Immigration and Customs Enforcement (ICE) actions during recent immigration raids have raised important questions about what the agency can and cannot do. ICE must operate within certain legal parameters during immigration raids. The answers to some common questions are addressed below, with the goal of providing insight and clarity on these important issues.

Question: Can ICE agents detain people without a warrant?

Answer: Yes, under certain circumstances, ICE agents can detain people without a warrant. However, the agents must have ‘probable cause’ to do so. A person’s race, ethnicity, or occupation cannot be used as a sole basis for probable cause.

Further, ICE agents generally cannot make arrests at private businesses or homes without a judicial warrant. There are exceptions to this rule, however. Places that are considered “public” such as a lobby or customer gathering area may be an exception, even within a private business.

Question: Must ICE identify themselves during an immigration raid?

Answer: No, there is no legal requirement for ICE agents to identify themselves by name during immigration raids. That said, once someone is being arrested during an immigration raid, agents must then identify themselves as an immigration official. Importantly, this rule doesn’t apply if the agents feel their safety is at risk.

Question: Can ICE agents wear face coverings or masks during an immigration raid?

Answer: Yes. There is no constitutional or legal precedent that prevents immigration agents from wearing face coverings or masks during immigration raids. Federal officials argue it’s a way to protect agents while immigration authorities are under intense public scrutiny. This is not a standard law enforcement practice, however.

Question: Can ICE agents detain individuals in the U.S. with valid nonimmigrant status?

Answer: Possibly. While there’s no political or legal precedent for detaining people that already have temporary legal status, the current administration is using a wide range of laws and policy changes to justify the removal of individuals with temporary status. For example, individuals with pending adjustment of status cases have been detained by ICE at immigration interviews and removed for visa overstays before their green card can be approved (which would forgive the overstay, if based on marriage to a U.S. citizen). The current administration has explicitly stated they are targeting visa overstays, so even those with current nonimmigrant status may be vulnerable in an immigration raid if there is a past overstay in their record.

Question: Does ICE have to notify anyone when a detention is made?

Answer: No. ICE isn’t required to share where someone is being detained or notify family members. However, the agency does maintain an online detainee locator. That said, due to the high volume of arrests being carried out, it can take several days for new information to appear there. This delay is the result of the agency’s limited capacity to process the high number of people being currently detained.

Question: Can ICE agent detain U.S. citizen children if the child’s parents don’t have legal status?

Answer: No, but without legal status, the parents can be detained regardless of whether they have U.S. citizen children. If the child is a citizen but the parent isn’t, ICE is required to determine what measures are in the child’s best interest. Parents can request their children be removed with them.

Question: Can ICE agents use force during immigration raids?

Answer: Yes. ICE agents are trained to avoid using force during immigration raids, but can use force if they feel they’re in immediate danger. ICE has pledged to continue training its officers in de-escalation tactics and to punish any agents that use force unnecessarily.

As always, ImmigrationUSA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, the value of strong legal representation can’t be understated.