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The November vigil at the gates of Fort Benning brings together diverse social justice communities, including people who don't have U.S. citizenship and their allies. Through it, we hope to have an impact on our history, to close down the SOA/WHINSEC and to change U.S. foreign policy. But like other historic events, it is not without risks, especially for people without U.S. citizenship and other particularly vulnerable participants.

This document is intended to make you aware of some of the risks that will be faced by immigrants, particularly those who are undocumented, participating in the November vigil. This is not a comprehensive document, nor is it intended to provide legal advice. If you have any doubt about your particular situation, check with an immigration attorney or adviser before you leave for Columbus, Georgia.

If you are a not a U.S. citizen, you face enforcement issues and must make practical choices almost every day. This practical experience and your common sense are the best guides when deciding whether to participate in the November vigil to close the SOA/WHINSEC.

Participation will expose you to some additional risk of immigration enforcement whether you are a documented immigrant or undocumented. It is impossible to know in advance what the chances are of you running into this problem.

As a matter of principle, SOA Watch organizers will not ask or check your citizenship or immigration status. You are the only person who will know your particular immigration situation and be able to assess the risks.

Because of the particularly great risks faced by undocumented immigrants, some of which are described in this document, we urge that anyone in this situation think very carefully before participating. Note that if you have a final order of deportation or removal, an outstanding arrest warrant even for something as minor as unpaid tickets, or if you've been arrested or convicted in the past, even if you've already completed your sentence, then your risks are even greater. Also note that there are even more restrictions on release from detention for undocumented youth under 18 years of age traveling without a parent or legal guardian than for adults.

You, and you alone, can determine whether the risks you are taking are worth your participation.

What are some of the risks of traveling in general?

Most immigrants have a general sense of what is and is not safe. The risks increase when traveling because of not being familiar with the local practices and risks, the increased immigration enforcement around the country during the past year or so, and from any publicity generated by the protest.

Risks of using false or expired documents to travel.

What are the special risks of traveling by land?

Undocumented persons will be highly vulnerable if a vehicle is stopped or participants are otherwise detained by law enforcement or by the Department of Homeland Security. Law enforcement personnel are not generally permitted to stop a vehicle unless they have a reasonable suspicion of illegal activity, but "pretextual stops" for minor infractions such as burnt out tail lights or expired tags are very common. Generally, if you are undocumented, you can be arrested and deported even if the stop is later determined to be unlawful.

Persons who are not U.S. citizens are required by law to carry identification documents and proof of lawful status, and can be fined $100 and jailed for 30 days for failing to do so. U.S. citizens have no similar requirement. Everyone, citizen or not, has the right to remain silent. However, this silence (unlike in criminal law) may raise the suspicion that you are undocumented and lead to your detention until you are identified and determined to be legally present in the U.S. Undocumented persons should consider not answering questions regarding immigration status until an attorney is present. While remaining silent may not prevent your detention, it could prevent your deportation if ICE has no other evidence of your immigration status.

Safety Considerations If Traveling by Land

If you have decided to participate in the November vigil and will be traveling by car, van or private bus, here's a checklist to review before you travel:

1. Check the car you will be using for visible safety violations such as broken headlights, burnt out lights, smashed mirrors, expired registration, etc (if they cannot be fixed on time, do not drive that car).
2. Make sure you have at least one cellular phone with sufficient battery power or an auto power adapter for each vehicle.
3. Give your cellular phone number to key people at home and to the event organizers.
4. Talk to an attorney at home who you know and trust so that he or she can be on call in case of unexpected problems, and make sure to provide that attorney's contact information to your family or close friend in case you should need any legal assistance. If you have contacted such an attorney, give the contact information to your lead organizer.

Immigrants traveling by land should be aware that some local police departments aggressively enforce traffic laws against those they suspect of being undocumented immigrants as a pretense for investigating immigration status. You should not travel significantly above the speed limit or otherwise call attention to your vehicle. In some areas, tinted glass that prevents police from seeing clearly into a vehicle is also illegal. Do spend some time with all other travelers to review together and discuss the attached know-your-rights information, in case you are stopped.

Traveling by Commercial Bus or Train

Officially, neither Greyhound nor Amtrak require proof of citizenship to either purchase tickets or board. They require photo ID only if you are paying by credit card. ICE has been known to board buses and trains to ask passengers for their immigration papers. The same rights to remain silent, make a phone call, etc. apply in these situations.

What are the special risks of air travel?

ID requirements.
Typically, a current photo identification that was issued by some level of government will be sufficient. For example, driver's licenses, state ID cards, military ID cards, and US or foreign passports with valid visas are acceptable, but photo identification issued by a school or private employer is not acceptable. For a domestic U.S. flight, if you do not have an appropriate photo ID, some airlines allow you to substitute two non-photo IDs that are issued by some level of government. When in doubt, check with the airline.

It is extremely risky to use foreign-issued ID (for example, consular ID’s such as the matricula) for air travel without a proper US immigration document.

Sweeps and Raids
In addition to the ID requirements, there has been an increase in sweeps and raids in airports, so that undocumented persons are at greater risk than before. You might have heard about "Operation Tarmac", "Operation Return to Sender" or other similar raids in the news. These have generally targeted airport employees, but sometimes undocumented passengers have also been affected. The mere presence of the immigration and other law enforcement agents is reason for concern for passengers. In addition to the raids, there has been at least one airport, Los Angeles (LAX) in which immigration agents have randomly approached persons who "look like" immigrants to ask for their papers, and have detained passengers and placed them in deportation/removal proceedings.

Further information about airline travel may be found at the following government link: Click Here

Carry-on Items
Airport personnel are more sensitive than ever to carry-on items. Do not carry any bottles, sprays, box cutters, knives, razors, laser pointers, electronic devices, etc.

We have heard of situations where something as innocent as a Game Boy caused alarm and concern at airport security checkpoints. Consider avoiding travel with items that you think might draw unwanted attention.

Considerations If Traveling by Air

1. Travel in a group and designate one person without document issues to serve as a liaison to all government employees.
2. Consider obtaining a valid foreign government issued passport. A valid passport generates less suspicion than a Consular ID.

Issues Particular to Youth
If youth/minors are traveling with an organization or as part of a group’s delegation, consider having the parents sign a consent form and liability waiver. This could make it easier for the group leader to intervene on behalf of the youth/minor, as well as avoid additional complications due to traveling without parents.

Safety Consideration in Columbus, Georgia
The organizers of the November vigil to close the SOA hope, expect, and are planning all events in Columbus, Georgia to be completely peaceful. Nevertheless, not everything will be under the control of the organizers, particularly if counter-demonstrations develop or if local law enforcement is unreasonably aggressive. Being close to the fence of the Fort Benning military base when civil disobedience is taking place can also result in arrests. Such activities could lead to arrests of participants for a variety of infractions such as trespassing, obstructing justice, or other related and more serious crimes.

If you are an undocumented immigrant and are arrested for such infractions, you may face deportation. If you are here legally but are not a U.S. citizen, such an arrest can also have severe immigration consequences up to and including eventual deportation. Whether it would have this effect in your particular case depends on what they accuse you of and on numerous other factors.

Security and Press Coverage Once In Columbus, Georgia
Some portions of this event will be covered by the press, and media exposure can be risky for undocumented immigrants, particularly those coming from small towns:

1. You may come to the attention of immigration authorities or others who wish you harm if your real name is used and you are identified as an undocumented immigrant -- this is not a common occurrence but it has been known to happen, particularly to persons who live in small towns where they may be seen and recognized.
2. If your photo is identified as that of an undocumented immigrant, even without your name, you may be recognized. Again, this risk is greatest for persons who live in small towns.

While media exposure is difficult to control, in some situations, such as workshops, media can be advised to refrain from taking photos or film showing people's faces or using real names in their news stories.

However, in many instances, media exposure can also be an effective way to organize and protect undocumented immigrants, using public pressure.

Tips- People with immigration issues should be prepared by their organizations on how to talk to press (what information to reveal and how, what information not to reveal). Also an organizer should always oversee the appropriateness of media interviews with such people.

PLEASE BE SURE TO REVIEW THE "Checklist for Vigil Participants." View the online version HERE

Know-your-rights materials in various languages can be found at:

http://www.nilc.org/ce/ceindex.htm#know-rights
http://archive.aclu.org/library/know_your_rights.pdf
http://www.nlg.org/resources/know_your_rights.htm

This document is intended to provide you with general and accurate information about some of the risks and consequences of certain options, as well as practical suggestions for participants of the November vigil to close the SOA. This document is not intended to provide legal advice, and should not be taken as legal advice. The organizers and sponsors of this event are not responsible for any use to which this document is put. Do not rely solely on the information contained in this document without consulting an attorney or the appropriate agency about your legal rights in your particular situation.

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ADDITIONAL DRIVING INFORMATION ALONG NORTHEAST

This information was compiled by volunteers for DRUM- Desis Rising Up & Moving from web research and conversations with several national immigration advocacy organizations who track immigration enforcement.

NORTHEAST DRIVING SECURITY MEASURES

Since the November vigil will bring thousands of people to Georgia, the highways & freeways may be highly enforced by police / state troopers. Be familiar with the suggestions below prior to driving.

Rules:
1. CHECK VEHICLE
- All drivers/co-pilots must check vehicle for working lights (Front and back), expired registration, broken mirrors.
2. DESIGNATE CO-PILOTS
- Incharge of map/GPS navigation.
- Checking in with driver whether she/he is doing ok
3. BE ALERT
- If you start feeling tired, don’t push it! It’s ok to switch drivers.
4. MAINTAIN THE SPEED LIMIT
- Watch out for speed traps (Areas where speed limit drops substantially)
- Watch out for construction areas (Speed limit usually drops to 45 mph)
- As a general rule, respect all traffic laws including passing, signaling when turning,
5. DO NOT TALK ON CELL PHONE/ TEXT MESSAGING WHILE YOU ARE DRIVING
- Leave any talking to your co-pilot.
6. DO NOT FORGET DRIVER’S LICENSE
- Make sure it has not expired
7. REVIEW AND BE FAMILIAR WITH PLANNED ROUTE THE NIGHT BEFORE

TIP: It may be very worthwhile to buy a GPS program in order to track your position while on route. A GPS system helps navigate through areas that are unfamiliar. A recommended program is “Street & Trips 2007 with GPS Locator.” It is also recommended that you spend a couple of hours getting use to the program, it is very simple to use.

This program runs on a lap top so you will also need a converter that plugs into the lighter socket and is a AC outlet (Plug). Thus, you will not have to worry about your laptop running out of battery.

COST:
Program: $89.99
Converter: $50.99
Tax: $11.81
TOTAL: $152.79 @BestBuys

Routes to Avoid in the Northeast:
1. Avoid the West Virginia Panhandle between Ohio and Pennsylvania. The two highways to avoid in that area are I-70 and I-80. It is recommended that East Ohio and Western Pennsylvania be avoided through I-70 and I-80.
2. Avoid I-85 through North Carolina, especially through the following counties:
- MECKLENBURG County. Do not stop in this county. Sheriff's Office working with ICE, espcially in prisons.
- GASTON County Law Enforcement is working with ICE under a Memo of Understanding (MOU). We strongly recommend that you not stop in this county.
- ALAMANCE County working with ICE under MOU. We strongly recommend that you not stop in this county.

3. AVOID TRAVELING THROUGH RALEIGH, NC
- Under Operation Cross Check on April 2007, the sheriff’s department began stopping people to check for DWI drivers in order to check their immigration status. 40 people have been detained.