This past week’s events in Minneapolis prompted me to reflect on a recent consultation I conducted with one of our community’s organizations regarding ICE activity. The organization wanted to make a plan in the event ICE attempted to enter its space. For most of our organizations, the chances of this are extremely low. But this issue arose, and for this organization, it was deemed smarter to have a plan, to minimize surprises and the need to “wing it” in the moment. Just like training, planning ahead of time builds confidence and prevents mistakes.
The approach to this issue could be a loose conversation among principals/staff to ensure they are on the same page, or a formal internal policy document accompanied by staff training. A more formal process might be appropriate if your organization has a visible position on ICE, if you have a situation that might involve ICE, and you would rely on the involvement of your staff.
Whichever staff member answers the door/doorbell or is the first point of contact, should be trained with at least an initial response. This is generally going to be a statement that the staff member needs to call a supervisor or person in authority, and that ICE should stand by to interact with that person. It’s important to have multiple people designated as the authority to call, in case someone is absent. A simple “let me get my supervisor to help you” should suffice.
Staff who may need to interact with officers should know not to consent to entry without proper authorization, how to politely ask to see credentials/identification and warrants, to immediately contact a supervisor, and that they have the right to refuse entry without a judicial warrant. If you’re documenting this in a formal policy, these are key elements, so staff know what they are and aren’t allowed to do, and what they may be expected to do.
An additional option is that if ICE arrives, staff can provide a written statement (kept at the front desk or by the door) that states your policy and asks agents to present a judicial warrant. That can relieve some of the nervousness about getting the language right.
ICE generally arrests people with either a judicial or administrative warrant. A judicial warrant must be signed by a judge and will say “U.S. District Court” or Oregon State Court at the top. If ICE agents tell you that they have a judicial warrant, ask for a copy and read it. It will say what/who they are looking for and what areas they are allowed to look in. Generally, officers are not permitted to look for things in spaces where the searched-for item cannot be. If a warrant is for a person only (no documents, etc.), they can’t look through a desk drawer because the subject of the warrant (a person) could not be in the drawer.
If an officer attempts to enter a non-public space of your building, it’s appropriate to say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant? If they have a judicial warrant, signed by a judge, this grants them authority to enter any space. Never provide false information and do not interfere with their activities.
ICE agents may try to use an “administrative warrant” to enter. An administrative warrant does not allow agents to enter private areas without an organization’s permission. Administrative warrants are not from a court. They say, “Department of Homeland Security” and are on Forms I-200 or I-205.
When you are lawfully present in a public space, the First Amendment generally protects your right to photograph or film anything in plain view, including law enforcement. But you should not interfere with the actions of the officials you’re recording.
When the event is over, write a summary of what happened and include some of the following: 1. How many ICE agents were present (inside and outside)? 2. How were the agents dressed? 3. How were they armed? 4. Did the agents make you or your workers believe you could not move or leave? 5. Did the agents mistreat anyone? If yes, how?
While most of our organizations are not going to encounter this issue, you may work for an organization where this is likely, you may be a public organization, you may be a synagogue providing sanctuary to vulnerable individuals, or you may have staff generally concerned about this issue. If so, please reach out to me at janderson@securecommunitynetwork.org to discuss so we can make a plan!