Celebrating One’s Existence is a Form of Resistance

From the vibrant parades of Pride and Hispanic Heritage Month Celebrations to the rich traditions of Lunar New Year, Diwali, and Juneteenth, cultural celebrations are more than just joyous occasions; they are profound acts of resistance. Amid the vibrant music, colorful attire, and communal festivities lies an assertion of identity, belonging, and resilience.

These celebrations affirm communities enriched by their heritage, ones that thrive despite societal challenges. However, in today’s climate, it’s important to not only enjoy such events but also to be informed and prepared, especially in the event of interactions with law enforcement or immigration officials. This blog equips you with knowledge about your constitutional rights and the practical steps to handle encounters with law enforcement while honoring your heritage with confidence.

Howard County’s Liberty Act: Local Protections

If you are attending a festival or celebration in Howard County, Maryland, you benefit from special legal protections under the Liberty Act, a county-specific law. This means county employees—including police, public school staff, parks staff, correctional workers, and firefighters—cannot inquire about, disclose, or discriminate based on immigration status. This provides a safer and more inclusive environment for all residents and visitors during public cultural events in Howard County. If you have an emergency, all, regardless of status, are safe to call 911, knowing that Howard County police, firefighters, and others will come to your aid.

While this act does not extend statewide, it is a vital safeguard for festivalgoers in Howard County’s public spaces.

Empowering Yourself: Knowing Your Rights

In the United States, constitutional rights apply to everyone, irrespective of immigration status. Two critical amendments to remember are the Fourth Amendment (protection against unreasonable searches and seizures) and the Fifth Amendment (the right to remain silent).

The Fourth Amendment: Protecting Your Space

The Fourth Amendment to the U.S. Constitution protects everyone—regardless of citizenship status—from unreasonable searches and seizures by government officials, including law enforcement and immigration authorities like ICE. When attending a festival or celebration in a public space, it’s important to understand what this means for you:

  • Freedom from Unreasonable Search: Law enforcement officers, including ICE agents, cannot stop, question, search, or detain you without “reasonable suspicion” that you have committed, are committing, or are about to commit a crime. Being present at a public event, celebrating your heritage, or speaking Spanish does not meet this standard.
  • Requirement for Warrants: Officers generally need a valid warrant signed by a judge to conduct searches of your person, belongings, vehicle, or other property. The warrant must specifically name the person or area to be searched. You have the right to see the warrant and verify that it is properly filled out. Learn more about judicial and administrative warrants here.
  • Detentions and Arrests: Law enforcement may briefly stop and question you only if they have a specific and reasonable suspicion of illegal activity. For an arrest or a full search, officers must have “probable cause.” Simply attending a cultural event or being in a park is not sufficient reason for detention.
  • Right to Remain Silent: You have the right to remain silent. If you are approached by law enforcement and feel uncomfortable answering questions, you may state, “I am exercising my right to remain silent,” and ask if you are free to leave.
  • Refusing Consent: You do not have to consent to a search of yourself or your belongings. If an officer asks for your permission to search and you say no, that cannot be used as a reason for a search. Clearly state, “I do not consent to a search.”

Key Points to Remember at Public Events

  • Respectful participation in cultural celebrations is not a crime.
  • You cannot be singled out or searched based on race, ethnicity, or language.
  • You can always ask, “Am I free to go?” If the answer is yes, calmly walk away.
  • Document any interaction if you feel your rights are being violated, but do not physically interfere. Learn more about S.A.L.U.T.E. when documenting incidents, below.

By knowing your rights under the Fourth Amendment, you can participate confidently in public events and protect yourself and your community from unlawful enforcement actions.

Remember, you must clearly and calmly state: “I do not consent to a search.”

You can also show them a Red Card, which communicates this for you without you having to speak. By refusing consent, you are not being uncooperative; you are exercising a constitutional right. This action forces the officer to either stop the search or justify it under a different legal exception—which is their burden to prove, not yours.

The Fifth Amendment: Protecting Your Privacy and Power of Silence

While the 4th Amendment protects you from unreasonable searches, the 5th Amendment gives you another powerful tool for protection during encounters with law enforcement: the right to remain silent. This constitutional right ensures that you cannot be forced to be a witness against yourself. Like the 4th Amendment, this protection applies to every single person in the U.S., regardless of their immigration status.

When you are at a public gathering, such as a Hispanic Heritage Month festival in a public space, and are approached by an ICE agent or police officer, here’s what your 5th Amendment rights mean for you:

  • You Have the Right to Remain Silent: If an officer begins to question you, you do not have to answer. This is especially important for questions about your immigration status, where you were born, how you came to the U.S., or your personal life.
  • How to Use This Right: To exercise this right, you must state it clearly. A simple, polite, and firm statement like, “I am exercising my right to remain silent,” is all that is needed. After stating this, you should not answer any further questions.
  • Silence is Not an Admission of Guilt: Choosing to remain silent cannot be used against you as evidence that you have done something wrong. It is a fundamental right designed to protect you.
  • The Right to Due Process: The 5th Amendment also guarantees “due process of law,” meaning the government must follow fair procedures. If you are ever detained, this right ensures you have the opportunity for a hearing before an immigration judge. By remaining silent during an initial encounter, you protect your ability to have your case handled through the proper legal channels, rather than having your own words used against you on the spot.

Key Actions to Take:

  • State Your Intention: Clearly say, “I wish to remain silent.”
  • Don’t Answer Questions: This includes seemingly friendly or informal questions.
    • Note: Plain clothes officers may exist at public gatherings to create a various types of problems so be careful who you speak to but it best to not discuss private matters about yourself or others to be safe.
  • Do Not Lie or Provide False Documents: While you have the right to be silent, you do not have the right to lie to a federal officer or provide fake papers. This is a separate crime with serious consequences. It is always safer to say nothing at all.
    • Important side note: ICE can lie to you and ICE will lie to you. Learn more about ICE Ruses and their training tactics, here.

Exercising your 5th Amendment right is not about being uncooperative; it is about protecting yourself. By remaining silent, you prevent your words from being misinterpreted or used against you and ensure that your case is handled within the formal legal system, where your rights are most protected.

Empower yourself by practicing these vital statements:

  • “Am I being detained, or am I free to go?”
    • If you are not being detained, calmly and confidently walk away.
  • “I don’t want to talk to you without a lawyer.”
    • The moment you are detained or feel pressured, assert your right to silence and request a lawyer always.
  • “I do not consent to any searches.”
    • Clearly communicate your refusal to consent.
  • “Where’s your judicial warrant?”

Never lie, resist, or flee from law enforcement. Always stand firm with calmness and respect while asserting your rights.

How to Report an Incident Clearly: Remember S.A.L.U.T.E.

If you witness an interaction or incident that you need to report, providing clear, detailed information is crucial. A simple and effective tool used by military and law enforcement to ensure accurate reporting is the acronym S.A.L.U.T.E. As a witness, you can use this framework to remember and relay the key details of what you saw.

S.A.L.U.T.E. helps you structure your observations for a clear and actionable report:

  • S – Size: How many people and/or vehicles were involved?
  • A – Activity: Describe exactly what was happening. What were the people doing?
  • L – Location: Where did the event take place? Be as specific as possible, using street names, landmarks, or cross-streets.
  • U – Uniform/Unit: What were the people wearing? Note any distinguishing features like uniforms, logos, patches, or specific types of clothing.
  • T – Time: What time and date did you observe the activity?
  • E – Equipment: What items did you see? This could include vehicles, weapons, cameras, or any other notable objects.

By mentally running through S.A.L.U.T.E., you can organize your thoughts and provide a comprehensive report that helps authorities understand the situation clearly.

Resources for Immigrant Communities

Red Cards (now in 49 languages!)

Red cards provided by the Immigrant Legal Resource Center (ILRC) are physical resources that explain your rights in easy-to-understand language. Available in over 40 languages, they are a crucial tool during encounters with ICE or law enforcement. Visit ilrc.org/red-cards-tarjetas-rojas to download or learn more about their use them at public events.

Responding to Hate Crimes or Bias Incidents

The Maryland Attorney General’s Commission on Hate Crime Response and Prevention provides support to anyone who believes they have experienced hate crimes or bias incidents. These can be reported at 866-481-8361 or through the state portal located at nohomeforhate.md.gov. In emergencies, call 911 immediately. Police in Maryland are also trained to identify hate crime and hate bias incidents but

The Power of Celebration as Resistance

Attending cultural festivals and celebrations is a brave and beautiful affirmation of identity, especially in times of adversity. Armed with knowledge about your rights, you can fully enjoy these festivities while fostering a sense of community and resilience. Let your voice, culture, and traditions shine as you stand united with your community. Celebrate with confidence, but stay informed and prepared.

To learn more about your rights, check out the following:

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized assistance, consult with a qualified attorney.