The activities of ICE agents in Minneapolis and other places have captured the news headlines during the past month. These include the tragic killing of US citizens Renee Good and Alex Pretti, and the detention and deportation of undocumented immigrants, immigrants with appropriate legal status, and U.S. citizens alike. The ICE tactics have been quite controversial. According to most polls, two/thirds of Americans believe the ICE tactics have “gone too far”, with 22% saying the actions were “about right”, and only 12% affirmed they did not go “far enough”. Even President Trump has stated the killings of Pretti and Good “should not have happened”.
This coming week members of Congress will debate and vote on possible ways to rein in the excesses of ICE’s actions. These votes will take place within the context of the funding for the Department of Homeland Security. Presently, there is a deep divide between Republicans and Democrats. It doesn’t have to be this way. If our representatives in DC would humble themselves, set aside their partisan concerns, and apply one reasonable criterion, we would reach a consensus almost immediately. What is that criterion? We should apply the same regulations to ICE that we use for all other law enforcement agencies in the United States (like local police, the FBI, etc.).
What are the proposed restrictions? Here is the list of ten ways to rein in ICE. They seem quite reasonable to me.
- Targeted Enforcement – ICE agents cannot enter private property without a judicial warrant signed by a federal judge. This is a standard legal requirement among local law enforcement personnel. The fact that over 72% of ICE detainees have no criminal history reveals an abuse that could be resolved by requiring targeted enforcement.
- No Masks – ICE agents should not wear masks to hide their identity. Citizens have the right to know who is detaining them. An exception would be permitted only if agents were ‘under cover” for a specific authorized reason.
- Require ID – This regulation would require ICE agents to verbalize their ID number and last name if asked. This is standard law enforcement procedure.
- Protect Sensitive Locations – Prohibit the use of funds for ICE enforcement near medical facilities, schools, childcare facilities, houses of worship, polling places, courts and other sensitive locations. This is standard law enforcement procedure.
- Stop Racial Profiling – These rules would ban stops, questioning and searches based on presence at certain locations, jobs, spoken language, accent, race or ethnicity. Racial profiling should have no place in our United States today.
- Uphold Use of Force Standards – We need regulations that codify reasonable use-of-force policy, expand training and require officer certification; and remove agents from the field pending investigations after incidents. Although we cannot eliminate all ambiguity, we should codify as much as possible, just like police forces do throughout our country
- Ensure State and Local Coordination and Oversight – This should not be a point of disagreement. We need rules to preserve state and local authority to investigate potential crimes and excessive force; that require evidence preservation and sharing; and that require consent of states and localities for large-scale operations outside targeted enforcement.
- Build Safeguards into the System – We need rules that require immediate access to attorneys for those in detention; This is standard law enforcement procedure and would allow states to sue DHS for violations.
- Body Cameras for Accountability – This rule would mandate body-worn cameras and establish storage/access rules. This is now standard procedure for most police forces. Secretary Noem has already agreed to mandatory usage of body cameras for ICE agents.
- No Paramilitary Police – We need a rule that regulates and standardizes uniforms and equipment to align with civil enforcement. This seems to me as a “no-brainer”.
Your comments of agreement and/or disagreement are welcomed.