MINNEAPOLIS — A fatal shooting of a motorist by an Immigration and Customs Enforcement officer here on Jan. 7 has raised questions about the federal agency’s role and tactics, prompting Minnesota Gov. Tim Walz to tell the Trump administration to “leave our state alone.”
Local, state and federal officials have
expressed differing accounts of what led up to the fatal shooting
and how it played out. Across Minnesota, protests and vigils are planned on behalf of Renee Nicole Good, the 37-year-old woman was shot and killed in her car in south Minneapolis.
Setting aside the political rhetoric, here are answers to some questions related to ICE and immigration status.
U.S. Immigration and Customs Enforcement is a federal agency, part of the Department of Homeland Security. ICE investigates immigration and customs violations, and enforces immigration law. The majority of immigration enforcement takes place in the interior of the country, though there is a significant presence near the U.S. border.
The agency formed in 2003 through a
merger of the former U.S. Customs Service and Immigration and Naturalization Service
.
How many people work for the agency?
More than 22,000 law enforcement and support personnel work for ICE, including over 12,000 new employees in a year,
according to an agency news release issued Jan. 3
. There are more than 400 offices in the U.S. and across the world.
What are the three operational directorates of ICE?
Homeland Security Investigations — responsible for investigating, disrupting and dismantling transnational criminal organizations and terrorist networksEnforcement and Removal Operations — targets public safety threats, including undocumented criminals and gang members, and people who have violated the country’s immigration lawsOffice of the Principal Legal Advisor — represents the Department of Homeland Security in immigration removal proceedings and provides legal services to all ICE programs and offices
What crimes does ICE’s Enforcement and Removal Operations investigate?
According to
, ERO focuses primarily on the following:
The biometric and biographic identification of priority undocumented immigrants who are incarcerated within federal, state and local prisons and jailsCoordinates response and enforcement actions with law enforcement partners using biometrics to identify foreign-born individuals arrested for criminal offensesWorks with multi-agency task forces to arrest individuals deemed a threat to public safety on their unlawful immigration status without additional criminal chargesDevelops investigative leads and provides support in locating and arresting foreign nationals wanted for crimes committed abroad who are now at-large in the U.S.
Do ICE officers need a judicial warrant to make arrests?
According to the agency,
officers and agents do not need judicial warrants
. They are permitted to initiate consensual encounters with people, briefly detain someone when they have reasonable suspicion the person is illegally present in the country, and arrest people they believe are illegally in the U.S.
What to do if an ICE officer approaches you?
All immigrants have legal rights, even though they may not have legal immigration status, according to the National Immigration Law Center. Immigrants are encouraged to know their rights, what documents they should carry, and when to show them to immigration or police. They should also make copies of important documents and keep originals in a safe place if they are not carried on their person.
Immigrants must carry their lawful permanent resident card or immigration papers. Examples are a green card, asylum or refugee status, a valid student or other visa, or unexpired TPS (temporary protected status). The center also instructs immigrants to not carry or show anything that indicates they were born outside the U.S., including a foreign passport.
Next steps depend on immigration status and where an officer encounter occurs.
Visit the
National Immigration Law Center
for more details, helpful links and to download documents.
What are a person’s rights if stopped on the street, near home, at work or a public place?
A person approached by an immigration officer does not have to talk or answer questions. They have a right to remain silent.
Further, when approached, the law center advises to:
Stay calm.Record what is happening or ask someone else to do it.While recording, ask the officer what government agency they work for.If they ask questions, state your right to remain silent.
What are a person’s rights if immigration knocks on your door?
First, someone is not required to let an officer in their home unless they first show a judicial warrant. If they have a judicial warrant, ask the officer to slide it under the door and then inspect the document. An administrative warrant does not give them the right to enter a home.
If the immigration officer enters the home, a person still has the right to stay silent. Review more information at the above link.
What happens if someone resists arrest?
“ICE officials use reasonable and necessary force when someone resists arrest. ICE officers and agents prioritize safety — including the safety of the people they arrest — and are highly trained in de-escalation,”
.
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