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President Donald Trump’s recent executive orders have drastically changed the landscape of immigration enforcement in the U.S. in recent weeks.
Over the weekend, there were multiple reports of U.S. Immigration and Customs Enforcement (ICE) arresting over 40 people in a raid north of Denver, and reports to Colorado’s Rapid Response Network have been up since President Trump’s inauguration.
Raids in the Roaring Fork Valley have been somewhat rare, but immigrant rights groups and attorneys are warning residents on the Western Slope that this could change.
Reporter Halle Zander spoke with Glenwood Springs attorney Claire Noone this weekend about what to expect if ICE comes to the Roaring Fork and Colorado River valleys.
Editor’s Note: This interview has been edited for length and clarity.
Halle Zander: If and when ICE comes to the Roaring Fork Valley to do some of these removal operations, what does it look like? What kinds of questions do they ask? Tell me a little bit about just the visuals.
Claire Noone: Most likely what's going to be happening is rather than ICE having the authority to come in and sweep up everyone out at a RFTA stop, sweep up everyone at City Market, just do these like huge removal operations, they likely have a handful of warrants for … someone's been through removal proceedings, been in front of a judge, received a deportation order, and they are coming to execute those warrants.
They cannot require you to show ID, they cannot require you to speak to them, tell them your status, answer questions without a signed judicial warrant, which means that it's a warrant by a U.S. court judge that specifically names you or your home, specifically names the time and date when they are executing the warrants, and is limited in scope.
Zander: Are there ways ICE officials may try to get around these limitations in their authority?
Noone: They have what is called an administrative warrant that is an ICE kind of internal unenforceable warrant that they use often to try to gain consensual entry into homes. So even if people feel safe in saying, “Yes, may I see a warrant?,” and they see an administrative warrant. They say, “OK, it’s signed. It says the word warrant. OK, I guess come on in.” And then they end up disclosing information that can then be used against them.
They kind of hope that people will get spooked and kind of play into that hand and expand their authority to arrest. When you run, that gives them the authority to do what's called a hot pursuit arrest. The other thing is that they go kind of door-to-door saying, “Hey, do you know, blah, blah, blah. I think he lost his phone. I'm trying to get it back to him. Do you know where he lives?,” trying to get more information.
Zander: Is it illegal to interfere with ICE if you see people being questioned?
Noone: There is a difference between interference and enforcement of rights. If someone is handcuffed and is being taken to a transport vehicle, it is unlawful to go and try to remove them or to run away with them. That would be breaking the law and interfering with the administration of justice.
What is lawful is helping people to exercise their rights. So let's say you see a neighbor being questioned by ICE or you see there's a checkpoint. It is entirely legal, appropriate to inquire in a polite and respectful way, “May I ask what agency you're from? May I see your badge and I.D. number? May I ask what you're doing, what you're stopping people for?” And then if you know someone is being questioned directly, kind of remind them, be like, “Hey, you have the right to remain silent.” That is a right that is granted to everyone in this country, regardless of status. You can always exercise your right to remain silent.
Zander: While the Roaring Fork and Colorado River valleys are preparing for the possibility of increased immigration enforcement in the coming weeks and months, ICE is expanding operations across the country, trying to abide by President Trump’s orders.
To do that, they need various service providers to help them, to contract with them. Can you explain what exactly ICE is legally required to provide its detainees and what happens if they can't find these contracts?
Noone: So one of the huge hurdles to a mass deportation scheme is the ability to detain, house and give due process prior to this removal.
So there have been temporary detention facilities that pop up to house people in the event apprehensions exceed the available bed space. In order to open a temporary detention facility, ICE has to abide by a litany of international, national (and) internal regulations, and that includes to provide a warm bed, food, water, access to medical care, access to legal representation, access to mental health services, access to their consulate.
There's certainly very clear requirements. That is done by a piecemeal network of local service providers. If they're unable to contract for those needs, they cannot open facilities.
So what would happen is they would release people on bond and have people have to report to court. They would be limited in their large-scale operation in order for mass immigration deportation. In order for sweeps through communities, there has to be buy-in and there has to be collaboration. There has to be cooperation on every level.