Rights Guidance for Immigrants and Onlookers During ICE Raids
The United States has seen a significant shift in immigration enforcement under the Trump administration, with the Department of Homeland Security (DHS) increasing efforts to detain and deport undocumented individuals. Secretary Kristi Noem has stated that this is a defining moment in the nation's history.
ICE, the Immigration and Customs Enforcement agency, is conducting intelligence-based, targeted enforcement operations. These operations are becoming more aggressive, with workplace raids becoming increasingly common. However, it's important to note that crossing the border and being undocumented in the United States is generally a civil infraction, not a criminal offense.
Re-entering the United States after being deported is a felony, and a conviction could result in a fine and up to two years in prison. But locating someone who's been apprehended over an immigration issue can be incredibly difficult. The ICE detainee database can be searched using someone's A-number, first and last name, country of origin, and exact birthdate.
Noncitizens do not have the same constitutional rights as citizens when it comes to access to counsel in a deportation case. However, some states, like New York, are working to pass laws requiring those facing deportation to have access to an attorney. Everyone is entitled to protection from unreasonable search and seizure and excessive use of force under the US Constitution's Fourth Amendment, regardless of their legal status.
Witnesses generally have a right to film an encounter with ICE in public as long as they are not interfering with the arrest. ICE agents don't need probable cause to briefly detain and question someone, they just need 'reasonable suspicion'. However, any effort to prosecute someone for warning of a potential ICE arrest would run afoul of a considerable body of legal precedent that holds alerting people of a possible arrest is First Amendment-protected speech.
The DHS has faced criticism and legal setbacks over its enforcement tactics. The Trump administration's aggressive approach to immigration has raised concerns about civil liberties and due process. Over 100,000 applications have been received by the DHS from individuals wanting to join ICE, indicating a growing interest in immigration enforcement.
ICE agents, when in public, are required to identify themselves as federal officers with broad investigative authority, typically by presenting official credentials or badges issued by the Department of Homeland Security; their enforcement arm, Enforcement and Removal Operations (ERO), carries out identification, arrest, detention, and removal of individuals violating immigration laws within the United States.
It's crucial to stay informed about these developments and understand the rights and responsibilities involved in immigration enforcement. As the landscape continues to evolve, it's essential to prioritise fairness, respect for human rights, and adherence to the rule of law.
