Know Your Rights: What to Do If You Witness an ICE Arrest

Imagine that you are walking outside to check the mail when you notice an unmarked SUV outside of your home. You then see two men approach your neighbor who is outside watching her children while they play. These men are agents from Immigration and Customs Enforcement, or ICE. ICE agents are members of federal law enforcement, and everyone in the United States, regardless of citizenship or immigration status, has rights when interacting with law enforcement.

Understanding Your Rights and Responsibilities

Before we discuss specific documentation strategies, it's crucial to understand that interactions with law enforcement can be complex and often require on-the-spot decisions. While you have constitutional rights, how you assert these rights matters greatly. The potential for misunderstandings or escalation is real, so it's important to know both what you can do and how to do it safely.

Limits on ICE Arrests

If ICE is conducting an arrest in a public place, agents do not need a warrant. However, if ICE is attempting to enter a home or business, they must have a valid judicial warrant signed by a judge. ICE administrative warrants (Form I-200 or I-205) do not grant the authority to enter private property without consent. If ICE is at your door, you are not required to open it unless they provide a warrant issued by a court. If you are unsure, ask to see the warrant and verify that it is signed by a judge before allowing entry.

Your Constitutional Right to Record

You always have a right to record law enforcement officials, including ICE agents, as long as that recording is not interfering with their performance of their duty. However, there's an important distinction between having a right and exercising it safely.

The police may not want to be recorded, and they may threaten you with arrest for recording. They may say that you are interfering by recording, even if you are not. This would be illegal, but that doesn't mean it won't happen. Always assess your personal tolerance for risk before beginning to record. Ask yourself what will happen if you are held in jail for 24 hours. Will you miss work and be fired? Will there be someone to take care of your kids? If you are wrongfully arrested, you will likely not be charged or the charges may be dropped, but it is best to have a plan in place in case you are wrongfully arrested.

What to Expect When Documenting an ICE Arrest

This can be a frightening situation, especially if you yourself are an undocumented immigrant, have had negative interactions with police in the past, or have never had any sort of contact with law enforcement. The important thing to remember is that you have rights. Whether the person being arrested is innocent or guilty and regardless of their immigration status, your right to document the arrest remains protected under the Constitution.

Making the Decision to Document

Before you begin recording, assess your personal safety and comfort level. If video recording doesn't feel safe or possible, remember that there are other effective ways to document what's happening:

• Use your phone's notes app to record what you see

• Send yourself detailed text messages

• Write on a piece of paper

• Make voice recordings

Whatever method you choose, your notes could become important evidence during future legal proceedings. Be sure to include detailed descriptions of:

• Officer appearance and behavior

• Vehicle descriptions

• Any use of force or aggressive tone

• Duration and location of arrest

• Nearby surveillance cameras

  

Safe Recording Practices

If you choose to video record, here are key guidelines to protect yourself and others:

1. Film Openly and Transparently

When documenting the arrest, film openly. Do not be secretive about it, don't try to hide your phone or recording device. Say out loud the time of day, the date, and where you are located.

Do not disrupt the arrest. If you do so, you will be arrested and may be physically injured in that process. If the agents tell you to stop filming, you do not have to do so, simply tell them "I am exercising my right to document this arrest."

2. Comply with Lawful Orders:

If your presence is disrupting lawful police activity, they are within their authority to demand that you step back. You are required to do so, within reason. If this happens, point your camera down toward your feet and record yourself stepping backward to document your compliance. If you feel comfortable continuing to record, you may do so, and point your camera back at the arresting officers.

3. Focus on Law Enforcement

If your video gets picked up online and becomes widespread, it is possible that people will retaliate against other people included in the recording, so please try to protect their privacy. You can do this by always keeping the arresting officers as the focus of your recording, rather than the person being arrested, their family, or other bystanders. Record context, such as street signs or other landmarks nearby. If you can, try to identify the location of any other cameras in the area, such as home security or doorbell cameras. These may provide other evidence.

4. Stay Calm

If the arrest becomes violent, do not shout. This will make it harder to hear the interaction on the recording. You may, and should, however, remind police to not use unlawful force and that you are recording the event. This may encourage them to use restraint.

5. Protect the Arrestee's Rights

Do not state the name of the person being detained. You are not required to answer any questions that law enforcement asks regarding that person's activities, identity, or immigration status. Anything you say can be used as evidence in court.

6. Protect Yourself

Remember that law enforcement officers are legally allowed to lie to you, but you are not allowed to lie to them. It is best to exercise your right to remain silent. If you are arrested, ask for an attorney before you answer questions.

You have the right to remain silent. In North Carolina, you are generally not required to provide ID unless you are operating a vehicle or law enforcement has reasonable suspicion that you are involved in a crime. However, if you are being detained, refusing to identify yourself could escalate the situation, even if it is not legally required. If you are under arrest, you will be required to provide your name. If you choose not to answer questions, simply state, "I am exercising my right to remain silent."

You do not need to discuss your activities, you should not answer questions about yourself, where you live, what you do for work, your own immigration status, or provide any information about anybody else. Again, do not lie to law enforcement, simply remain silent. You may tell them that you are exercising your right to silence.

If law enforcement officials order you to delete footage, you do not have to comply. If you are not under arrest, law enforcement cannot take your phone without your consent or a warrant. However, if you are arrested, officers may seize your phone and attempt to access it if they have a valid warrant. The Fifth Amendment protects your privacy and your right to your cell phone in this situation. Make sure your phone is password protected, at least 6 digits is preferred. However, face and fingerprint ID are not protected. To protect your privacy, it is best to disable these features in advance.

After the Encounter: What to Do Following an ICE Arrest

The moments immediately following an encounter with ICE are critical. Taking the right steps can help ensure that important evidence is preserved, legal rights are protected, and the affected individual receives the necessary support. Here are key actions to take after witnessing or experiencing an ICE arrest:

1. Secure and Back Up Any Footage

To prepare for this sort of situation, it is best to have your phone set to automatically backup your recordings, though there are privacy and other considerations that impact that decision

If you recorded video or took photos of the encounter, it is essential to secure the footage as soon as possible. Backup your files to a secure location, such as cloud storage or an external device, to prevent loss or accidental deletion. If possible, share copies with trusted individuals or organizations that can help ensure the footage remains accessible if needed for legal proceedings.

2. Document Additional Details While Your Memory Is Fresh

Write down everything you remember about the incident as soon as possible. Key details to include are:

• The date, time, and location of the encounter

• Descriptions of ICE agents, including their clothing, badges, or identifying information

• Statements made by agents during the arrest

• Names and contact information of any witnesses

• How the arrest was conducted, including whether the agents used force or entered a home without consent

A detailed account can serve as crucial evidence if legal action is necessary.

3. Report the Incident to Local Immigrant Rights Organizations

Consider reaching out to local immigrant rights groups or advocacy organizations that provide support to individuals targeted by ICE. These organizations can help track enforcement activity, connect families with legal resources, and raise awareness of potential rights violations. Many groups also maintain rapid response networks to assist individuals facing immigration enforcement. Some organizations in North Carolina that you should consider contacting are:

• North Carolina Justice Center - Immigrant and Refugee Rights Project

• Carolina Migrant Network

• Comunidad Colectiva

• Legal Aid of North Carolina’s Immigration Pathways for Victim’s service

• El Colectivo NC

• Siembra NC

• Association of Mexicans in North Carolina

• U.S. Committee for Refugees & Immigrants, North Carolina

• Your local Church World Service chapter

• Apoyo NC

• El Centro Hispano

• El Pueblo

• Refugee Support Center

• The Center for New North Carolinians

• Compañeros Inmigrantes de la Montañas en Acción (CIMA)

4. Contact a Qualified Immigration Attorney

Legal guidance is essential in any situation involving ICE enforcement. If you or someone you know has been detained, seek out an experienced immigration attorney as soon as possible. An attorney can help determine the best course of action, advise on legal rights, and potentially intervene in the case. If you are unsure where to turn, local advocacy groups may be able to provide referrals to reputable legal counsel.

Taking these steps can help protect the rights of individuals affected by ICE enforcement and ensure that important evidence is preserved for any necessary legal proceedings.