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Rights Violations

Through the news, we have been seeing ICE violate constitutional rights through videos captured from bystanders.  Issues arise that present moral, ethical, and legal issues with ICE detaining US citizens without judicial warrants, for asking questions from the opposing side, and without due process. These are constitutional rights violations, but ICE is also law enforcement. If you try to interfere they can charge you with "obstruction of justice" or "assault or resisting federal officers".


What do you do if you see something like this go down?

US citizen detained by ICE (lots of these videos)
ICE detaining Senator Alex Padilla at a press conference for Kristi Noem
ICE detaining NYC Comptroller Brad Lander after he asks to see a judicial warrant

ICE (Immigration and Customs Enforcement) is a branch of Homeland Security law enforcement.  You may see “ERO” on uniforms, which stands for “Enforcement and Removal Operations”, is part of ICE.  ICE is required to act like every other law enforcement department by showing a badge to identify themselves and to produce a warrant.  They cannot legally detain or arrest anyone if they fail to do this, and are then subject to arrest by other law enforcement.


ICE must:

  • Identify themselves as ICE and produce a badge.

  • Produce a legal warrant if asked.


Administration Warrant - These are issued by ICE for detaining someone.  ICE cannot use this type of warrant to enter a private home without consent.  This type of warrant is used to detain suspected individuals of violating immigration laws.


Judicial Warrant - This is issued by a court.  This allows ICE to legally search a specific location and arrest a specified person.  These are based on probable cause.


PROBLEM

There have been a growing number of MAGA nuts obtaining fake ICE outfits, since ICE does not use a uniform, and causing problems since ICE often won’t show their badge.  You can report the ICE Agent Imposter Scam to: https://disb.dc.gov/page/ice-agent-imposter-scam Or, you can call the Department of Homeland Security Office of Inspector General at 1-800-323-8603, and police officer impersonation to the Metropolitan Police Department Financial Crimes and Fraud Unit at (202) 727-4159. You may also contact DISB’s Enforcement and Consumer Protection Division at (202) 727-8000.


What you can do:

  • Record Video - You are legally allowed to record video of ICE.

  • Ask Questions - Do you have a judicial warrant?  Can I see your badge?  Where are you taking this person?  Other questions are also welcome.  They don’t have to answer you, but you can ask all the questions you want.

  • Tell The Person Being Detained - “Don’t say anything.  Get a lawyer.”

  • Stay On Public Property - Everyone is allowed on public property, so stay there.  Don’t step onto private property unless you have permission because they can turn around and claim you are breaking the law.

  • Document & Report - Get a name and badge number, photos of the ICE agents, etc.  Report to the ACLU, immigration attorneys, or other immigration defense.


Legally, you aren’t supposed to:

  • Obstruct an investigation, whether violent or nonviolent.

  • Physically interfere with ICE (by force or by blocking).


Unfortunately, a citizen's arrest cannot be made on a federal law enforcement agent. You can report unlawful actions to any nearby law enforcement officer, who could turn around and arrest an unlawful ICE agent.


As RLSH, we have to come together to figure out how to approach this sort of thing if we are there to witness it. This is a very good reason to have a bodycam recording during your entire patrol time. You don't have to worry about pulling out a phone and fucking around with it - a bodycam would be recording the whole time.



ree

I picked up one of these cheap bodycams from Amazon for $35. It works. I was able to build a secure holder into my uniform for it. It says the brand is "Asdraw", but there appears to be other various makers of the same model.


Photo/video quality is good. Size is about 4" long x 1" wide x ~1" deep. Easy to use. Picks up sound just fine.


There are a lot of different bodycams out there. With the way technology current is, you no longer have to pay up the wazoo for a good quality camera. Read reviews. Look for camera test footage from others.


ree

What other action can RLSH take?


If you feel like you're in the middle of passive action that you can legally take and the risk of being arrested for interfering, you are not alone.


If you suspect fake ICE agents, then there shouldn't be any issues for making a citizen's arrest or obstructing them or defending whoever it is they are picking on.


Let's start discussing this. Venture to the free forum here on Herocore or check out the reddit group r/RealLifeSuperheroes.


Someone has to stand up for the constitutional rights of people. Someone has to stand up to this encroaching authoritarian regime.

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