BROOKLYN, NY (TIP): David Secular is a defense attorney in New York City with over 30 years of experience. He has specific expertise in the courtroom process and the law, particularly regarding immigration issues. Here, he is adding insight regarding the risks that protesters face, particularly if they are non-citizens.
According to David Secular, any protester puts themselves in harm’s way or risks unlawful arrest because they are viewed as obstructing the administration of justice. They are often harshly detained until an arraignment and must respond to criminal charges, which are unlikely to withstand judicial scrutiny. Secular also notes that when it comes to non-citizens, particularly those who are permanent residents, the charges can be far more severe.
“An arrest by federal law enforcement, even for permanent residents with a green card who have lawfully lived and worked in the United States for decades, can trigger deportation,” he explained. “If the arrestee is undocumented and turned over to ICE, deportation will loom even if the charges are dismissed.”
For American citizens and those hoping to become citizens, Secular details five crucial warning signs to be aware of before attending a protest:
- Listen to Law Enforcement: If law enforcement gives you instructions to stop your activities or leave the area, it is critical to comply with those instructions to avoid arrest or charges.
- Make Immigration Status a Priority: As a non-citizen, your current and future immigration status, as well as your visa applications, could be affected if you are arrested, charged, or convicted while participating in a protest.
- No Need to Answer to ICE: If questioned by ICE (Immigration and Customs Enforcement), you are not obligated to answer questions or provide information about your immigration status.
- Know Your Rights: If you are detained, remain silent. If you choose to speak to the police, what you say can be used against you. Request a lawyer immediately.
- Your Home is Still Your Temple: If INS (Immigration and Naturalization Service) or law enforcement officials try to enter your home after your release, do not open the door unless they have a judicial warrant. This is based on the Fourth Amendment, which protects individuals from unreasonable searches and seizures.
About David Secular
Born in Brooklyn, New York, David Secular grew up in New Rochelle with parents who ensured he kept his feet firmly on the ground, rather than chasing a basketball. A dual U.S. and U.K. citizen, Secular attended the London School of Economics and graduated from New York University School of Law. He has spent his career as a criminal defense attorney and legal writer, having tried and argued cases in federal courts throughout the United States, as well as in the state courts of New York. He has appeared and prepared appellate briefs that have been heard before the U.S. Supreme Court. He has crossed paths and been involved in numerous notable cases with legendary counsel, such as William Kunstler, and presided over by renowned jurists, including Jack Weinstein.
Secular is also the author of the novel A Hate Crime in Brooklyn (Central Park South Publishing; ISBN-13: 978-1956452648). If you interview him, please reference his book in the credits.
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