ICE’s deployment of agents to airports across the country to help the understaffed TSA has panicked many who fear airports will become sites for violent ICE action. Immigration officers asked to help the Transportation Security Administration ease long lines at airports aren’t supposed to be performing regular immigration enforcement duties due to a funding shutdown for the Department of Homeland Security, but immigration experts are advising people to stay safe. Indian-origin immigration attorney Saimithra Reddy posted a video of ICE’s deployment at airports and said she did not intend to spread fear but to educate people because ICE has greater discretion and can ask anyone for proof of residency.
Reddy said those in a gray area where effectiveness is not clearly defined should avoid traveling now
ICE has broad authority and can question anyone, including lawful permanent residents and U.S. citizens, about their legal status and request documentation proving their legal status, Reddy said, adding that if someone refuses to comply with their requests and questions, they can pull those people aside for further screening or questioning and can detain them.
Legal experts say U.S. citizens have the right to remain silent when questioned by law enforcement, including ICE agents, except for basic identification in certain circumstances. They say legal permanent residents and visa holders also have important rights at airports, although their situations are more complicated. Noncitizens, especially those without legal status, may face more extensive questioning by ICE. However, they still have key rights: the right to remain silent, the right to refuse consent to searches of personal belongings in certain circumstances, and the right to request a lawyer if detained.
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