Know Your Rights While Protesting ICE
3.11.2026
Being cautious, aware, and knowing the law are key to keeping out of legal trouble during an immigration protest.
A recent New York State Bar Association CLE focused on how bystanders and protesters can follow the law while expressing their dissatisfaction with U.S. Immigration and Customs Enforcement.
The speakers were:
- Molly Biklen, legal director of the New York Civil Liberties Union.
- David Satnarine, executive assistant district attorney for immigration affairs at Kings County (Brooklyn) District Attorney’s Office.
- Isaac Wheeler, immigration specialist attorney at Federal Defenders of New York.
Karin Anderson Ponzer, director of legal services at Neighbors Link Community Law Practice, served as moderator. More than 700 people attended the program.
“I am far from sure that obeying the law makes you safe from federal arrest,” said Wheeler. “I have seen plenty of video of what looks to me like federal agents over-enforcing whichever laws they believe they’re enforcing in response to what does not look – to me – like unlawful activity.”
Wheeler and Biklen emphasized that protesting comes with risk and it is up to individuals to determine their own personal risk tolerance.
“It’s amazing to see people enforcing their rights both in the streets and in the courts,” said Biklen. “I think [that has] actually changed some of the worst practices that we have seen in the light of so much carnage in Minneapolis.”
On Jan. 7, an ICE agent shot and killed Renée Good in Minneapolis, sparking protests in the city and all around the country. The administration had deployed thousands of federal officers to Minneapolis and the surrounding region before the killing. On Jan. 24, another Minneapolis resident, Alex Pretti, was shot and killed by U.S. Customs and Border Protection.
Nevertheless, citizens who choose to protest can still take precautions, like staying in a public space.
“Generally, your protection is in the traditional public forum,” said Biklen. “Streets, sidewalks, public parks – places that are not in private [and] generally not inside is a rule of thumb.”
As for recording the immigration enforcement actions, the speakers suggest keeping a safe distance from ICE officers to avoid being charged with interference or endangerment.
“We generally recommend being at least 15 feet away,” said Biklen. “And if you’re ordered to back up, determine with respect to your safety whether that is something you need to do.”
Satnarine said that in a situation where local police are sent to create a barrier between ICE officers and protesters, it is possible that protesters can be charged for injuring or interfering with an officer.
“Even if you don’t mean to hurt them or cause physical injury, if physical injury occurs, that is a felony assault under New York law,” said Satnarine. “We have seen some prosecutions of that – even downstate – related to protest.”
The speakers said that while the federal government has been much more aggressive in pursuing cases against protesters, the law generally is on the side of free speech.
“This is all core First Amendment activity,” said Biklen. “These common bystander activities. There is no question that the First Amendment protects peaceful protest in a traditional public forum.”
The webinar was sponsored by the New York State Bar Association’s Committee on Civil Rights and Committee on Immigration Representation. View the full program here.
