There is no doubt that if you turn on the news or take a look at social media, you will see numerous reports of public confrontations between citizens and U.S. Immigration and Customs Enforcement (ICE). ICE agents stepping up enforcement of immigration laws has proven quite controversial, with ardent supporters on one side and vigorous opposition on the other. We encourage you to voice your opinion and exercise your First Amendment rights on this matter.
Still, regardless of where you stand, if you attempt to interfere with ICE actions, you will face serious legal repercussions. In a situation where you are being charged for clashing with ICE, the best course of action is to contact an attorney immediately to protect yourself from the harsh criminal consequences that could negatively impact your life and future. Interfering with a federal officer attempting to execute their duties carries stiff criminal penalties.
It is essential to understand that ICE powers are based on federal law, not local consent, and they greatly differ from criminal law procedures. The fundamental question of whether ICE agents are acting within legal bounds when they make arrests without a judge’s warrant is generally yes. Most actions fall within the bounds of the law to make an arrest. ICE agents do not require a judge’s warrant to make an arrest in every situation.
If you are detained or facing charges related to an ICE encounter, it is critical that you immediately contact legal counsel to assess the circumstances of your arrest and what potential remedies may exist for you. Individuals in Illinois can rely on and trust the experienced legal guidance provided by the Schaumburg civil rights attorneys at Glasgow & Olsson.
Understanding the Legal Foundation of ICE Arrest Authority
It is understandable why public outcry could arise after seeing or hearing about nationwide ICE arrests without a judge-issued warrant. However, much of the confusion stems from a misunderstanding of criminal and civil enforcement standards. The fact is, ICE operates under federal immigration statutes that allow it to engage in administrative enforcement mechanisms. Such authority differs from criminal enforcement methods.
Specifically:
- 8 U.S.C. § 1357(a)(2) authorizes ICE officers to arrest individuals without a judicial warrant if there is probable cause to believe that the individual is unlawfully in the country and if the person is likely to flee before obtaining a warrant.
- The Fourth Amendment of the U.S. Constitution explains that judicial warrants are typically required for criminal arrests; however, they are not mandatory, and Federal agents, like any police officer, can make arrests for criminal offenses without a warrant under certain circumstances.
- Civil immigration enforcement is quite different, and civil arrests follow different procedural guidelines.
- Administrative warrants can be used:
- Form I-200 allows for arrest, while Form I-205 allows for removal. These warrants are signed by Department of Homeland Security (DHS) supervisors, not judges.
- Administrative warrants can be used:
Nature of ICE Arrest Authority
Public or semi-public places
ICE officers have the legal right to execute civil and criminal arrests in public or semi-public areas like hospitals or workplaces, for example. This is true if they have probable cause (judicial) and administrative (DHS) warrants. Here, it is essential to emphasize that reasonable suspicion alone does not permit an arrest. This level of scrutiny only provides an opportunity for the agent to make a brief investigative stop or questioning. Probable cause, such as verified information of removability or an outstanding removal order, on the other hand, allows
ICE agents to make an arrest in a public setting without a judicial warrant.
Your home
Conversely, Payton v. New York, 445 U.S. 573 (1980) holds that law enforcement officers may not enter a private residence without:
- A judicial warrant
- Consent
- Exigent circumstances
Do NOT interfere in an ICE arrest
Ordinary citizens, state or municipal officials who attempt to stop ICE from making arrests or who interfere with them while doing their job could be in violation of 18 U.S.C. § 111. This statute criminalizes anyone who resists or impedes federal officers from engaging in their official duties and can result in a sentence of up to 20 years in a federal penitentiary.
Get Qualified Legal Help Today
The bottom line is this: you should not interfere with ICE actions. ICE has the legal authority to make arrests in public or semi-public areas with probable cause and administrative warrants, which are signed by DHS, not judges. If you try to stop ICE arrests, hinder, or disrupt ICE from doing their job, you can and likely will be arrested, prosecuted, and face prison time.
For legal guidance and help, do not delay in connecting with an experienced attorney. Speak with a Chicago civil rights attorney at Glasgow & Olsson today.