What Is The Difference Between ICE and Police?

By Ralph Thomassaint Joseph | Documented
What to know in regards to the distinction between ICE and police

• NYPD can’t detain or deport individuals for immigration violations.
• Each ICE and NYPD are required to establish themselves in the event that they present up at your private home or enterprise.
• NYPD can’t switch individuals to ICE with out a judicial warrant.
• You don’t have to share your immigration standing with ICE or NYPD.
• Calling 9-1-1 doesn’t put the caller prone to being reported to immigration authorities.

That is what immigrants must know in regards to the position of the New York Police Division in immigration enforcement so that they higher perceive their rights and the way to shield themselves if both sort of officer questions them about their immigration standing.

What’s ICE and what does it do?

U.S. Immigration and Customs Enforcement (ICE) is a federal company below the Department of Homeland Security (DHS), created to implement immigration legal guidelines and shield nationwide safety. 

ICE brokers normally put on plain garments or tactical gear with insignia that reads ICE, DHS or ERO (Enforcement and Elimination Operations). They carry badges that establish them as brokers of those companies.

Additionally Learn: ICE At The Door? How Noncitizens Should Talk to Immigration Officers

ICE has the facility to:

• Arrest, detain, and deport people for immigration violations.
• Conduct raids to apprehend undocumented immigrants with legal information or excellent deportation orders.
• Examine immigration-related crimes together with human trafficking and fraud.
• Maintain people in immigration detention facilities whereas their circumstances are processed.

ICE doesn’t have the authority to implement state and native legal guidelines unrelated to immigration. The company should acquire warrants to enter non-public properties or conduct sure enforcement actions. ICE can’t compel native regulation enforcement companies to help with immigration enforcement in the event that they select to not cooperate. 

What’s NYPD and what does it do

The NYPD is accountable for implementing New York state and metropolis legal guidelines and guaranteeing public security. It doesn’t implement federal immigration legal guidelines. Since Trump took workplace, the connection between the NYPD and ICE has remained unchanged.

In accordance with metropolis and state legal guidelines, NYPD continues to work each day with federal regulation enforcement companies, together with ICE, on a variety of legal investigations, nevertheless, “the NYPD doesn’t implement federal immigration legal guidelines or take part in immigration raids,” a spokesperson with the Workplace of the Deputy Commissioner, Public Data, informed Documented.

Calling 9-1-1 doesn’t put the caller prone to being reported to immigration authorities.

NYPD officers put on customary police uniforms with “NYPD” insignia. They carry badges and identification playing cards that clearly state they’re a part of the New York Metropolis Police Division.”

NYPD has the facility to:

• Implement New York state and metropolis legal guidelines, together with responding to crimes, emergencies, and public questions of safety.
• Examine legal exercise and work with federal companies on legal circumstances (not immigration enforcement).
• Shield the rights of all New Yorkers, no matter immigration standing.
• Patrol NYC streets and the MTA subway.

The NYPD can’t detain people solely for immigration violations or switch them to ICE custody with out a judicial warrant. The NYPD is prohibited from asking about or sharing individuals’ immigration status except it’s instantly related to a legal investigation. 

ICE agents sometimes misrepresent themselves as police or probation officers, utilizing intimidation techniques, false tales, or deception to realize entry into houses or acquire info.

If this occurs, the ACLU of Southern California advises you to take the next steps:

• Confirm who’s on the door: Ask what company they’re from, request to see their identification or badge, and inquire in regards to the purpose for his or her go to. In the event that they declare to have a warrant, ask to see whether it is signed by a choose.
• Doc the encounter: Report the interplay on video, be aware of officer names and badge numbers, establish any witnesses, and write an in depth account of what occurred.
• Report the incident: Obtain the Mobile Justice app to document and report encounters on to the ACLU. You may also contact your native raids community or authorized service suppliers for help.

What to do if you’re questioned by ICE or the police

If you’re approached by police or ICE, realizing your rights will help shield you.

• You’ve got the precise to stay silent. Apply the phrase, “I’ve the precise to stay silent” in English so that you’re ready to say it out loud.
• You don’t have to consent to a search. Police might pat you down provided that they think a weapon.
• If arrested by police, you have got the precise to a lawyer. The federal government should present one.
• If detained by ICE, you’ll be able to seek the advice of a lawyer, however at your personal expense.
• You don’t have to reply questions on your immigration standing.

If you’re arrested or detained:

• Say “I want to stay silent and desire a lawyer.”
• Don’t signal something or make statements with out authorized recommendation.
• If arrested by police, you have got the precise to 1 native telephone name.
• If detained by ICE, you’ll be able to contact your consulate.
• Preserve your immigration paperwork protected and share your A-number with household.

In case your rights are violated throughout an encounter with police or ICE:

• Write down particulars (badge numbers, officers’ names, witness contacts). Each ICE officers and NYPD officers are required to establish themselves if they seem at your private home or enterprise. 
• Search medical consideration if injured.
• File a criticism with inside affairs or a civilian assessment board.

Should you consider your rights have been violated, you’ll be able to file a criticism with the NYPD’s inside affairs or the Civilian Complaint Review Board (CCRB).

You’ll be able to contact an immigration legal professional or an area immigrant advocacy group for authorized recommendation and assist. Organizations such because the American Civil Liberties Union (ACLU) and Immigrant Legal Resource Center (ILRC) present sources and help for people dealing with such conditions. 

Additionally Learn: How To Prep Finances, Childcare and More If You Fear Being Deported or Detained by ICE

Associated