New ICE Memo Allows for Wider Authority to Make Arrests Without Warrants, Fanning Concerns Over Civil Detentions.
The Immigration and Customs Enforcement (ICE) agency has been granted more leeway to carry out warrantless arrests of individuals suspected of being in the United States without proper authorization. A recent memo issued by acting ICE Director Todd Lyons has significantly expanded the grounds on which agents can cite to conclude that an administrative immigration arrest warrant would allow a suspect to flee.
Under current U.S. immigration law, officers typically require an administrative warrant before making an arrest. However, the law permits agents to make warrantless arrests if they believe someone is in the country without proper authorization and are likely to escape before a warrant can be issued. A new interpretation of "likely to escape," introduced by Lyons, has been met with criticism, as it now includes situations where the individual may simply refuse to cooperate or appear to pose an immediate flight risk.
The expanded authority allows ICE agents more flexibility in detaining individuals who are not the primary target of an operation but may still be deemed a threat due to refusal to comply with commands or possession of potentially fraudulent documents. These "collateral arrests" often involve immigrants accused of minor civil immigration infractions without serious criminal histories.
Critics argue that this new approach puts more power in the hands of ICE agents, potentially allowing for broader and more aggressive enforcement actions against immigrant communities. The agency's activities have been at the center of intense backlash in recent weeks, particularly following a series of fatal shootings involving federal agents in Minneapolis.
The Immigration and Customs Enforcement (ICE) agency has been granted more leeway to carry out warrantless arrests of individuals suspected of being in the United States without proper authorization. A recent memo issued by acting ICE Director Todd Lyons has significantly expanded the grounds on which agents can cite to conclude that an administrative immigration arrest warrant would allow a suspect to flee.
Under current U.S. immigration law, officers typically require an administrative warrant before making an arrest. However, the law permits agents to make warrantless arrests if they believe someone is in the country without proper authorization and are likely to escape before a warrant can be issued. A new interpretation of "likely to escape," introduced by Lyons, has been met with criticism, as it now includes situations where the individual may simply refuse to cooperate or appear to pose an immediate flight risk.
The expanded authority allows ICE agents more flexibility in detaining individuals who are not the primary target of an operation but may still be deemed a threat due to refusal to comply with commands or possession of potentially fraudulent documents. These "collateral arrests" often involve immigrants accused of minor civil immigration infractions without serious criminal histories.
Critics argue that this new approach puts more power in the hands of ICE agents, potentially allowing for broader and more aggressive enforcement actions against immigrant communities. The agency's activities have been at the center of intense backlash in recent weeks, particularly following a series of fatal shootings involving federal agents in Minneapolis.