Since Donald Trump was elected in January, his administration has led a large-scale crackdown on illegal immigration, including raids by Immigration and Customs Enforcement (ICE) to detain as many undocumented immigrants as possible.
This sharp rise in ICE activity has sparked widespread protests, with many calling it unconstitutional and unlawful.
Allegations of deporting legal residents and a lack of due process are rampant across the country. ICE is operating in a seemingly gray zone legality.
“Many critics are vocal that due process is not being afforded to the people who are being detained,”said middle school civics teacher Jill Sonbudtasan. “So there’s the issue of the Fifth Amendment, specifically that says that no person shall be deprived of life, liberty, and property without due process.”
Critics have raised serious Fifth Amendment concerns, arguing that ICE has been detaining individuals without probable cause and conducting searches without warrants.
Critics have pointed out that ICE is using unprofessional tactics, such as wearing masks, driving in unmarked vehicles, and, quite significantly, using excessive force.
On Jan. 20, the Biden-era rule designating “sensitive areas” such as schools, hospitals, and churches as “off-limits” to enforcement actions was lifted and restrictions were eliminated. Thus, ICE can now operate without restrictions in these areas.
The removal of protections for sensitive locations such as schools and places of worship has raised concerns among educators and advocates about school climates, particularly in immigrant communities.
“My daughters both attend public school on the East Side. In the neighborhood where I live, which is predominantly Latino, and their school is predominantly Latino, there has been a lot of ICE activity, and also around their school campus. In the mornings, around drop-off time, even as recently as last week, ICE was present,” said Dean of Students Blake Dorfman.
With ICE now permitted to operate in sensitive areas, many are expressing concern that this could lead to dangerous raids in schools.The L.A. Times reported that in April, ICE agents attempted to enter two elementary schools in Los Angeles to detain several suspected undocumented immigrants.
Agents were turned away when the teachers discovered that the officers had no search warrants.
As immigration raids increase, warrants could be issued, giving ICE an easier path to entering sensitive areas. Even if raids never take place in schools, ICE can still detain people outside of schools.
It is extremely important to note that ICE can detain individuals temporarily without a warrant if they have probable cause and believe that the person has broken an immigration law.
Large detainments outside of schools have raised concerns as to the citizenship status of the detainees.
“Critics are raising the concern of legal residents being detained in these roving sweeps, and that those constitutional amendments are not being afforded to them,” said Sonbudtasan as she discussed how the Fourth and Fifth Amendments fit into ICE’s role.
A question on the minds of students, teachers, and staff is: what steps should I take if ICE comes?
There are several different things you could do in various scenarios. If agents appear on campus, students should immediately contact a staff person.
If an ICE agent requests to enter your school, officials would ask if they had a search warrant. If they do not, it is at the school’s discretion to let them in. However, if they have a warrant, schools must comply. It’s also important to understand that they do not have to show the warrant.
If agents were to attempt to enter your home, they would need a judicial warrant signed by a judge. Agents can’t enter a residence without one. They can make arrests without one, but can’t enter private property without one.
With all the events taking place around the country, we must make sure that our constitutional rights are being upheld without putting ourselves in danger.
For more information check out the American Civil Liberties Union website.
