What Gives ICE the Right to Take People Off the Street?

In recent weeks, communities across North Carolina and beyond have raised urgent questions about the actions of Immigration and Customs Enforcement (ICE). Why are federal agents allowed to wear masks, avoid identification, and detain people without clear cause or warning? The answers lie in a troubling gap between civil and criminal law, and a growing lack of transparency in immigration enforcement.

Are ICE Agents Required to Identify Themselves?

Technically, ICE agents are supposed to identify themselves when carrying out enforcement actions. However, there are major loopholes. In civil immigration enforcement, agents are not always required to wear uniforms, provide identification, or explain the nature of their visit unless directly asked. Many use a tactic called “knock and talk,” which makes the encounter seem informal even though it is part of a targeted enforcement action.

Unlike local police, ICE agents are not consistently held to body camera policies or other transparency measures. This makes it harder for individuals and communities to hold them accountable.

Why Are They Allowed to Wear Masks?

ICE often claims that agents wear masks for officer safety, especially to prevent retaliation or online harassment. But in practice, masks also allow them to avoid identification during operations. This adds a layer of fear and confusion, especially in communities that are already vulnerable. The use of unmarked vehicles, plain clothes, and tactical gear reinforces an approach designed to intimidate, not protect.

Can ICE Really Detain People Without Warrants?

In many cases, yes. That is because immigration violations are considered civil offenses, not criminal acts. This distinction means ICE agents can detain people without the same legal safeguards required for criminal arrests. They do not need to provide Miranda warnings, and individuals may not have the right to a public defender. Most troubling of all, ICE agents frequently act without judicial warrants, relying instead on administrative paperwork that does not require a judge’s signature.

Is This Legal?

Under current law, much of it is. The U.S. Constitution still protects against unreasonable searches and seizures, but federal courts have granted ICE broad authority. Within 100 miles of any U.S. border (a zone that includes much of North Carolina) these powers are even greater.

Just because it is legal does not mean it is just. Many of these tactics violate basic principles of fairness and accountability.

What Can We Do?

• Know your rights. No one is required to open the door to ICE without a signed judicial warrant. You have the right to remain silent and to ask for a lawyer.
• Support local sanctuary policies. These policies can help limit ICE’s ability to use local resources for immigration enforcement.
• Call for oversight and reform. We need legislation that requires transparency, restricts masked raids, and ensures due process for all.

HCDP believes in a system rooted in justice, not fear. We call on our elected leaders to shine a light on these practices and demand better.