“It’s no longer Officer Friendly out there,” Whitlock says. “This is not to give any excuse, but I can imagine there is a mindset within the field ICE agents and CBP where they really do think they’re under attack and being threatened. And no one is above the law, but I think it’s important for people to understand that there are going to be limited forms of trying to hold these officers accountable in practice.”
On the Scene
If you find yourself witnessing an immigration enforcement action, there are some things to keep in mind if you want to stick around.
“The goal is to be an observer and to document what is happening,” says Nathan-Pineau of the Immigrant Legal Resource Center. “The goal is not to go and try to intervene in the law enforcement action.”
Training materials from Siembra NC, a North Carolina–based grassroots organization working to defend its local communities from exploitation, say that the priority when ICE is present is letting agents know they are being observed and reminding people of their right to remain silent, while deescalating whenever possible and promoting safety. The group advises that if ICE operatives are conducting an arrest or traffic stop, responders should try to approach within their line of sight and identify themselves in the process.
Filming ICE behavior can let agents know they are being watched, potentially creating some accountability for their actions, as well as a digital evidence trail for any legal cases or proceedings that may occur at a later date. When interacting with federal agents as part of a group effort responding to ICE, Siembra NC recommends identifying yourself as a volunteer, and asking agents who they are, what they are doing, and what agency they work for. Then you can state that you will remain present to observe, while also recording any models of vehicles, license plates, and operatives at the scene.
“We always advise people that if the law enforcement officer that you are filming tells you to step back, you should step back and you should say it out loud—‘I’m stepping back, I’m stepping back.’ That way you’re recording that you’re complying with their order,” Nathan-Pineau says.
Multiple sources reiterated that recording federal agents has a dual purpose, because if your own behavior and that of the people around you is appropriate to the situation, this will be captured in your documentation as well as any officer misconduct. The fact remains, though, that peacefully filming interactions can be interpreted as aggressive or escalatory precisely because it is an accountability mechanism.
Proximity is one of the most important risks to assess when on the scene, says Xavier de Janon, director of mass self-defense at the National Lawyers Guild. “The closer people have been to federal agents or property, the more likely they’ve been charged, tackled, or arrested,” he says.
More and more, federal prosecutors are seeking criminal charges against people for allegedly assaulting federal officers, even if the cases ultimately don’t succeed and later get dropped. The NLG recently published a guide on how protesters and observers can assess risks related to the federal assault law.
Work From Home
Even if you can’t risk hitting the streets, there are other important ways to contribute to community safety efforts.
Civil liberties groups have been campaigning nationwide to ban real-time surveillance platforms and end lucrative contracts that feed information to ICE. You can contact the offices of your local officials and tell them to cancel surveillance contracts and stop information-sharing and other law enforcement cooperation that fuels ICE operations.
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