Changes to ICE Arrests: Everything You Need to Know
Earlier this year, the Department of Homeland Security took away the 2021 special protections for sensitive locations. These locations include places of worship, schools, and workplaces.
There is a 3,000-people-per-day quota that they must meet, leading to many job sites being affected by these raids, ranging from farms to restaurants. At the beginning of this year, it was mainly those with a criminal background who were being detained, but data from recent months show that a growing portion of those detained have no criminal history.
This major shift has had many consequences, particularly for those with families and US citizen children. The department also highlighted the discretion of ICE officers, saying they can make common-sense judgements about the situation to determine whether or not they should move forward in a protected area.
These raids have been unpopular in some communities, leading to attacks on ICE officers. In response to these attacks, officers have been allowed to cover identification, including their badges and faces– officers have also been allowed to make arrests in their plain clothing. ICE officers, like regular police, are not allowed to enter your home without your permission or a warrant signed by a judge.
ICE agents may carry an “ICE warrant,” which is typically just an arrest warrant and does not allow for an involuntary search. The easiest way to tell which one you have is by looking at the top to see who issued the warrant, if it is a court then it is a judical warrant and may give them the right to enter your home, if it is issued by the department of homeland security, then it is an ice warrant which usually does not give permission to enter your home.
If they do not have a warrant, you have the right to reject consent to a search. There are other ways that you may be detained, for example, if a police officer pulls you over for a traffic violation, an immigration removal order may give them cause to detain you. In the case that you are detained, you still have the right to remain silent and to speak with an attorney.
It’s also important that you do not sign any documents unless you have thoroughly read and understand them. Despite claims that they are going after “the worst of the worst”, anyone who is undocumented is vulnerable to these arrests.
Laken Riley Act
Passed earlier this year, this bill introduces major changes to immigration laws. Even if you are not convicted of a crime, undocumented people charged with certain crimes may experience mandatory detention. This means that they will be held in ICE detention until the end of their immigration cases.
This change applies to specific crimes and includes, but is not limited to: theft/shoplifting, assault of a police officer, and crimes that result in death or serious injury. An accusation, even if false, can result in detention.
The act also prevents those detained on these charges from getting a bond.
