What You Can Do as a Bystander During Immigration Enforcement Actions

Interacting with or witnessing law enforcement actions can be a scary experience, especially if the officers are acting quickly or aggressively. With increased Immigration and Customs Enforcement (ICE) and Customs Border Patrol (CBP) activities, more people are seeing federal officers detaining people in their neighborhoods and communities.

Everyone in Utah has rights and protections guaranteed by the U.S. and Utah Constitutions and laws. There are always safety and risk factors to consider when exercising your rights while engaging with law enforcement, including ICE officers. Many factors can increase those risks, including assumptions made by law enforcement, such as immigration status. It’s paramount to thoroughly assess your risks and safety, and be aware that federal or state law enforcement officers may attempt to target or retaliate against you for your actions in an unconstitutional manner.

This Know Your Rights can apply to law enforcement more broadly. The content below focuses on ICE and CBP because they fall under the civil system, which is designed to ensure compliance with deportation orders, rather than to punish, unlike law enforcement, including local police, which operates under the criminal system.

If you feel your civil rights have been violated during an interaction with law enforcement, contact the ACLU of Utah here.

• Yes, you have the right to discuss peoples’ legal rights with them, even if ICE or other law enforcement officers are detaining them. You must not interfere with the arrest.
• Explaining to others their rights and how to invoke them does not break the law, just as exercising your rights does not violate the law.
• People accused or suspected of breaking the law retain their legal rights, including when detained by law enforcement, and you retain the right to inform them about their legal rights.

You have the right to discuss, publicize, and share truthful information you obtain lawfully about ICE in traditional media outlets, online, and on social media.

• It can pertain to the conduct or operations of federal and state law enforcement officers, including areas of heightened activity.

• You have the right to record interactions with ICE and other law enforcement officials using your phone or other recording device.
• The First Amendment and Utah Code 76-8-305 give you the right to record law enforcement (including ICE) in public spaces while they are performing their duties in plain view, as long as you do not otherwise interfere.
• If officers ask you to step back, do so, but you can continue recording.
• Generally, law enforcement is allowed to order someone to stop taking photos or recording only if the person is doing so in a way that interferes with police activity.
• Law enforcement needs a warrant to confiscate or view a private individual’s photographs or video, and they may not delete a person’s data under any circumstances.
• You can and should record any identifying information of the ICE agents, including clothing, agency vests, badge numbers, car make and model, or car license plates.
• Some secure government areas, such as airports or military bases, may be subject to certain limitations on photos and recording, and private property owners may also impose their own restrictions on their property.

The First Amendment does not protect incitement, including violence, or "speech integral to criminal conduct,” including soliciting (asking for) or aiding and abetting (helping) a crime.

• Incitement requires intent, imminence, and likelihood: You must intend to provoke another person to break the law immediately, and your speech must be likely to do so.

Learn more about personal interactions with law enforcement and ICE.

• If you have a smartphone or other recording device, you should record the interaction.
  Extra tip: We suggest disabling face and fingerprint recognition to protect yourself, your family, and the people that you care about. Passcodes make it more difficult for agents to force you to unlock your device.
• Get contact information and copies of any recordings or photos from other witnesses.

Recording or writing down specific information is key. Be prepared to document particular information:

• Which law enforcement agencies are present?
• Where exactly are the ICE agents?
• How many ICE or Border Patrol agents are there?
• What is ICE doing?
• How long have the ICE agents been in that location?
• What, if anything, do you know about the person being detained

Know the common acronyms for federal agencies you may see on vests:

• ICE: Immigration and Customs Enforcement
• ERO: Enforcement and Removal Operations
• CBP: Customs and Border Protection
• DHS: Department of Homeland Security
• Write down everything you remember about what you witnessed.

• If possible, provide emotional support for the person being detained to help reduce risk factors.
• You can ask the person being detained if they have family, friends, or anyone else that they would like you to contact about what is happening.

Remind them of their rights:

• “You have the right to remain silent.”
• “You don’t have to answer questions.”
• “You have the right to call your lawyer.”
• “You don’t have to sign anything without a lawyer.”
• “You have the right to access information in a language you understand.”
• “Immigration agents cannot access non-public areas unless they have a valid judicial warrant signed by a judge.”

While it is important to remind everyone of their constitutional rights, do not direct anyone.

• For example, say, “You have the right to remain silent under the 5th Amendment” instead of saying, “Do not talk to ICE.”

• Yes, you are allowed to notify others of the presence of ICE through vocalization, whistles, horns, or other noise-making tactics, as well as digital communications, if you are not otherwise interfering with law enforcement duties.

• Stay calm.
• Don’t run, argue, or resist officers, even if you think your or others’ rights are being violated; that’s why you are documenting. If you leave the situation, walk calmly.
• Do not touch, push, or hit an officer.
• Speaking respectfully to law enforcement officers is a crucial de-escalation tactic that can help reduce the risks for you and others present.
• Understand what consequences you could face if you intentionally break the law, whether for civil disobedience or any other purpose, such as obstructing an arrest.

Remember: ICE and CBP misconduct cannot be challenged in real time on the street.

• Share this resource with friends, family, and others in your community, and read more of our Know Your Rights (English) / Conozca sus derechos (Spanish)
• Have your own emergency contacts and their information memorized, including the contact information for legal services or an immigration attorney.
• Speak out on behalf of immigrants’ rights.

Talk to friends or family who are at risk of detention about creating an emergency plan. This can include:

• Creating an emergency contact list.
• Keeping copies of all legal documents in a safe place that an emergency contact can access.
• Consulting with a reputable immigration lawyer to explore options to attain immigration status.
• Obtaining passports for U.S. citizen children.
• Preparing a family care plan or temporary guardianship for children in the event a parent or guardian is detained.
• Assist in preparing Emergency Preparedness Packets. Download a free template in English or Spanish here: https://www.u-iac.com/emergency-preparedness

Remember, there are always safety and risk factors to consider when exercising your rights while engaging with law enforcement, including ICE officers. Many factors can increase those risks, including assumptions made by ICE or CBP, such as immigration status.