Kalle Benallie
ICT
With continued unrest and protests against United States Immigration and Customs Enforcement in Minneapolis and elsewhere across the country, tribal nations are issuing guidelines to tribal citizens on how to deal with ICE.
The Native American Rights Fund published a “Know your rights” document and some tribes are issuing free Tribal IDs in response to the increasing scrutiny of the federal law enforcement agency.
Faron Jackson, Leech Lake Band of Ojibwe chairman, released a statement about issuing free tribal ID’s to citizens and has opened communication with the Minnesota Governor’s office and Homeland Security.
He advised those who are detained to contact the RBC Tribal Council Administration at (218) 335-8200.
“We all have concerns with the safety of our children, family members, and friends. I am holding firm on the position that Homeland Security ICE Agents could have been more effective if they met with community leaders, elected leaders, and sought community support with the illegal immigration crisis facing our country,” Jackson said.
The Lac Du Flambeau Band of Lake Superior Chippewa Indians posted on their Facebook page an announcement saying they do not support or cooperate with ICE.
“We are deeply concerned by reports coming out of Minnesota involving the detention of Tribal members, as well as ICE activity being reported in areas near our community,” the tribe said in the post. “As Indigenous people to this land, our identity should never be questioned, challenged, or used as a reason for detention.”
The Native American Rights Fund released a fact sheet for those who are approached and detained by ICE, depending on the situation. Generally, NARF advises on recording Interactions if it’s safe to do or ask someone else to record, while not interfering with the ICE operation. Don’t panic and be calm if approached. If you’re not allowed to leave, ask if you’re being detained. If not, then you have a right to remain silent.
You don’t have to answer questions about another person’s identification or for information pertaining to another person’s whereabouts. Don’t lie about anything as it may be used against you.
Do not sign anything without consulting an attorney.
The organization can be reached for Native Americans who believe ICE has violated their rights and the full details provided by NARF for individuals and nonprofits can be found on its website.
Differences in administrative and judicial warrants
Administrative warrants are signed by ICE officers and do not allow entrance into home without permission.
Judicial warrants are signed by a non-immigration judge and names a person in the residence and/or specific areas that can be searched.
The National Immigration Law Center has more information on how to determine the type of warrants.
Public and private spaces
ICE can enter a public space without a warrant like an office lobby, a supermarket, retail store, or dining area of a restaurant. An example of a private space is an employee-only area.
At home
Do not open the door to receive the warrant, ask ICE to slide it under the door.
If ICE enters a residence, without permission or a valid judicial warrant, don’t physically resist because of potential criminal charges. Express there is no consent to enter or search the home. There is a right to remain silent.
At work
ICE cannot enter private space unless from the permission of the employer of a judicial warrant.
In a car
You must pull over for any type of law enforcement officer, including ICE. They may not answer questions, but you’re allowed to ask them to identify themselves, what their name is, what law enforcement agency they’re from and what’s their badge number.
Drivers have to provide a driver’s license if asked, but passengers don’t have to or share any personal information unless being detained. However, NARF advises to show ID regardless.
If they ask to roll down your window, you are required to do so but they can’t search the car without a judicial warrant. If they do, express that you don’t give consent.
If asked to exit the car, ask why.
If ICE approaches a minor
Minors have the right to remain silent and not answer questions about their immigration status, where they were born, their parents’ immigration status and their address.
Minors don’t have to legally carry identification unless operating a vehicle.
Access and communication to parents is a right.
Detainment
You have the right to make phone calls to family, friends, or a lawyer. You have the right to remain silent and consult with a lawyer. Do not say anything, sign anything, or make any decisions without a lawyer. If you are a U.S. Citizen, you should say: “I am a U.S. Citizen” and ask why you are being detained.
You can tell ICE you have medical issues or need to arrange for childcare. You can request an interpreter for any conversation with ICE if they do not speak your language.
Depending on specific detention facility rules, family, friends and lawyers can visit. You can request a list of free or low-cost legal service providers to seek representation.
An ICE Online Detainee Locator System can be found here.
Documentation
It’s recommended to document everything before and after detainment. Write down or make a voice note of badge numbers, the names of ICE agents, how many ICE agents you encountered, what they said and what they did. Take pictures of any damage to your car, your property or injuries that you have incurred. If injured, seek medical attention to document the injuries.
Tribal ID
Request to speak to a supervisor if Tribal ID is not accepted due to some ICE agents not being aware that a Tribal ID is a legal form of identification in the United States.
NARF does suggest to have a second form of identification.
Proof of citizenship and identification
ICE agents can ask for proof of citizenship but there are no federal laws that require U.S. citizens to carry, at all times, proof of citizenship like a birth certificate, a valid or expired U.S. passport/passport card, a Certificate of Naturalization, or a Certificate of Citizenship.
Safety Plans
Memorize emergency contacts. Keep important papers like birth certificates, medical records, children’s medical records, in a safe place where someone knows where they are. A copy/photo of your birth certificate or proof of citizenship may be helpful. A sample safety plan can be found here.
If there is guardianship of a child, identify emergency contacts that have authorization to make medical and legal decisions for the child. Provide the child’s school or day care with an emergency contact to pick them up.
Tribal Nations
Tribes can request or demand consultation from the Department of Homeland Security and the Office of Justice Services. Rodney Lockett is the director of Tribal Affairs at DHS.
NARF suggests hotlines can be set up to provide information on enrollment or tribal IDs. Tribes can have attorneys to speak to or have a criminal defense attorney on retainer if their citizens are detained or face criminal charges.
NARF said ICE and the border patrol have authority to enter tribal lands to appropriately enforce federal law. They are not subject to the same limitations as state officials. However, they highly suggest tribes consult with their legal counsel on the tribe’s status, if it’s a closed reservation, specific statutes or treaty provision that may only apply to that reservation or community.
Federal agencies can enter into agreement with tribal law enforcement to carry out laws of the United States under 25 U.S. code section 2804 subsection E, but DHS still has to consult with tribes.