Know Your Rights: How to Safely Document ICE
Photo by Charles Reed/U.S. Immigration and Customs Enforcement via AP
As ICE raids continue and Anti-ICE protests are on the rise from coast-to-coast, it’s important to know how to safely document ICE (U.S. Immigration and Customs Enforcement), a right protected under the First Amendment. Because we already know what to do if ICE comes to your door or work (¿Qué hacer si ICE llega a su casa o trabajo?). But what if you’re on the outside looking in? What if you’re a neighbor seeing someone being detained/questioned by ICE? Or what if you’re randomly on the street and see someone being detained/questioned by ICE? What do you do?
According to the ACLU Foundation of Southern California, you should “Verify, Document, and Report.”
Verify their identity and purpose by looking at their uniforms to see what agency they’re from. You can ask what department they’re from and proof of who they are via a business card or badge.
Document the encounter with video or audio and note names, times, and details.
Report what happened and “seek legal assistance if necessary.” That can be done by reaching out to your states Rapid Response Network, sharing the video on social media*, or reporting the incident to your “consulate or a community organization that works with immigrants.
When documenting ICE, remember the following according to the Immigrant Defense Project:
- It’s legal to film/take photos of ICE regardless of your immigration status
- Make sure to film openly — some states have laws prohibiting secret recordings**
- Physically interfereing or not complying with an order to back up can put you in danger and risk your arrest
- Even if an ICE agent tells you to stop recording, you can continue to record as long as you do not interfere with the arrest
The Immigrant Defense Project also provided additional information that adds you can note the date, time, address, and number of officiers during an ICE encounter. You can also note how they were dressed and what you heard.
* When posting on videos or photos on social media of ICE encounters, share responsibly.
**Secret recordings are tied to wiretap laws, which vary state to state.
The information provided above is meant for educational purposes only. This is not intended as and is not a substitute for legal advice.