Can ICE Stop People at Bus Stations or While They Are Driving?

The answer depends on the circumstances surrounding the encounter.

The Fourth Amendment continues to protect people against unreasonable searches and seizures. In the interior of the United States, officers generally cannot forcibly detain someone based only on appearance, language, ethnicity, or an unsupported suspicion.

The U.S. Supreme Court has held that immigration stops conducted by roving patrols must be supported by specific, articulable facts that create reasonable suspicion. The Court has also held that apparent Mexican ancestry, standing alone, is insufficient to justify an immigration stop.

An officer may approach someone in a public place and ask questions without necessarily creating a detention. The legal issue changes when the officer restricts the person’s freedom to leave. At that point, the government must be able to identify a lawful basis for the detention.

The same principle applies to vehicle stops. The fact that a person is driving in an area where immigration operations are occurring does not, by itself, establish reasonable suspicion.

What About ICE Warrants and Private Property?

ICE uses civil administrative warrants, including Form I-200 arrest warrants and Form I-205 removal warrants. These are immigration documents issued through the executive branch; they are different from judicial warrants signed by a federal judge. ICE’s current enforcement guidance explains the purposes of these administrative warrants.

Federal regulations also place separate restrictions on entering nonpublic areas of residences, businesses, and certain other properties. Depending on the circumstances, officers may need appropriate warrant authority, consent from someone authorized to give it, or another legally recognized basis for entry.

For that reason, the existence of an ICE document does not mean that every search, entry, detention, or arrest is automatically lawful. Each situation must be evaluated according to its particular facts.

The Central Point From My Globovisión Interview

The message I wanted to communicate during the interview is that presidential proclamations and executive orders can significantly change immigration-enforcement priorities. Nevertheless, they do not create unlimited enforcement powers.

ICE must act within the authority granted by Congress, applicable federal regulations, and constitutional protections. Whether a specific stop, arrest, search, or entry was lawful depends on what the officers knew, what actions they took, where the encounter occurred, and the person’s individual immigration circumstances.

I thank the Globovisión host and production team for giving me the opportunity to explain this important distinction to their audience. At a time of increased enforcement activity, people should remain informed and avoid making decisions based solely on rumors or generalized information.

Anyone who has been contacted by ICE, has a prior removal order, or believes they may be affected by an enforcement operation should seek legal advice based on their individual immigration history before signing documents or making important decisions.