U.S. Immigration and Customs Enforcement officials 鈥� or ICE 鈥� launched raids and enforcement actions in major cities across Texas and all over the U.S this weekend, and there鈥檚 likely more to come.
Here are a few things to know about how ICE deportation enforcement works, what鈥檚 legal and what鈥檚 not.
Why are these ICE operations happening now?
Deportations are not new 鈥� ICE engaged in deportation efforts during former President Joe Biden鈥檚 time in office, and the agency always can. What鈥檚 happened since President Donald Trump took office, however, is a change in how the federal government prioritizes which populations without legal status should be arrested.
Federal officials issue guidance on the practice of , which is the power federal prosecutors have to decide whether a case against a noncitizen is actually a priority and should be pursued.
The transition from a Democratic to Republican administration often leads to guidance that puts limits on prosecutors' use of discretion. Belinda Arroyo, a Dallas immigration attorney who primarily represents families and individuals facing deportation, said the Trump administration's return to encouraging federal prosecutors to pursue criminal and immigration cases more aggressively means more people are susceptible to immigration enforcement now and less likely to see their cases dismissed.
It鈥檚 likely because the Trump administration wants to see enforcement numbers grow, she said.
鈥淎s immigration attorneys, we know that that means you're going to go for the low-hanging fruit,鈥� Arroyo said. 鈥淭hat generally is people who have already run through the system, even though they may not be a priority in terms of criminal behavior, but you can put up a number like, 鈥榟ey, we caught somebody.鈥欌��
Tom Homan, who Trump has described as his border czar, the ICE arrests have also included collateral detainees 鈥� people who get swept up in immigration law enforcement even if they weren鈥檛 the initial target. NBC reported ICE arrested 223 more people than the agency claimed on X 鈥� and nearly half of them didn鈥檛 have criminal records.
Who is most at risk of being taken into ICE custody?
Lawful permanent residents 鈥� or green card holders 鈥� are not at risk for deportation, Arroyo said. These are noncitizens who have been authorized to live permanently in the U.S.
But some people permitted to live in the U.S. temporarily because of ongoing strife in their home country 鈥� also known as temporary protected status, or TPS 鈥� may now be subject to deportation, specifically Venezuelans. New DHS Secretary Kristi Noem she鈥檇 be revoking the 18-month extension of TPS the Biden administration extended for Venezuelan natives, which was granted because of "the severe humanitarian emergency the country continues to face due to political and economic crises under the inhumane Maduro regime."
No matter how someone entered the country, they can tell a U.S. Customs and Border Protection official they鈥檇 like to seek a form of protection from deportation, like asylum, which can be granted to those fleeing their home country for fear of persecution or harm. Then the person receives a notice to appear, and they can make their plea to remain in the country in front of an immigration judge.
People who have legal status but have certain criminal convictions, those with pending cases and individuals with final orders of removal will likely be targeted for deportation. Those without legal status who didn鈥檛 interact with immigration officials at the border are also at risk.
Even if someone is in the process of being granted asylum or is under parole, they may be susceptible to arrest and possibly deportation under the White House鈥檚 new immigration orders. , immigration officials can deport someone before they see an immigration judge if they鈥檝e been in the U.S. for less than two years in what鈥檚 known as . The process was previously limited to people found within 100 miles of the border and within 14 days of their arrival in the U.S.
.
These quickly shifting policies are adding to the confusion over who has legal status, said Natalie Nanasi, a law professor at Southern Methodist University whose studies and law clinic focus on the intersection of gender and immigration law.
鈥淥ne day you're here lawfully and the next day with the stroke of a pen, you're not,鈥� she said. 鈥淚 don't know that that's really what people imagined when they wanted to see this country getting tough on immigrants, people who, again, came in the right way.鈥�
Although the Fifth Circuit Court of Appeals declared DACA unlawful in Texas in a ruling Friday, DACA recipients can still renew their status, and their work permits are valid.
Does an ICE arrest mean someone is being charged with a crime?
Unlawfully entering the U.S. is a federal crime, but simply being in the U.S. without legal authorization is not.
鈥淭ypically what you're seeing is kind of in the civil enforcement,鈥� said Javier Hidalgo, one of the legal directors at the Refugee and Immigrant Center for Education and Legal Services or RAICES. 鈥淚n layman's terms, basically, you don't have authorization to be here.鈥�
Even though that's the case, and while the Trump Administration says it鈥檚 only targeting criminals,
ICE can arrest anyone for being in the country in violation of immigration law 鈥� even if that person doesn鈥檛 have a criminal record. And in those civil enforcement cases, there鈥檚 no constitutional right to an attorney for the detainee like there is in criminal cases.
Noncitizens still have the right to due process and the right to protection from self-incrimination under the Fifth Amendment.
鈥淭he caveat is we're in a day and age where 鈥� who knows what ultimately is going to be decided?鈥� Hidalgo said. 鈥淏ut the general consensus is absolutely yes, a lot of those same rights apply.鈥�
Does ICE need a warrant to arrest someone?
An ICE warrant, also known as an administrative warrant, allows an agent to arrest the person for which the warrant is issued. But it doesn鈥檛 allow an agent to demand entry into someone鈥檚 home or a private space. Only a judicial warrant, which has been reviewed and signed by a judge, grants a law enforcement official that power.
While it鈥檚 possible an ICE officer will attempt to obtain a judicial warrant before attempting to enter a space, it鈥檚 unlikely, Arroyo said.
鈥淚f somebody shows up at your home, you have the right to ask, 鈥榳here is your warrant? And not your administrative warrant, but your judicial warrant to enter my home,鈥欌�� she said. 鈥淯nder the Fourth Amendment, we have that protection.鈥�
Where is ICE allowed to arrest people?
A 2021 memo issued by Department of Homeland Security Secretary Alejandro Mayorkas under the Biden administration discouraged immigration officials from conducting any enforcement actions at schools, health care facilities, places of worship, places where children gather, social services establishments, places providing disaster or emergency relief, religious or civil ceremonies and ongoing parades, demonstrations or rallies.
The idea was to avoid discouraging people from sending their kids to school or seeking medical attention when they need it, Nanasi said.
But that guidance was rescinded Jan. 20. The newest memo, issued by Acting DHS Secretary Benjamine Huffman, encourages law enforcement to continue using that discretion along with a 鈥渉ealthy dose of common sense,鈥� stating it鈥檚 not necessary for DHS to create bright line rules for where immigration laws can be enforced.
鈥淚 have heard from people who are planning events at churches who are afraid of what is going to happen to them 鈥� meaning the organizers 鈥� the people who are leading our places of worship, the doctors, the administrators at our hospitals, the teachers, the principals at our schools,鈥� Nanasi said, 鈥渘ot to mention, obviously, so many people in our communities who may have irregular immigration status, who may be afraid to, again, do the things that that other people take for granted.鈥�
But the law 鈥� namely the Fourth Amendment, which protects from unreasonable search and seizure 鈥� still stands, , not just U.S. citizens. That means an ICE agent cannot come into someone鈥檚 home, school, church or any other previously recognized sensitive areas without a warrant.
The Biden administration also generally prevented immigration enforcement actions at courthouses unless it involved a national security threat, the imminent risk of death, violence or injury or the risk of criminal evidence material being destroyed.
The Trump administration New guidance encourages ICE officials and agents to generally enforce immigration actions in non-public areas of a courthouse, but to avoid courthouses and areas of courthouses where non-criminal proceedings happen, like family and small claims courts.
Correction: Overstaying a visa is not a crime under federal criminal law, but there may be civil penalties.
Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X .
四虎影院 is made possible through the generosity of our members. If you find this reporting valuable, consider . Thank you.
