The United States, The Land of the Free, The land of Opportunity, is known for its persona of democracy, strength, and technological superiority, waving the flag of freedom of the people. Many see the United States as a country of the free where one can flee from persecution. This is largely because of the right promised to the country’s people. In the United States Constitution, there exists the Bill of Rights, an amendment to the Constitution outlining the rights of Americans.
The Bill of Rights, in essence, exists to protect Americans from their government. Considering recent events within the country, many are pointing to their unalienable rights for justice. Officers within the Department of Homeland Security’s Immigration and Customs Enforcement, or ICE agents as they are commonly referred to, have brought forth many questions of authority and legality relating to their actions. Americans are granted under the 1st amendment the freedom of speech and expression, freedom of religion, freedom to gather and petition, and freedom of the press. To interpret this according to the topic, the government and any of its agencies have no right to persecute those in the U.S. for anything they say. The government has no right to silence a legally adhering protest. This means that anyone can protest against ICE agents as much as they’d like, so long as they are not obstructing. Citizens can also say whatever they’d like to an ICE agent and the agent would have no right to do anything about it, this includes colorful language. The exception is, citizens can not threaten the agent. According to 18 U.S.C. § 115, threatening to harm federal agents, including ICE agents, or their immediate family, make the perpetrator liable to face a fine or jail time of no more than 10 years, or no more than 6 years if both punishments are exacted.
The second amendment allows Americans to possess firearms. While this is completely protected at the federal level, specific gun laws are up to the discretion of the individual state. For involvement with ICE, citizens are theoretically allowed to bring a firearm to a protest, however it is best to read your state’s laws on open or concealed carry. Some states allow authority to restrict weapon carrying privileges at certain events. The possessing of certain weapons on government ground can result in a class six felony. Other than that, laws regarding the legality of possession of a weapon during a demonstration vary by state. As for the discharge of a firearm, citizens are legally allowed to discharge a firearm when reasonably protecting oneself, others, or property. However, under 18 U.S.C. § 111, it is illegal to discharge a firearm at a federal agent, regardless of the legitimacy of their actions. Resistance to such actions should take place in court.
Under the fourth amendment, a citizen may not have their affects or person searched without consent with some exceptions. Federal officers may search citizens or their assets without consent if they possess a judicial warrant. They may however search someone without question if evidence relating to a crime is in plain view. When an automobile or home is involved, the requirement to perform a search is lowered to probable cause. If an officer has reasonable suspicion that you may be armed and dangerous, they may perform a limited pat-down search for weapons only. Reasonable suspicion is when there are articulatable facts that suggest criminal activity an agent must point to concrete observable behavior. Probable cause requires more evidence than reasonable suspicion and allows for an arrest to be performed.
Under the sixth amendment, ICE agents or other officers can not hold a person in detention without trial as those accused of a crime, including immigration crimes, must receive a speedy trial. The maximum time someone can be held varies by state however, with some maximums reaching 175 days.
Also incredibly important is the eighth amendment which states that nobody convicted for a crime or in custody or detention may be subject to “cruel and unusual punishment”. Cruel and unusual punishment is a term used to describe the unfair treatment of those facing the law. Under this protection, any and all persons shall not be subject to excessive force, sexual violence, or an unclean or unsafe environment where medical attention may not be provided. If they are to be confined, their confine must not be overly crowded. Punishments that inflict an unnecessary amount of pain shall not be employed. Sentences for those convicted or confined must not exceed a reasonable length. If an ICE agent were to detain someone and send them to a detention center and any of these are not met, then a case may be made in court.
These are just some of the rights outlined in the Bill of Rights. There are more rights for citizens other than these, and many more than that which are state respective which could change an interaction with an ICE agent. It is important to do individual research as our rights, because I believe it is our responsibility as the people of a free nation to know our rights.
