Ice In NJ: Know Your Rights And Lawmakers’ Efforts To Push Back

By Sarah Shockey | NJ State House News Service

As ICE activity continues around New Jersey and state lawmakers weigh measures to promote accountability, legal experts say it’s important for residents to know their rights.

“It’s important so these communities can feel that at least they’re informed,” said Alan Pollack, an adjunct professor at Rutgers Law School. “They can feel a little more secure or safe in knowing what their rights are and what they should do, and also for them to have a plan of action.”

People have constitutional protections when interacting with Immigration and Customs Enforcement, including the right to remain silent and refusal to consent to searches without a warrant. 

ICE typically acts under administrative warrants, which authorizes officers from a designated federal agency, such as an ICE agent from the Department of Homeland Security to make an arrest or a seizure. 

“They [ICE] have no right to come into a private home or private business unless they have a federal judicial warrant,” Pollack said. “An administrative warrant does not give them any such authority despite what they may or may not say.”

Unlike a judicial warrant issued by a court, an administrative warrant doesn’t authorize a search. Therefore, an ICE agent who has only an administrative warrant may not conduct a search based on the warrant, though, in certain circumstances, the administrative warrant would authorize the agent to make a seizure or arrest.

Judicial warrants give law enforcement officials authority to search private property, such as a house, car or phone.

In terms of preparedness, Pollack suggests having a proof of documentation handy at all times.

“We always recommend that people carry at least a copy of their documentation, whatever it may be, at least on their cell phone,” Pollack said. “So that they can offer it and show it to the officer if they choose to take a look at it and verify their actual status.”

But, Pollack said state power cannot usurp federal authority. Because ICE is a federal agency, institutional change must come from lawmakers in Washington.

If a state tries to make ICE actions a crime, legal challenges are likely. 

“Even if they make it criminal, there’s still a constitutional issue as to whether that would be enforceable as against a federal agent and who’s conducting in the course of their authorized job,” Pollack said. “So those two could potentially come into conflict. But I would say from a political and effectiveness point of view, it’s still great that the state may be willing to do that, because it sets a message and sets a tone that this is not acceptable in the state.” 

Partnerships between state and federal agencies, known as 287(g) agreements, complicate things even more. These cooperative agreements allow local enforcement agencies to perform immigration enforcement functions. While none exist in New Jersey after the state ended the practice in 2019, over 1,000 agreements exist elsewhere across the country. 

“It just creates a lot of mistrust between local law enforcement and communities,” said Jaya Ramji-Nogales, a professor of immigration law at the Temple University Beasley School of Law in Philadelphia. “That’s why a lot of municipalities have declined to enter into a 287(g) agreement, because they’re worried about keeping communities safe. And if you have groups of people in the community who aren’t going to report crimes, it’s very hard to keep the community safe.

City officials in Philadelphia introduced their “ICE OUT” legislative package in January. Cooperative agreements are outlawed under their sanctuary city haven, but the new package looks to prohibit other collaborations with ICE, unmask officers, and requires action only if they have a judicial warrant. 

Similar legislation to unmask officers is pending in Trenton. And one of New Jersey Gov. Mikie Sherrill’s first actions this year was signing an executive order preventing ICE agents from staging operations on state property. The federal Department of Justice has filed a lawsuit challenging her order.

Ramji-Nogales, who works in North Philadelphia, recalled receiving notice of a raid in Philadelphia.

“Immigrant communities are really living in an authoritarian space,” she said. “And that just of course, sends everyone in the neighborhood into lockdown and into a state of fear, which is just not the way any human should be living in this country. It’s anti-American.”

Some New Jersey universities have held workshops aimed at informing immigrant communities.

Over 300 faculty, administrators, and staff at Rutgers University attended a virtual “Know Your Rights” workshop in early March.

In response to student concerns, Rowan University’s Student Government Association held a first-ever “Know Your Rights” workshop in February.

The workshop was led in part by Yuval Saar, SGA’s assistant vice president of student advocacy and community belonging. Saar said some students expressed fear that the immigration enforcement trends could impact their sense of safety or participation on campus.

The workshop took place after two Anti-ICE protests by both students and faculty on campus. At the end, participants were given “Know Your Rights” cards.

“With some students feeling like they must stop participating in campus life to feel safe,” Saar said. “We thought it was immediate and important to equip our peers with the tools they need to protect themselves and others.”

Proposed state legislation keeps communities optimistic. 

“New Jersey is sending the message that, you know, its citizens value everyone in the community and want to make sure that everyone feels safe. There are things you can do within the bounds of the law, to make it more difficult for ICE,” Ramji-Nogales said. “It is worthwhile passing those packages to help people in the community feel safe. And it’s also worthwhile just making sure everyone knows their rights, and everyone is working together.”