ICE’d Out

By now you’ve likely heard multiple stories from multiple states as the Trump Administration bulks up ICE raids in an effort to remove immigrants who have entered the country illegally. This week, ICE in Minnesota used a 5-year-old child as bait to capture his father in the midst of growing protests after a masked ICE agent shot and killed Renee Good. Over the past two weeks, the number of ICE agents in Arizona has grown, and social media accounts that document local activism have highlighted multiple areas in the valley where ICE raids have taken place. In times like these, it’s important to know your rights and what you're up against when dealing with ICE.

The most important thing to remember first off is this: if you are in the United States, legally or otherwise, you absolutely have rights. To start, you have the right to remain silent. When dealing with ICE or any form of law enforcement, silence is your best weapon. You do not, under any circumstances, have to answer any questions or provide a verbal statement for any reason. You also have the right to demand to see a warrant. Especially when dealing with ICE, who generally wear face coverings, you may ask to see the credentials that are allowing them to attempt to detain you or allowing them to attempt to enter your home. You also have the right to speak to an attorney.

There have been widespread reports of ICE attempting to gain access to homes or businesses where immigrants live without proper identification or legal clearance. It is crucial to know that ICE agents absolutely must have a warrant to enter property and make an arrest. However, in light of Vice President Vance stating last week that ICE agents have “absolute immunity” should they break the law, ICE agents have reportedly taken it upon themselves to begin flexing those rights.

In Arizona, however, this show of force can be met with yet another legally permissible response: the Stand Your Ground law. In Arizona, lethal force is generally legally protected when one feels their life is threatened on their own property. Imagine the scenario: several masked men claiming to be ICE attempt to enter your home without identification or a warrant. If you, the homeowner, are armed, what would you do? While the Arizona Police Association has called standing your ground in this scenario “reckless,” Arizona Attorney General Kris Mayes has said that exercising your Stand Your Ground rights would likely hold up legally.

While this is obviously an extreme example of what could come to pass as an ever-broadening ICE presence meets with ever-growing popular backlash, the facts remain the same: you have rights, and you can exercise them. There are, however, some best practices to keep in mind.

The first, as stated, is to remain silent. Do not give ICE a reason or excuse to continue what they’re doing against you. Additionally, if faced with an ICE arrest, do not run. Running provides a gray area for force to be used against you. If at all possible, begin recording as soon as you can. Try to get pictures or video of faces, badge numbers, and capture any and all language used towards or against you to have in your corner during later legal proceedings.

In these times of uncertainty and unfairness, it’s important to know that the legal system has and always will exist for the reason of defending those who have been wronged. Should you find yourself on the wrong side of an ICE encounter, it’s important that you do everything you can to remain as innocent as you likely were before the encounter began, and to arm yourself with knowledge and evidence to be used on the legal playing field. If you have any questions or you need legal representation, contact us at Palestini Law today.