What To Do If Confronted By ICE

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The Find Out Podcast 54 min 5 speakers 8 chapters transcribed
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What should I know about my rights when confronted by ICE?

Tim 0:17
Hey, everybody. Welcome back to the find out podcast. We've got today. You've got Tim, me. You've got Rich. You've got Zach. You got Luke. And we have a special guest because we decided we kept talking about all this legal stuff that we should actually bring on somebody that knows something about the law. So we have a we have Eliza Orleans, who is a 15 year public defender in Manhattan. And also was on not one, but two seasons of Survivor, season nine and season 16. So, Eliza, thank you for joining us.
Eliza Orlins 0:49
Of course, I'm so happy to be here with you. I mean, this is always a fun time when we're together.
Tim 0:55
Yeah, we all know each other from the sort of, I'll say the creator, I can't say influencer, the creator world and everything. So it's nice to finally talk in public. So Eliza, so basically just confirm everything that ICE is doing is perfectly legal and we're all overreacting and we don't have to worry about this, correct?
Eliza Orlins 1:10
Oh, yeah, sure.
Tim 1:11
Yeah. So walk us. Let's just talk about this. There's actually nine people, I believe, that ISIS now murdered. There's some some debate online because people have been focusing on Renee Good and and Alex Pretty.

How can I legally record law enforcement activities?

Tim 1:29
But there are actually seven others. And we want to make sure that that is clear, too, that we are not sort of, you know, whitewashing because the reality is the other seven are mostly people of color. So we want to make sure it's not two. It's nine.
Eliza Orlins 1:40
Not to mention the folks who've been murdered in detention facilities.
Tim 1:47
Right, right. So trying to figure out the best way to start this off, but let's talk about the Alex Pretty one, for example, because we have the video footage of that. Again, we're going by video, so no one was there. So there's the caveat there. But from your perspective, did he do anything illegal?
Eliza Orlins 2:07
No. I mean, and I think like my perspective is not even a legal one necessarily. I think, you know, this is something that we are so lucky that there are brave people like the woman who was in the pink jacket who recorded the entire thing very clearly. And actually, I just watched her interview this morning with Anderson Cooper on CNN where she is speaking out and saying, hey, I was scared. I was terrified.

What actions can I take if I witness an ICE operation?

Eliza Orlins 2:33
But I knew that it was really important for me to keep recording despite my fear, because this is how we get this information out there and make sure they can't just lie about what happened. And even with the clear video, of course, we see, you know, DHS, Kristi Noem, the entire administration trying to lie about what actually happened.
Tim 2:56
Yeah, I mean, they actually made up stuff, right? It came out yesterday that Stephen Miller apparently dictated Kristi Noem's original statements in which she referred to him as, I think, a domestic terrorist. Domestic terrorist and assassin. He was coming with a gun to an assassin, which then obviously turned out to not be true. He never pulled the gun. In fact, ICE had taken the gun from him before they shot him, I believe, 10 times. Yeah, go ahead, Eliza, go ahead.
Eliza Orlins 3:25
No, I mean, it's absolutely insane because I think what people don't realize is you have the absolute right to film law enforcement. It is your First Amendment right. Like, you cannot... I mean, you certainly can't be executed for it. Even if you're committing a crime, allegedly, you can't be executed without due process and a trial and a conviction, and we don't even have the death penalty in most states. I mean, there's so... There's so few things that would require someone to be executed. But like these extrajudicial executions that they are committing out on the streets in public for not even committing a crime. It's just it's beyond anything I can could possibly.
Unknown 4:07
Well, and they throw out the term domestic terrorist as if that's like an exception. So since you work in the legal field, could you just give us a quick legal definition of a domestic terrorist?

What are the implications of ICE's administrative warrants?

Eliza Orlins 4:20
Oh, my gosh, the legal definition of domestic terrorist. It's like there I mean, there is obviously like a complete like.
Zach 4:30
Sure.
Eliza Orlins 4:30
Definition under the law as to what that means.

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