Suspend all ICE activities pending judicial review of their methods.
By: Antonia Scatton
Publisher: Reframing America
There are many, many demands we can make about ICE including reforming it, replacing it with something better, or at minimum, repealing the recent massive funding increases. But those take time. We need action now. We need to call for an immediate suspension of activities, an appropriately named “freeze,” to stop the harm right now. A temporary freeze is a good place to start. It is both drastic and reasonable.
WHAT: Our Demands
- FREEZE OPERATIONS pending LEGAL AND CONSTITUTIONAL REVIEW: Immediately suspend ICE activities and have agents withdraw to their local base. All out-of-state agents conducting “surge” activities should be returned to their home states until further notice.
- DETAINEE STATUS REPORT: No more “disappearing” people.
- List and account for every person detained or arrested by ICE and where they are now (including whether those detained were/are U.S. Citizens, people following the legal immigration process, previous status as a humanitarian parolee, DREAMers, long term residents with no record of violent crime, etc.)
- Every detained person must have the ability to contact their families and access legal representation and a fair and timely hearing.
- Assess the conditions of all detention facilities and assure that all detainees are being held under humane and legal conditions.
- INCIDENT REPORT: No more extrajudicial violence.
- Immediate inventory of all incidents involving shootings, beatings, injury, death, use of chemical weapons, as well as confrontation, investigation and/or arrest of protesters, legal observers, or U.S. citizens.
- Review the legality of above incidents and whether they violate constitutional rights, specifically the First, Fourth and Tenth Amendments of the Constitution.
- All cases of illegal arrest and use of force and/or violation of Constitutional rights should be referred to appropriate jurisdictions for prosecution.
- OPERATIONAL LIMITS:
- ICE must only arrest specific persons using judicial warrants. No racial profiling. No arrests in schools, churches, or medical facilities. ICE must not enter private homes or businesses without search warrants.
- ICE is not to conduct non-immigration-related law enforcement.
- DHS/ICE must provide and commit to clear definitions as to who is eligible for arrest on immigration law violations and why, such as record of being convicted of a violent crime or having crossed the border outside legal border crossings and being ineligible for the asylum process. DHS/ICE must provide and commit to clear definition of who is not eligible for arrest.
- DHS/ICE must agree to crystal clear terms of engagement and use of force: when agents are allowed to stop people, ask for identification, or draw and/or use weapons including vehicles, guns and chemical weapons.
- All arrests must be carried out with respect for due process and the Constitutional rights of suspects.
- Agents must not wear masks. Agents must identify themselves; with their name, department/division and badge number clearly visible. Vehicles must be clearly identified as ICE or DHS. Agents must use body cameras at all times.
- ENFORCEMENT AND RIGHTS OF OBSERVERS:
- DHS and ICE must agree to these terms before resuming operations. Concrete consequences of violating these terms must be laid out in advance and enforced.
- Protesters and legal observers must be provided clear definitions of their rights and responsibilities. Constitutional rights to protest and observe must be respected. We need clear definitions of what does or does not constitute “interfering” with federal agents. Consequences of clearly unlawful interference should be clearly defined in advance and proportionate, not a free pass for extrajudicial violence or murder.
- DHS/ICE must defer to and coordinate with state and local law enforcement. Agents should not operate without the approval of state leadership. Local law enforcement must be able to supervise activities and stop any violations. DHS and the FBI must share all evidence of incidents and work with state and local law enforcement on all investigations.
