Can ICE arrest you for no reason?

Asked 8 months ago - Sunnyvale, CA

After reading about ICE workplace and home raids, it appears to me that ICE does not need reasonable suspicion or any reason to arrest somebody. Can they arrest you for no reason?

Additional information

EDIT: Apparently another attorney answered a similiar question and it appears they do need probable cause to arrest somebody. Here is the link: http://www.avvo.com/legal-guides/ugc/employers-rights-during-an-ice-raid

Attorney answers (4)

  1. Alfred Fargione

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . Of course not! When ICE conducts a raid they are not arresting people for nothing, they are arresting people for being in the country illegally.

    None of the above information is intended to constitute legal advice; rather it is intended to give the consumer... more
  2. F. J. Capriotti III

    Contributor Level 20

    8

    Lawyers agree

    Answered . "Arrest" for no reason?

    "Detain" to inquire as to someone's immigration status? Yes.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Geoffrey Alan Hoffman

    Contributor Level 16

    7

    Lawyers agree

    Answered . You can read about the ICE power to arrest in the federal regulations, 8 CFR Sec. 287.5 Exercise of power by immigration officers. It is available online at

    http://www.uscis.gov/sites/default/files/ilink/...

    No attorney-client relationship is created or implied by this communication.
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    6

    Lawyers agree

    Answered . You are exactly correct, the ICE does not need any criminal pretext of a criminal reasonable suspension or probable cause as it enforced U.S. federal administrative law that does not require criminal burden of proof, therefore, the ICE may enforce it at work places, home raids and other places where any undocumented aliens may gather.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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