet are pulling out their bag of tricks, citing a law that is nearly as old as the United States, and was last used during World War II to detain Japanese Americans, a decision that Congress officially apologized and distributed reparations for decades later. Additionally, Trump has repeatedly said that he will prioritize deporting “criminals” who are a threat to the public. 

Most people would agree that they would prefer not to have people who commit violent, oppressive crimes in their community (or in positions of power). However, the definition of criminal according to ICE is an umbrella term used to generalize a whole group of people, of which are mostly honest, hardworking citizens who contribute to our community. This tired rhetoric is an intentional misrepresentation based on biased, unreliable data, used as a way to further dehumanize people who are immigrants to justify deportation. 

For example, when reviewing the 2024 Annual ICE Report, Enforcement and Removal Operations (ERO) made 113,431 arrests on immigrants in the United States. The report heavily emphasizes the deportation of “at large criminals”. However, the top three charges are “traffic”, “dangerous drugs” (this includes simple possession and paraphernalia), and  “immigration”. Misrepresenting data is on brand for ICE as there are growing reports of them using and manipulating data to meet their ends (see also).

While ICE and Border Patrol have claimed transparency in response to the Freedom of Information Act (FOIA), what they do not and will not make clear is that every person in the United States has rights regardless of immigration status. Additionally, lying is a tactic they used to detain people. Knowing and asserting your rights in the event that you are approached by an officer can decrease the likelihood of a sudden detainment that can lead to expedited deportation.

The Immigrant Legal Resource Center (ILRC) created the Red Card to aid immigrants in asserting their rights in the event that they are approached by ICE officers. They are the size of a business card and contain scripts that can be practiced and used to prepare for an encounter with ICE. 

The card is an important resource in the stressful event that ICE or Border Patrol approaches someone at their home, in traffic, in a public place, etc. ICE officers will not explain your rights to you so it is crucial that you know them and assert them. The Red Card is a grounding tool, a visual reminder that you have rights regardless of your immigration status. Additionally, in the event that a person cannot or chooses not to speak, the red card can be handed over to communicate that you are aware of your rights. 

While the Red Cards are an important tool, they are just that–a means to help meet an end. They are to help avoid being detained when an officer does not have a warrant with your name on it and signed by a judge. Understanding the depth of your rights and being able to effectively assert them is the goal.

Know Your Rights

Regardless of citizenship status, you have rights in the United States. These are based on the 4th and 5th amendments and include the right to remain silent and refuse to sign anything without a lawyer present, to speak to a lawyer, to make a phone call, to demand a warrant and deny entry to authorities without one.

The Red Cards include scripts that can be verbalized to officers that are attempting to detain you or a loved one. They are:

I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution.

I do not give you permission to enter my home based on my 4th amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door.

I do not give you permission to search any of my belongings based on my 4th Amendment rights.

I choose to exercise my constitutional rights.

These cards are a free resource available to all.

Nonprofits and public defenders can order them here.

Businesses and private attorneys can order them here.

Anyone can download and print them here. 

Red Cards in Fresno

During a press conference on January 11, State Senator Anna Caballero stated, “California has declared ourselves a sanctuary state, and that means that no state resources will be used to detain, arrest, or to work with the federal immigration authorities…And we've asked our cities and counties to be sanctuary cities and counties as well, so that any action is a federal action.”

Local officials have repeatedly stated that Fresno does not use local resources to assist in enforcement and removal operations. This sentiment was repeated at the press conference on Saturday morning. 

However, Fresno has not committed to being a sanctuary city. When in office, Lee Brand (our mayor prior to Jerry Dyer and during the first Trump administration), stated that he did not see the purpose of labeling Fresno as such. Additionally, he was worried of the risk of federal funding being cut after Trump threatened to do so to cities that declared sanctuary.

There is no standardized definition of what it means to be a sanctuary city, however the overarching requirement is that local government creates protections for the immigrant community through legal policies. While pinky promising to not work with ICE or Border Patrol is a nice gesture, sanctuary policies are a way that our local government can solidify their commitment through action as opposed to the inaction they have insisted on. 

Because there are no local protections, it is doubly important that people take precautions to protect themselves. The Red Cards are a step in the direction of practicing and educating others about their rights. They were created for people who are not documented or whose documentation is expired and can be used as a tool to inform family members, loved ones, and community members. This is especially important for our elders and other folx who are not tapped into social media where information about the cards has been circulating. Young people will be the bridge to filling these gaps!

Practice Makes Progress

Possessing Red Cards will not be enough to protect you. Once you have yours, it is important to practice using them. You can practice reading them aloud and with loved ones and community members by acting out scenarios. If you or someone you know is approached by ICE, you will be more comfortable asserting your rights, either verbally handing it to officers, or sliding it under the door. 

Practicing will give people confidence when asserting their rights. Having a physical red card in the event of being confronted can also signify to the officers that you know your rights. You may not need to say anything. If they come to your house you can slip it under your door. If somewhere else, you can hand it to them and say “I refuse to talk to you without the presence of my lawyer.”

Additionally, attending a Know Your Rights informational session in the area can be a great way to gather more information and obtain resources including family preparedness plans. CVIIC hosts them in Fresno and Visalia. Fresno Unified also hosts them occasionally.

If you or an organization you know has Know Your Rights informational sessions or workshops that are available to the public, please reach out to usparkmars@gmail.com and we will add you to our list of resources.

FresKNOW

In upcoming weeks uSpark will be providing more information, resources, and event invitations. Our goal is to inform our readers and equally, if not more importantly, provide resources and actionable steps to help our community mobilize and create real, collective change. Together we are stronger! 

But we can’t do it without you…..

uSpark will be passing out Red Cards on Wednesday, January 15th from 5PM-9PM at Sun Stereo Warehouse (736 Fulton St, Fresno, CA 93721).