Skip to main content

Can ICE arrest you for no reason?

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?

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

+ Read More

Attorney answers 4

Posted

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 sufficient information to determine whether or not they should consult an attorney regarding their legal matter.

Asker

Posted

I meant for example, if you are are a legal citizen and they have a raid at your workplace. You can be arrested without probable cause if you don't have proof of residency or citizenship on you.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

You are splitting hairs here. The fact is any undocumented alien in the U.S. is a free game.

Posted

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/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-29853/0-0-0-29919.html

No attorney-client relationship is created or implied by this communication.

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

to be exact "(a) Power and authority to interrogate and administer oaths . Any immigration officer is hereby authorized and designated to exercise anywhere in or outside the United States the power conferred by: (Introductory text amended effective 11/28/11; 76 FR 53764) (1) Section 287(a)(1) of the Act to interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain, in the United States...et all"

Posted

"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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Pristine guidance.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer