What is and isn’t legal when ICE officers make an immigration arrest

The Washington Post ^ | July 2, 2025 | Arelis R. Hernández

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Videos showing masked officers whisking people into unmarked cars have sparked outcry. A look at ICE’s powers as Congress prepares to give the agency a giant infusion of cash.

Undocumented immigrants are being swept off the streets by masked officers in plainclothes who refuse to give their names. Parents are being handcuffed in front of young children and escorted together onto buses and into detention centers. Officers are tackling people and smashing car windows as they make arrests.

Videos of arrests like these have gone viral on social media and sparked protests and outrage as the United States reckons with the ramifications of the Trump administration’s push to deport millions of unauthorized immigrants.

So what is and isn’t illegal when ICE makes an arrest?

U.S. Immigration and Customs Enforcement was created after the Sept. 11, 2001, terrorist attacks as part of a major overhaul of the federal national security apparatus. Congress gave the agency substantial authority over how immigrants who do not have a legal status in the United States are detained and deported. And while the Trump administration has upended norms, much of what the public is seeing is permitted under U.S. law.

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If President Donald Trump’s massive spending bill is approved, undocumented immigrant arrests and deportations are expected to dramatically ramp up. Here’s what to know about how officers conduct an arrest.

What to know

• Can federal officers make immigration arrests without a warrant?
• Can ICE officers make arrests at a private business or home?
• Do ICE officers have to identify themselves?
• Can federal officers making immigration arrests wear masks over their faces?
• Can ICE detain a person who is applying for legal status or given a temporary one?
• Does ICE have to share where someone...

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It is a violation of the Free Republic consent decree to post links bypassing paywalls.

[dennisw]

I see them posted all the time. Plus when was the Free Republic consent decree? 25 years ago? When there was no www.archive.is to go to.

Just asking.

[E. Pluribus Unum]

Plus when was the Free Republic consent decree? 25 years ago?

When was the US Constitution signed? 250 years ago?

[dennisw]

So you are an originalist when it come to the FR consent decree. If you have the text let me know.

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Is the Free Republic consent decree which prohibits linking to paywall bypassed articles still in effect?