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Can ICE agents enter food banks or partnering
agencies? Open areas yes, private areas no, unless they have a
warrant.
ICE agents can enter areas open to the public, such as a parking
lot, without a search warrant or consent.
If ICE agents want to enter private areas, they must have a valid
search warrant issued by a court, or receive consent from the food
bank or agency. An area is considered private if the individual
reasonably expects it to be private, such as a locked or otherwise
restricted area. Food banks may take precautionary measures such as
1) placing locks on doors to restricted areas; 2) posting signage
identifying areas as private/restricted/employees only; and 3)
establishing a policy to identify which areas of the food bank are
open to the public and the circumstances when non-employees may
enter restricted areas, including a policy that does not allow
anyone into private areas without a manager’s approval.
?誗 Generally, individuals who work at a food bank/agency may consent
to searches of areas they have control over. A search warrant is
different than an ICE administrative warrant (sometimes called a
“removal warrant”), which does not grant ICE agents permission to
enter private areas.
?誗 Currently, there is a special policy for “sensitive locations,”
such as schools, hospitals, and places of worship. ICE should not
carry out enforcement actions such as arrests, interviews or
searches in these locations, though this policy is subject to
change.
?誗 Can ICE stop and question individuals at food banks and
partnering agencies regarding their immigration status? Generally,
yes.
?誗 ICE agents can question any person they believe to be an alien to
determine whether he or she is legally present in the United States.
?誗 A person’s ethnicity or race is never, by itself, sufficient to
stop that person for questioning, but may be considered along with
other factors, such as inability to speak English, nervous or
evasive behavior, or information from a reliable informant.
?誗 Noncitizens should always carry immigration papers and produce
them to an ICE agent if requested. Failure to produce immigration
papers can result in detention.
?誗 Can ICE take data or documents from food banks or partnering
agencies? No, unless they have a warrant.
?誗 ICE agents need a warrant to seize data or documents unless the
food bank or agency consents to the search. ICE administrative
warrants do not grant agents a right of entry into a private area or
the right to take documents or data.
o If ICE does seize evidence illegally, it may still be used in
civil deportation proceedings.
?誗 Is anything different for food banks or agencies near the border?
Yes, ICE has more authority.
?誗 ICE has additional authority to search vehicles within 25 miles
of a US border. It may stop a vehicle and question the occupants if
the agent suspects that the vehicle contains undocumented persons.
ICE may also enter private land to question people without a
warrant, though it may not enter places where people live for this
purpose.
This document is for informational purposes only and not for the
purpose of providing legal advice.
You should contact your own counsel to obtain advice with respect to
any particular issue or problem. |
