Local, state leaders make recommendations on interacting with ICE
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Local, state leaders make recommendations on interacting with ICE

Amidst increasing reports of Immigration and Customs Enforcement (ICE) activity in the Twin Cities, more communities are also noting the presence of ICE across greater Minnesota.

The Office of the Minnesota Attorney General announced on Jan. 12 that the state, along with the cities of Minneapolis and St. Paul, were suing the Department of Homeland Security to stop Operation Metro Surge, which has brought several thousand ICE agents to the state.

The lawsuit sites the deployment of roughly 2,000 agents in the Twin Cities metro area, and follows a shooting last week in south Minneapolis, during which ICE agent Jonathan Ross shot and killed Renee Good.

While most of the ICE activity in the state has centered on the Twin Cities, more ICE operations have been documented outside the metro.

Cook County and federal agencies

Cook County Sheriff Pat Eliasen told WTIP that over his 30 years with the department, he has only had cause to interact with ICE agents a few times. He said that while his department may contact US Border Patrol with a question about someone’s residency status after they have been arrested for another reason, the mission of his department is separate from the mission of agencies addressing immigration.

Over the past week, more reports of ICE activity have been made outside the metro area. This has left local officials and law enforcement with the task of working to verify the reports. Eliasen said that it is not uncommon for federal agencies to take action without notifying local law enforcement. As a border community, he said Cook County has seen activity from federal agencies for decades, and typically local organizations are not informed ahead of time.

He said, “Federal agencies have been working in Cook County for many years without notifying the Sheriff’s Office. We cannot state positively that ICE is here currently.”

Observing ICE operations

Eliasen went on to say that in the event someone in Cook County believes that an ICE activity is taking place, they should notify the sheriff’s office.

“We work for the people of Cook County and if there is a report of an ICE operation made to dispatch, we can respond and determine if it is legitimate,” he said. “We can also remain to provide public safety services to all involved.”

In addition to reporting suspected ICE activity to his department, Eliasen also encouraged bystanders and observers not to engage with ICE officers, especially physically. He said to those who might witness ICE agents speaking with or detaining someone, “Don’t get in the middle of it. No matter what you feel, no matter what you want to say, don’t get in the middle of it. Do not impede a federal officer in the course of their duties.”

If ICE activity is reported, Eliasen said his deputies would ensure that public safety is maintained, and they would aim to preserve respect and dignity for those involved.

Detention of tribal members

Over the past few weeks, ICE has detained several tribal members and descendants in the metro area. This includes the arrest and release of a member of the Red Lake Band of Chippewa, and the arrest of four members of the Oglala Sioux Tribe, three of whom are still in ICE custody.

In a Jan. 12 press release, the Oglala Sioux Tribe called for the release of the detained tribal members. The tribe has made formal requests to the Department of Homeland Security for more information about the three men still in detention, but, according to the press release, has only been given their first names.

Oglala Sioux Tribe President Frank Star Comes Out said about the arrests, “This is not a misunderstanding or an enforcement discretion issue. This is a treaty violation. Treaties are not optional. Sovereignty is not conditional.”

Tribal IDs

In response to the arrests and detentions of tribal members, the leadership of tribes across the state, including the Grand Portage Band of Lake Superior Chippewa, have encouraged their community members to carry a Tribal ID.

A Jan. 7 press release from the Grand Portage Band following Good’s killing, stated that DHS has acknowledged that, though they are considered valid government-issued identification, “recognition of Tribal IDs during ICE encounters may vary.”

In a post on Facebook, the tribe provided information for tribal members on Tribal IDs and strongly encouraged those without a valid Tribal ID to get one. They shared a document with information about the identification cards, saying that tribal members may choose to carry the document with them.

In addition to the information, the post read, “This is not meant to raise alarm, only to help our community be informed and prepared.”

Beyond recommending that members carry a Tribal ID, some tribes are directing those seeking more information to a guide compiled by the Native American Rights Fund, with information on individual rights, especially for tribal members.

Where and when ICE can conduct operations

As ICE activity has increased in the state, many Minnesotans have expressed confusion about what rights individuals have, and where, and under what conditions ICE activities can take place. While they clarify that it is not official legal advice, the Office of the Minnesota Attorney General has compiled a document outlining what rights individuals and organizations have when interacting with ICE agents.

For organizations, ICE can enter areas that are public, and the document includes information about which areas are considered private. In order to enter a non-public area, ICE requires permission from the organization or a court-ordered warrant.

The attorney general’s office states that a key distinction between a judicial warrant, issued by the court, and an administrative warrant, issued by another organization, sometimes from ICE, is that a court-ordered warrant is signed by a judge. They advise that individuals who are being presented with a warrant as part of an interaction with ICE look for the word “court” at the top of the document, and verify that the person who signed the warrant carries the title “judge.” Administrative warrants will include the name of a different issuing authority, and the signer will not be a judge.

“Administrative warrants are not from a court and do NOT allow ICE to enter non-public areas without permission,” the document reads, “No one is required to consent to ICE entering non-public spaces.”

The document reiterates, however, that in public spaces, ICE officers can conduct immigration-related enforcement activities without an organization’s permission.

Tensions between ICE and residents have escalated in many communities, and some leaders have called for federal agents to leave the state. Despite this, elected officials have encouraged those protesting ICE actions to remain peaceful.

Locally, Eliasen reiterated that Cook County residents can report suspected ICE activities to the sheriff’s office, and recommends that those who might be observing ICE actions not engage with agents.

“We are very serious about our job,” he said. “We’re very serious about providing public safety for people in Cook County.”

WTIP’s Kirsten Wisniewski spoke with Sheriff Pat Eliasen. Audio of that portion of their conversation is below.