What are ICE agents legally required to do when they're detaining someone? Here's what an expert says.
Several recent immigration raids in Massachusetts have been recorded on video, from Worcester to Waltham. Some have been violent. They also show bystanders demanding answers from ICE agents who often ignore their requests.
People taking issue with the ICE arrests say they don't like the tactics or that the agents cover their faces as they detain people, often with limited documentation.
So what are ICE agents legally required to do when they're detaining someone?
Here are some answers from Bruce Foucart, who spent 31 years as a federal law enforcement agent. He was also the former Assistant Director for Homeland Security Investigations.
Do ICE agents need to show a warrant?
A common question heard in these videos is the request to see a warrant. But do federal agents have to show them that warrant and what are they obligated to do in these incidents?
"Certainly, officers do not need to show a warrant to the public as they are executing that arrest," said Foucart. "When an officer makes an arrest, generally, they aren't going to show that piece of paper to that person that they are arresting."
He said that will come when the situation is safe and an arrest has been made.
"We want to get that person into custody as quickly as possible, and not a threat to you or the public. There's plenty of time to show that person the warrant afterwards," explained Foucart.
These warrants don't come from a judge. They are administrative warrants which come can come from Homeland Security or Immigration and Customs Enforcement (ICE).
"It doesn't allow the agents to have search authority," said Foucart.
This means that they can't enter a private property without consent.
"Often times, these individuals they are searching for, and are going to remove, have existing warrants," said Foucart.
They could be outstanding federal, state, or local warrants, and they could also be criminal in nature.
But what if the ICE agents don't have a criminal warrant, can someone still be detained?
Foucart says there is a misconception that the people ICE agents arrest must have a history of criminal activity.
"Many times, they have warrants of removal. They are out of status. They have had their due process, and an immigration judge has decided they are to be removed," said Foucart.
Do ICE agents need to identify themselves?
Another question often asked on scene at ICE arrests is, "What agency are you with?"
By law, a federal agent must identify themselves, but what suffices as identification?
"They don't have to verbally respond to anyone with regards to this. We always had a policy to wear some sort of raid jacket," Foucart said. "If you're going to be out there making an arrest in the public etc., you know have something with your credentials on it."
He says the goal is to get everyone at the scene through the arrest safely.
U.S. Attorney warning about ICE arrests
Leah Foley, the U.S. Attorney for the District of Massachusetts, issued a warning Wednesday for anyone who tries to interfere with ICE agents.
"The interference with ICE operations around Massachusetts has been disturbing, to say the least. This conduct poses significant public and officer safety risks. It is conduct that should be vilified rather than glorified. I will not stand idly by if any public official, public safety officer, organization or private citizen acts in a manner that criminally obstructs or impedes ICE operations," Foley said in a statement.
"The United States Attorney's Office, along with our federal partners, will investigate any violations of federal law and pursue charges that are warranted by such activity."
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