I became particularly interested in the subject of interacting with Immigration Enforcement Officials in recent weeks. In late March, a speaker at my church discussed their local entity, which holds a Department of Justice accreditation, enabling them to assist with applications for Asylum, Citizenship, Family reunification, Travel documents, Work authorization, and more.
However, the speaker reported that, since January 20, there have been reports of raids in my area at businesses, bus stops, and on public transportation. Fake job offers and phony attorneys are out there to deceive.
Private space
“In the performance of their immigration enforcement duties, an ICE agent may enter any area open to the general public.” So, how is that defined? From the Shelterforce document ICE Is Coming to Your Building—Are You Ready?:
- Designate common areas as private spaces: If property, including a multifamily building lobby, courtyard, or other typically common area, is marked as being closed to the public, ICE agents cannot enter without a warrant. “So, for example, if you’ve got an apartment building, and the lobby doors are unlocked, anybody can enter the lobby. But, to go past the lobby, if they need to have a key card, or it’s marked ‘residents only’ or something, then they’re not allowed to enter those types of areas without either [a warrant or] permission from somebody who has the right to give it—that would usually be either a tenant or, if it’s a common area, it could be the owner. But they can’t just go in to the private areas,” Eric Dunn, director of litigation for National Housing Law Project, says.
Signs
- “So one step is to make sure that in multifamily-type buildings, any common areas are marked with signage or barriers and fences to make clear which parts are public space and what parts are private areas so that ICE agents can’t just start walking up and down the halls looking for people.” Unfortunately, Trump’s racist rhetoric and deportation actions have emboldened ICE agents, who’ve been documented disregarding private spaces and declining to produce warrants. Additionally, although adding signage—such as ‘Restricted Area: Residents and Employees Only’—is a good idea, Public Counsel, a nonprofit public interest law firm focused on civil rights and racial and economic justice, cautions that “signs alone may not make an area legally private.” It’s recommended that building owners work with an attorney to draft legally defensible policies.
Response
If an ICE agent approaches staff in a public area of a facility or work
location, staff should do the following:
Ask the ICE agent for identification (“Can I see your ID, please?”). If the agent provides valid identification, note the agent’s name, title,
badge number, and agency. Take a photograph or make a copy of the
agent’s ID, if possible. Also, ask for and note the name and telephone
number of the agent’s supervisor, if possible.
Shelterforce: “When passing along info, these groups suggest using the S.A.L.U.T.E. acronym to make sure you document all relevant information:
- S is for size: How many agents are in the group?
- A is for activity: What are the agents doing?
- L is for location: Where are the agents?
- U is for uniform: What are the agents wearing?
- T is for time: What is the date and time of day?
- E is for equipment: Do the agents have weapons?”
• If, after presenting valid identification, an ICE agent asks questions of staff about an employee or other individual, staff should state, “I am
not authorized to answer your questions.” The reason for declining to answer is to protect the privacy of employees and patrons.
What to Do if ICE Comes to Your Church
Sojourners has shared a valuable and detailed document. Rev. Minna Bothwell, who pastors the Capitol Hill Lutheran Church in downtown Des Moines, IA, was motivated to create Welcoming, Protecting, and Preparing: A Congregational Guide. “As people of faith,” Bothwell explained, “we are called to provide sanctuary, welcome the stranger, and uphold the dignity of all people, holding both joy and sorrow without discrimination…
“Once I received confirmation that the materials were legally sound, I began sharing them online,” Bothwell said, “recognizing that many faith communities were urgently seeking reliable guidance amid widespread misinformation.”
Also: The ACLU notes, “Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant and how to express them.”
Once again, I recommended an Oscar-nominated short film. “A Lien brings you into the tense, intimate moment of a green card interview that could change three people’s lives forever.” It gets very intense and entirely believable. You can see the film for free here or here. Here’s an interview with the directors.
Related
US citizen told to self-deport: ‘They want immigrants to be uncomfortable here.’ Nicole Micheroni is an immigration attorney and a U.S. citizen born and raised in Massachusetts. Federal immigration authorities wrongfully detain U.S. citizens.
The Kafkaesque Case of Juan Carlos Lopez-Gomez Is a Warning to Us All. In a clear case of racial profiling, immigration police in Florida unlawfully arrested and held a U.S.-born citizen.
Judge says 2-year-old US citizen appears to have been deported with ‘no meaningful process’.
From Heather Cox Richardson: “FBI agents arrested Milwaukee County Circuit Judge Hannah Dugan at the courthouse this morning in what, as Josh Kovensky of Talking Points Memo notes, appeared to be an attempt to draw attention and to illustrate that judges ‘must cooperate with the Trump administration’s mass deportation campaign or else face overbearing actions from federal law enforcement.'”
