What Is The Difference Between ICE and Police?

By Ralph Thomassaint Joseph | Documented
What to know about the difference between ICE and police

• NYPD cannot detain or deport people for immigration violations.
• Both ICE and NYPD are required to identify themselves if they show up at your home or business.
• NYPD can’t transfer people to ICE without a judicial warrant.
• You do not have to share your immigration status with ICE or NYPD.
• Calling 9-1-1 does not put the caller at risk of being reported to immigration authorities.

This is what immigrants need to know about the role of the New York Police Department in immigration enforcement so they better understand their rights and how to protect themselves if either kind of officer questions them about their immigration status.

What is ICE and what does it do?

U.S. Immigration and Customs Enforcement (ICE) is a federal agency under the Department of Homeland Security (DHS), created to enforce immigration laws and protect national security. 

ICE agents usually wear plain clothes or tactical gear with insignia that reads ICE, DHS or ERO (Enforcement and Removal Operations). They carry badges that identify them as agents of these agencies.

Also Read: ICE At The Door? How Noncitizens Should Talk to Immigration Officers

ICE has the power to:

• Arrest, detain, and deport individuals for immigration violations.
• Conduct raids to apprehend undocumented immigrants with criminal records or outstanding deportation orders.
• Investigate immigration-related crimes including human trafficking and fraud.
• Hold individuals in immigration detention centers while their cases are processed.

ICE does not have the authority to enforce state and local laws unrelated to immigration. The agency must obtain warrants to enter private properties or conduct certain enforcement actions. ICE cannot compel local law enforcement agencies to assist with immigration enforcement if they choose not to cooperate. 

What is NYPD and what does it do

The NYPD is responsible for enforcing New York state and city laws and ensuring public safety. It does not enforce federal immigration laws. Since Trump took office, the relationship between the NYPD and ICE has remained unchanged.

In accordance with city and state laws, NYPD continues to work daily with federal law enforcement agencies, including ICE, on a wide range of criminal investigations, however, “the NYPD does not enforce federal immigration laws or participate in immigration raids,” a spokesperson with the Office of the Deputy Commissioner, Public Information, told Documented.

Calling 9-1-1 does not put the caller at risk of being reported to immigration authorities.

NYPD officers wear standard police uniforms with “NYPD” insignia. They carry badges and identification cards that clearly state they are part of the New York City Police Department.”

NYPD has the power to:

• Enforce New York state and city laws, including responding to crimes, emergencies, and public safety issues.
• Investigate criminal activity and work with federal agencies on criminal cases (not immigration enforcement).
• Protect the rights of all New Yorkers, regardless of immigration status.
• Patrol NYC streets and the MTA subway.

The NYPD cannot detain individuals solely for immigration violations or transfer them to ICE custody without a judicial warrant. The NYPD is prohibited from asking about or sharing individuals’ immigration status unless it is directly relevant to a criminal investigation. 

ICE agents sometimes misrepresent themselves as police or probation officers, using intimidation tactics, false stories, or deception to gain entry into homes or obtain information.

If this happens, the ACLU of Southern California advises you to take the following steps:

• Verify who is at the door: Ask what agency they are from, request to see their identification or badge, and inquire about the reason for their visit. If they claim to have a warrant, ask to see if it is signed by a judge.
• Document the encounter: Record the interaction on video, take note of officer names and badge numbers, identify any witnesses, and write a detailed account of what happened.
• Report the incident: Download the Mobile Justice app to record and report encounters directly to the ACLU. You can also contact your local raids network or legal service providers for assistance.

What to do if you are questioned by ICE or the police

If you are approached by police or ICE, knowing your rights can help protect you.

• You have the right to remain silent. Practice the phrase, “I have the right to remain silent” in English so that you are prepared to say it out loud.
• You do not have to consent to a search. Police may pat you down only if they suspect a weapon.
• If arrested by police, you have the right to a lawyer. The government must provide one.
• If detained by ICE, you can consult a lawyer, but at your own expense.
• You do not have to answer questions about your immigration status.

If you are arrested or detained:

• Say “I wish to remain silent and want a lawyer.”
• Do not sign anything or make statements without legal advice.
• If arrested by police, you have the right to one local phone call.
• If detained by ICE, you can contact your consulate.
• Keep your immigration documents safe and share your A-number with family.

If your rights are violated during an encounter with police or ICE:

• Write down details (badge numbers, officers’ names, witness contacts). Both ICE officers and NYPD officers are required to identify themselves if they appear at your home or business. 
• Seek medical attention if injured.
• File a complaint with internal affairs or a civilian review board.

If you believe your rights were violated, you can file a complaint with the NYPD’s internal affairs or the Civilian Complaint Review Board (CCRB).

You can contact an immigration attorney or a local immigrant advocacy organization for legal advice and support. Organizations such as the American Civil Liberties Union (ACLU) and Immigrant Legal Resource Center (ILRC) provide resources and assistance for individuals facing such situations. 

Also Read: How To Prep Finances, Childcare and More If You Fear Being Deported or Detained by ICE

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