As’Salaamu Alaikum Community Members,
I write to you on behalf of our legal team to convey Eid greetings to you all, hoping that the celebration was filled with the great company of loved ones, food, and gratitude for all our blessings this past month.
While we celebrated Eid separate from the broader community, the CAIR-SFBA legal team continued advising individuals on their immigration options and expanded our legal services including assisting community members in applying for unemployment insurance benefits, accessing stimulus payments, and with situations involving housing issues and evictions. More crucially, with a slew of protests and public condemnation surrounding the killing of Mr. George Floyd, a father, and community man, by Minneapolis police officers, the CAIR-SFBA legal team was engaged in making sure individuals and families were aware of their rights when dealing with law enforcement and Federal Bureau of Investigation (FBI) officers.
During the onset of the COVID-19 pandemic, our office continued receiving a slew of intakes from individuals adversely impacted by the increasing number of layoffs, furloughs, and lost income brought on by the contraction of the economy and inability of employers to place employees before profits for executives and shareholders. Community members reached out to our legal team querying their eligibility and application for unemployment benefits with California’s Employment Development Department (EDD), which is responsible for administering unemployment benefits. Other clients had similar questions around their eligibility for stimulus payments, as well as how to track disbursements given the extended July 15, 2020 deadline for tax filing. Adding on to the concerns and worries around financial difficulties have been questions around basic sheltering needs even despite certain counties and cities around the Bay Area imposing moratoriums on evictions. CAIR-SFBA attorneys remain ready to provide guidance on how to navigate rent adjustments and delays.
In the meantime, the Department of Justice announced in the wake of the protests against police brutality and systemic racism that they would be utilizing the FBI’s Joint Terrorism Task Force (JTTF) to surveil, target, and criminalize protestors. While the First Amendment guarantees the right to protest and assemble, the FBI has a history of circling Black and brown communities fighting against injustice. We would like to warn our friends, allies, and neighbors of their rights when facing FBI harassment.
What Can You Do to Protect Yourself?
If you are approached by an FBI agent or a local police officer working with the JTTF, or otherwise, at your home or workplace, remember to exercise your rights:
- You Have the Right to Remain Silent. You are not obligated to answer questions from an FBI agent or a local police officer, absent a warrant signed by a judge. Your refusal to talk to an FBI agent or a law enforcement officer may not be used against you in a criminal investigation or a judicial proceeding for using the 4th Amendment as a shield.
- You ALSO Have the Right to Request an Attorney’s Assistance. Refuse to answer questions until you have had a chance to speak with an attorney. Even if you have already started talking, you can terminate a conversation or interrogation at any time. Tell the agent you do not want to answer any more questions without a lawyer present.
Simply put, you should say: “Can I have your business card? I would like to remain silent. I will have my lawyer follow up with you.”
If you or a loved one need assistance dealing with a protest-related arrest, questioning and/or harassment by federal or local law enforcement, please reach out to us through our incident report form. More generally, we recommend contacting our legal department at 408.986.9874 for personalized legal consultations.
Sincerely,
Ammad Rafiqi, Esq.
Civil Rights & Legal Services Coordinator