Encounters with Ice:

A Guide for Bystanders

Immigration and Costumes Enforcement (ICE) has solidified their presence in places they seemed absent before. They are coming after people in their workplaces, homes, places of worship, even medical offices and hospitals. Current enforcing efforts are targeted towards everyone, not just individuals accused of crimes. As an attorney, I always get asked by immigrants what are their rights during an encounter with the authorities. But lately, the effects of ICE sweeps have become visible and alarming to American Citizens as well. What can we do to help and protect immigrants from abuse or violence by the authorities? Here is a quick guide as to how to address ICE encounters as a bystander.

When is ICE allowed to stop or question people?

The law before was that only within 100 miles of a border or port of entry. With the recent decision of the Supreme Court,

Where is ICE allowed without a Warrant?

What can you do as a bystander?

• Keep calm
  • While experiencing and ICE detention is emotionally charged and often infuriating, you do not help the detainee or yourself by showing aggression towards the officers performing the arrest. It will escalate the situation and may get you arrested for obstruction.
• Do not open the door and request to see the judicial warrant
  • If you are inside the home, workspace or other nonpublic space, you have authority to verbally deny entry to ICE, unless they show a judicial warrant. Request to see it, either through under the door, a window, etc. WITHOUT opening the door for them. The warrant must be SIGNED by a judge. A generic order is not enough for them to go inside without verbal consent.
• Request the officers identify themselves
  • Recent news have surfaced that lay persons have been posing as ICE agents to commit crimes. While in most jurisdictions ICE officers need to show their face their face to the public, they are required to identify themselves by full name and showing their badge or other forms of identification. However, this does not need to happen immediately. If they are in the middle of an apprehension, they have the right to wait until it is ‘safe’ for them to do so. In that case, you can notify the officer that you will wait until after the arrest is made to be provided with this information.
• Ask the detainee who you can notify
  • Ask the detainee who is a good person to contact on their behalf to let them know they have been detained. The sooner it is done, the higher chances they have of locating their loved one safely and provide them legal assistance.
• Record the encounter if you wish
  • The First Amendment gives you the right to record encounters with law enforcement in public places as a bystander. However, it is important to do so in a way that is safe for you, and that does not threaten the safety of anybody involved in the intervention. To do it in a way that obstructs the officer’s duty would be considered obstruction of justice and it is a criminal offense. Do it from a prudent distance.

Conclusion

If you see or know of someone who may have been unlawfully intervened by ICE, the law protects EVERYONE against unlawful arrests, search and seizures. Consult an attorney, as they may be entitled to sue the government for such right violations. The Courts exists to ensure the general public’s access justice. Lawsuits are not merely, if at all, about financial compensation. They are the spaces provided by our Founding Fathers to keep our government accountable and our individual rights protected.  Justice is for all.