What to Do If ICE Invades Your Neighborhood
“There’s no friendly agent there anymore,” Whitlock said. “That’s not to make any excuse, but I imagine there’s a mindset among ICE and CBP agents on the ground where they really think they’re being attacked and threatened. And no one is above the law, but I think it’s important for people to understand that there will be limited forms of trying to hold these agents accountable in practice.”
On the stage
If you witness an immigration enforcement action, there are some things to keep in mind if you want to stick around.
“The goal is to be an observer and document what’s happening,” says Nathan-Pineau of the Immigrant Legal Resource Center. “The goal is not to seek to intervene in the actions of the police.”
Training materials from Siembra NC, a North Carolina-based grassroots organization that works to defend its local communities from exploitation, indicate that the priority when ICE is present is to let agents know they are being observed and to remind people of their right to remain silent, while de-escalating whenever possible and promoting safety. The group advises that if ICE agents conduct an arrest or traffic stop, responders should try to approach within their line of sight and identify themselves in the process.
Filming ICE’s behavior can let agents know they are being watched, potentially creating some accountability for their actions, as well as a trail of digital evidence for any cases or legal proceedings that may arise at a later date. When interacting with federal agents as part of a group effort responding to ICE, Siembra NC recommends identifying yourself as a volunteer and asking the agents who they are, what they do, and what agency they work for. You can then state that you will remain present to observe, while recording vehicle models, license plates, and officers present at the scene.
“We always advise people that if the law enforcement officer that you’re filming tells you to back up, you need to back up and you need to say it out loud: ‘I’m backing up, I’m backing up.’ This way, you record that you are complying with their order,” explains Nathan-Pineau.
Multiple sources have reiterated that recording federal agents serves a dual purpose because if your own behavior and that of those around you are appropriate for the situation, it will be reflected in your paperwork as well as any misconduct by an agent. The fact remains that peacefully filming interactions can be interpreted as aggressive or inciting escalation, precisely because it is a mechanism of accountability.
Proximity is one of the most important risks to assess when you are on scene, explains Xavier de Janon, director of mass self-defense at the National Lawyers Guild. “The closer people came to federal agents or property, the more likely they were to be charged, attacked or arrested,” he said.
Increasingly, federal prosecutors are seeking to charge people suspected of assaulting federal officers, even if the charges are unsuccessful and later dropped. The NLG recently released a guide on how protesters and observers can assess risks related to federal assault law.
Work from home
Even if you can’t risk taking to the streets, there are other important ways to contribute to community safety efforts.
Civil liberties groups have campaigned across the country to ban real-time surveillance platforms and end lucrative contracts that provide information to ICE. You can contact your local officials’ offices and tell them to cancel surveillance contracts and end information sharing and other law enforcement cooperation that fuels ICE operations.
