Rumors of the United States Immigration and Customs Enforcement (ICE) presence in the community compelled Insight to look into them and check their validity.
Insight visited local businesses 85°C Bakery Cafe and U-Haul in Covina where students and community Instagram accounts like @lapuente626sgv and @westcovina626sgv posted ICE sightings. These social media accounts often share community updates, breaking news, or unusual events to bring awareness to community events.
Insight contacted both social media accounts as they had stories that alerted people about ICE sightings, but were unable to reach them for a response on why they posted those sightings.
ICE enforces U.S. immigration laws, protecting the U.S. from cross border crime and undocumented immigration that threaten national security and public safety. These actions can separate families, lead to prolonged detention in immigration facilities and create fear within immigrant communities.
The Constitution grants certain rights to immigrants lacking permanent legal status and protects them from the overreach of government authorities such as ICE.
This Amendment states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This constitutional right ensures that people are protected from unreasonable searches or seizures by law enforcement agencies.
- Therefore, ICE cannot enter one’s home or search personal property without a search warrant, which is issued by a judge
- This Amendment ensures that an individual’s privacy is respected and protected from any government actions unless of probable clauses.
The Fifth Amendment also protects individuals from self-incrimination and states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” This amendment gives individuals the right to remain silent.
- If a person is confronted by ICE agents, they have the right to not answer any questions or provide information that can be used against them. This can prevent self-incrimination.
- Additionally, the Amendment also states that a person’s rights of life, liberty, or property cannot be taken away without fair legal procedures, which may include a hearing in court.
The Sixth Amendment guarantees rights for individuals facing criminal charges, treated fairly under one law and applies to anyone. This amendment states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation.”
- One of the most vital parts of this Amendment is that any individual has the right to a public trial, meaning that people can’t be detained for periods of time without their case being addressed, preventing unnecessary delays in immigration hearings or deportation proceedings.
- Under this law, people also have the right to be well-informed of their charges, which ensures a person knows why they are facing legal action.
- Under this Amendment, a jury is appointed to the case to ensure an unbiased and fair trial.
- This Amendment guarantees the person detained is properly represented by a lawyer, no matter their financial status.
Lastly, the 14th Amendment offers the Due Process Clause which ensures that people aren’t deprived of their rights such as life, liberty, or property without fair legal procedures. Before deportations occur, the governing agency must follow legal steps and give the person an opportunity to defend themselves in court.
Along with the 14th Amendment there is also the Equal Protection Clause which ensures that everyone is treated equally under the law, protecting them from any discrimination. This protects people from being not dealt with based on immigration status.
Although there are many more rights in the Constitution that can help protect individual freedoms,the Fifth, Sixth, and Fourteenth Amendments are the most significant for immigrants lacking permanent legal status to know as they ensure that immigration enforcement is carried out fairly and lawfully.
