Advisory on Law Enforcement Visits to Palestine Activists
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In 2018, Palestine Legal issued an advisory and an update regarding FBI visits to Palestine activists. Given reports we have heard of activists being questioned by the FBI and local police amid this year’s popular uprising for Palestinian rights, we wanted to reissue this information for our community and share new and updated resources from the National Lawyers’ Guild and the Center for Constitutional Rights.
State surveillance of social justice movements is not new; it has been used to intimidate activists both historically and in the current climate.
Law enforcement visits have occurred at homes, offices, and colleges
People have reported that they’ve been contacted by law enforcement in person at their homes, workplaces, and colleges, as well as by telephone.
We advise individuals to not speak to police without a lawyer present. Tell the officers that you will have your lawyer contact them. Remember not to let law enforcement into your home unless they have a valid warrant.
If police or FBI agents knock on your door:
Do not answer any questions. You have a constitutional right to remain silent, and you should exercise it.
Do not let them in your house/apartment. Step outside and close the door behind you. Or talk to them through the door (preferable). Only give them permission to enter if they show you a warrant signed by a judge that accurately lists your address and apartment number.
Say, "Please leave your business card, my lawyer will call you." Repeat it over and over and over again, no matter how nice they are. Do not say anything else. You do not have to inform them who your lawyer is.
Do not answer any questions. If it makes sense for you to do an interview, your (free) lawyer will help you with that!
Never lie, about anything. Even a white lie, or a harmless lie. It can be a federal crime to lie to an FBI agent.
Share this with your roommates, parents, and any others who might open the door on your behalf, and make sure they understand what to do.
Do not answer any questions.
If you or another member of your household mistakenly lets an agent in or starts speaking with them, end the conversation and tell them you have nothing more to say, that your lawyer will contact them, and that you’d like them to leave (unless they present a warrant).
Get in touch with Palestine Legal as soon as possible.
The best response is to react with confidence that you know your rights, not panic.
For more info, check out these resources:
If an Agent Knocks, Center for Constitutional Rights
You Have the Right to Remain Silent, Know Your Rights Guide, National Lawyers Guild
Law enforcement agents conduct online research prior to questioning activists
In the past, we have received reports that suggest that the FBI relies on information available online when they receive a tip about an individual, and that agents base their decision on whether to contact an activist for follow-up questioning partly on the information they find online about the individual or groups with which they are affiliated.
In at least two of the visits reported to us in past years, the agent relied on false allegations published on fringe websites or by right-wing anti-Palestinian activists. Read about one example, where an agent showed up with a Canary Mission printout, here.
In a third, the agent’s questions mirrored false allegations made by right-wing extremist David Horowitz in a mainstream outlet.
People have also reported to us that FBI agents were familiar with their social media activity, even when privacy filters were used. We encourage all activist to educate themselves about digital security and tools they can use to protect themselves.
If you have legal questions related to your Canary Mission profile or other false accusations on the internet, please contact us.