Communicating Daniel

by Manny Rivera

Daniel wears jeans and sweatshirts, likes hanging out with his brother Tony and his son Daniel Jr., and wants to provide for his family. He’s as American as any other 24-year-old in Seattle, perhaps save for where he spent the first few years of his life. Daniel was born in Mexico and brought across the border when he was a young child.

But the United States government calls him an “alien,” justified detaining him by calling him a gang member, and thrust him into the center of a national drama about what it means to be American, the rule of law, and the limits of freedom.

For the past two months, RALLY has been collaborating with a pro bono team of attorneys from Public Counsel, Gibson Dunn, and the Barrera Legal Group on a case to free Daniel Ramirez Medina, the first “DREAMer” — someone permitted to work and live in the United States under the DACA program — to be unjustly detained by Immigration and Customs Enforcement (ICE).

Building effective litigation communications campaigns is complex, messy, and often emotional — especially in cases like Daniel’s. Translating motions, declarations, and orders into an engaging narrative that captures the attention of the media and inspires their audiences doesn’t come easy. But through years of work with high profile attorneys on high profile cases, we’ve built up a level of expertise that empowers us to do just that. These are our lessons learned.

Build a narrative, don’t just place stories.

Every part of the legal process is an opportunity for a story. But we know that we’re not just trying to place a story, or even a bunch of stories. We are building a narrative — who is Daniel? Why is his story important? How does his story fit into the political and policy stories that will surround his in the coverage? How should people evaluate it, and what can or should they do about it? With this in mind, we approach litigation communications like we would any other communications challenge with rapid response moments — we have a long range plan, cultivate content that serves the narrative, and look past today’s story to the next five stories we need.

For example, Daniel spent his 24th birthday in detention — it’s not “news” or a breaking legal development in the case, but it’s relevant to the narrative and the story. It’s relatable. It reminds your audience that beyond the immigration policy debate, he is a young man who has birthdays, just like they do.

With every opportunity and moment, we make choices against the imperative to tell the true story of who Daniel is and the narrative about what this case is really about.

Remember that the press is not a monolith.

In this instance, we’re building a narrative that has to appeal to different sets of reporters and their own unique audiences. Those who regularly cover the legal beat are up to speed on the nuances of the system, the process, and the rules of civil procedure. Many of them are attorneys. They’re expecting each new filing and will have complex questions about the state of play and legal strategy. To keep their attention — and ensure that your client gets a fair shake in their stories — you better come prepared with answers.

But in major cases with enormous potential human impact and political relevance like Daniel’s — the ultimate outcome could determine the fate of 750,000 DREAMers — we aren’t just dealing with seasoned legal reporters. General assignment reporters are also on the case, and often aren’t familiar with the rules and customs of the courts. Our role as a resource — able to provide context and background on process and procedure at every twist and turn — helps make their jobs easier, and their stories better and more informed.

Use assets to reinforce the true narrative.

It’s important to remember that you’re building a narrative over time. Dumping every adorable photo, humanizing anecdote, or endearing piece of content about our client at the first opportunity might be tempting — and reporters are always hungry for more — but it can leave you empty handed later on.

These are cases over the long haul, with many critical moments for press coverage. Dole out what you’ve got over time, so that every piece builds the narrative.

Even items that may not seem newsworthy and aren’t likely to make it into media coverage — such as a funny photo of Daniel with puppy Snapchat filter or an adorable baby picture two decades old — can help add a human layer. The government wants the media to accept their frame of Daniel: a jumpsuit-wearing man in detention. But showing the press that he’s a young father with a sense of humor challenges that frame and reinforces the true narrative — even if the photos themselves don’t show up in print.

In other cases, it’s important to hold items for strategic release. For example, in a filing, the Department of Justice released a photo of Daniel’s arm with his tattoo hidden under a black box, alleging that it was evidence of affiliation with a gang. We had an unreleased photo of Daniel’s actual tattoo — an innocuous image of a nautical star and the capital of Daniel’s birth state, in no way related to a gang. Having the tattoo photo available, backed by expert declarations submitted in court filings, allowed us to challenge the government’s accusations in real time.

By providing clear evidence that refuted the misinformation from the other side, we’ve been able to both cultivate strong relationships with reporters and reinforce the strength and credibility of Daniel’s case. A double win: cementing an accurate picture of who Daniel is, as well as our role as a trusted resource for press.

Use social media and real time information to make dry proceedings exciting and accessible.

We used the hashtag #FreeDaniel on social media to create a drumbeat of information about the legal proceedings, how Daniel was faring, and details important to the narrative like the birthday he spent in detention, isolated from his family. We used it to translate what was happening in the courtroom into relevant points directly accessible to the public that could support and layer on what they were reading and hearing in the media.

Importantly, the hashtag itself is messaging. #FreeDaniel is a declaration of injustice rather than a process or policy declaration, and it reinforces the narrative that the government is unlawfully detaining an innocent young man — a man who has a legal, reasonable expectation of freedom.

First-person voice is your friend.

Daniel was locked in a Tacoma detention facility, shielded from the public and media for 46 days, so there were no opportunities for him to physically speak out for himself. And while sharing personal anecdotes from family and friends is a useful legal tactic, stories buried deep inside declarations filed with the court aren’t so appetizing for reporters trying to cover the human angle of your story.

In this case, we placed a high profile op-ed from Daniel. There was nothing “newsy” in the op-ed — legal realities necessitated that he reiterate information that was already public — but it provided access to Daniel’s voice, so it was quoted extensively in subsequent coverage.

Stay current, stay in context.

Part of our approach to litigation communications is a constant coverage scan and ongoing media analysis to ensure we are plugging our narrative into the larger ecosystem of issues relevant to the case. We huddle with the legal team to make sure they are aware of the shifting conversation, and we are nimble enough to shift our narrative when the context shifts.

In this case, several other DREAMers were illegally detained across the country while Daniel was in detention. Every new case was an important shift in the landscape that we needed to account for, and reflect in our narrative and the conversations we were having with press.

Get everybody on board.

Train anyone who might have an opportunity to tell the story — including the legal team, who are often the frontline spokespeople — to contextualize facts and process points in a narrative about the person, family and issues involved. In this case, the legal team didn’t need training. Daniel’s attorneys are seasoned pros who approach their work here with Daniel and his family front and center. But in the hustle of big moments, it’s easy to focus on what’s immediate and hard to keep an eye on the long ball. Grounding every communication in the narrative and the realities of the case for the people involved helps keep the focus where it ought to be, on the real world impacts.

Be all in.

As my colleagues Lara and Felix wrote: RALLY is doing this work because we are all in to defend America’s democratic values. Fighting for justice is in our firm’s DNA, and it is an honor and privilege to engage in that fight alongside a stellar team working on this case, both for Daniel and his family and for the millions of other Americans who have a stake in how we treat our newest Americans. How we do the work is a reflection of our commitment to the cause; we are lucky to do it, proud of our contribution, and hopeful our lessons learned can contribute to more wins for equality, justice, and American values.

Manny Rivera is a Director at RALLY, a communications firm that works to influence the way people think about and respond to political and social issues.