New tactic: ICE officers posing as police

New tactic: ICE officers posing as police
Atty. Glenn Rose, Feb 21, 2007
(From Philippine News)

Immigration and Customs Enforcement (ICE) officers are now posing as local police in order to gain entry into the homes of immigrants. This new tactic is causing great concern among civil liberty advocates because it breaks down the relationship between immigrants and real local police officers.

The Department of Homeland Security (DHS) claims that the title immigration officers may use the title of police because they are federal law enforcement officers and their function is to police illegal immigrants. However, the DHS strategy is a ploy to get immigrants to open their doors to ICE officers trying to make a bust on immigrants who they believe are illegal.

It needs to be noted that ICE arrests are really called detainment because of the violation of immigration laws. Violation of immigration laws is not a criminal act that falls under the scope of traditional police activities. Illegal immigration is an administrative violation of the terms of the Immigration and Nationality Act passed by Congress and regularly revised. Although the consequences of arrest by immigration officers are similar to a regular police arrest, being detained by immigration officers is not considered an arrest based on a criminal act.

The fact that federal agents are now posing as police to make busts, makes it much more difficult for immigrants to understand the legal system in the United States, and undermines their fragile trust in the local police. Immigration officers misidentify themselves to gain entry into private homes, usually, in the early morning hours because it is proven that people are more likely to open their doors to the local police.

Recently, there have been success stories about immigrant cooperation with the local police. The ICE bust procedures threaten to undermine the police-immigrant relationships in many cities and towns. ICE public relations spokesperson, Lori Haley, recently defended the use of the word “police” by stating that immigrants who don’t understand English generally understand the word “police.” She also stated that the term is fair since ICE agents are technically federal police. However, this is not the term used for any federal law enforcement officer. Traditionally, the term “police” has always applied to local law enforcement officers.

People who are detained by ICE officers are taken away in handcuffs and detained at local city and county jails awaiting administrative deportation by the DHS, or, in about 40% of cases, by an Immigration Court. ICE officers will typically check out all other persons in the house or vicinity when looking for an individual immigrant. This is called collateral activity, because the bystanders will also be detained (arrested) if they cannot prove they are in the U.S. legally. This new tactic has created a lot of fear in the immigrant community.

ICE agents usually try to apprehend illegal immigrants in their homes between 6 a.m. and 10 a.m. in the morning. Immigrants need to know that they do not have to open the door unless the officer has either an arrest or search warrant. If the door is opened, even by a crack, the ICE officers are allowed to enter the home and arrest the person who they are looking for and any other person in the house who is illegal. Immigrants should be very wary of opening a door to strangers. ICE officers do not wear uniforms and are dressed in civilian clothes. If the person knocking at the door insists on coming in, persons in the home may refuse to open the door. They should ask them to slip the arrest warrant or search warrant under the door. Usually, ICE officers do not carry warrants with them. Any document that may be slipped under the door must have the word “Warrant” on it and be signed by a judge. Normally, the ICE officers will yell and threaten, and then go away. But, they will come back another day. Any immigrant in this predicament should call an experienced immigration attorney.

Attorney Glenn Rose was born in the Philippines and immigrated to the United States as a small child. He is a naturalized citizen. Attorney Rose is experienced as a lawyer in Immigration Courts and representing clients with the Immigration and Customs Enforcement (ICE) branch. His office is located in downtown San Francisco at 580 California St., (415) 283-3281. He is a member of the American Bar Association and American Immigration Lawyers Association.

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