"What Do I Do if ICE Comes?"

The answer: I don't know

During Trump 2.0, a common question people ask immigration lawyers like myself, especially in social settings, is “what should I do to protect people from ICE?”

People who are civically engaged tend to have a hand in a lot of socially beneficial places: free medical clinics, food banks, churches, etc.

They want to be prepared.

And in short – I don’t know what to tell them.

Because legally speaking, “what can ICE do in the course of their duties?” is a hotly contested question.

There’s only one “Law”, but it’s not totally settled here.

To illustrate: the 4th Amendment to the Constitution prohibits unreasonable search and seizure. Always has, always will.

But ICE has issued an internal memo asserting it has the right to enter homes without a warrant.

(Generally speaking, homes are much more protected, in terms of privacy, than public places and businesses.)

So what does that mean?

It means they’re not just going to do what lawyers or politicians or media personalities say is legal; they’re going to do what they say is legal.

At some point, the Judiciary will decide if they’ve crossed any lines.

BUT ONLY AFTER THE FACT.

So I don’t tell anyone to physically stand in ICE's way, to shout in their face, to call them names, to “stand up to them”, to provoke them, to tempt them.

Because that's not a fair fight.

Because you might get hurt.

Or so it would seem.

So to American citizens, the best I can do is: don’t let them in.

Keep the door closed.

Make them break down the door if they're just going to do that anyway.

Install security cameras, if you can (less triggering than filming with your phone, which of course, you "can" do).

Hang conspicuous signs that say “private area – authorized personnel only” where appropriate.

Don’t say a word.

If you must, observe. And weep.

 

If a freight train is coming for your neighbor, don’t jump on the tracks.

Find the serenity to help in other ways.