Preparedness
Making sure you're prepared for the authoritarian regime
With this administration illegally deporting immigrants and even those with permanent resident status, it'll only be a matter of time before they will start disappearing U.S. citizens who criticize the president or his policies. Criticism of an authoritarian government, such as what ours has become, may also become an issue if you travel outside of the U.S. and are trying to reenter the country. There's an even greater chance of this happening to you if you are a POC, LGBTQ+, speak with any accent, have ever been arrested, or have ever been identified as an organizer or even a participant of a protest, peaceful or otherwise.
Given the likelihood that arrests, deportations, or even exile from the U.S. could happen in the near future, it's important to be prepared and know what to do to protect yourself, your loved ones, and any data that might be used to incriminate you.
Let's concentrate on the data on your devices such as phones, computers, tablets and cameras. The Electronic Frontier Foundation (EFF) has lots of useful information on their website, but this section on Attending a Protest caught my attention.
https://ssd.eff.org/module/attending-protest
It mentions lots of precautions one can take before and during a protest to remain anonymous, and how to safely post photos of events without jeopardizing your privacy or those of others. (Remember how many of the 1/6 insurgents were found.) These precautions can also apply to those traveling internationally when returning to the U.S. and getting through ICE at the border or airport. I mention this because I have overseas travel planned in the future and I'm concerned about getting back into the U.S. when we return.
Whether you are a U.S. citizen, are a permanent resident, or have a visa for entry will determine what you can and cannot do. For U.S. citizens, the Fourth Amendment protecting against "unreasonable" search and seizure falls into a gray area when you are within 100 miles of a U.S. border. ICE agents do not need a warrant to search your devices when you enter the country. However, they do need probable cause, and if you question why your device is being seized and searched, they must provide you with a reasonable answer or you can refuse consent to the search on the basis of the Fourth Amendment for unlawful search and seizure, and the Fifth Amendment for self-incrimination.
Using some of the precautions from the EFF, and making your phone passcode protected and disabling all biometrics (fingerprint and facial rec.) makes your refusal more compelling. When they ask for the passcode, you can refuse. They can detain you for not cooperating, in which case, you should continue to ask why you are being detained, however, as a citizen, you legally cannot be stopped from entering the U.S. The same cannot be said if you are a permanent resident or a visa holder. If you have nothing to hide that would jeopardize your chance of entering the country, submitting to a search might be your only option.
Other precautions you should take:
Encryption is your friend. Encrypted data on your phone is next to impossible to recover without your passcode. Using strong encryption on your phone, tablet, or computer data is highly recommended and the instructions on how to do this are on the EFF site.
Use encrypted communications such as Signal anytime you are concerned about privacy. You can even go a step further by enabling Disappearing Messages, so that after a set time, messages are removed from your device after viewing them.
If you are concerned with surveillance, consider getting a prepaid, disposable phone, or burner phone as they're known, to have untraceable conversations. The EFF site discusses this as well.
Always carry identifying papers that will prove your citizenship or right to remain in the U.S., such as a passport card, green card, or foreign passport with the appropriate visa. According to the 5th, 6th, and 14th Amendments, you cannot be detained without due process, both at the federal and state levels. This includes being told why you are being detained, and having access to counsel. These rights apply regardless of your citizenship.
The fact that this administration has flagrantly violated the above Amendments in particular and the Bill of Rights in general should be seen as a slide into authoritarianism, and stripping people of their rights. If you feel you are being detained without due process and you are in public, comply, but don't go quietly. Speak up loudly so bystanders can hear, stating your name and that you are being unlawfully detained. There's a very good chance someone will record what is happening. At the very least, someone may be able to inform a loved one of your whereabouts before you get shipped off to a Salvadoran slave-labor prison.
Continue to resist and stay safe.
This post is crossposted to friends only on my Facebook account.
Disclaimer: Although I've checked online, I'm not a lawyer, and everyone's situation is different, so you should check to make sure all these protections apply to you and that you aren't breaking any state or local laws.