I.C.E. ACTIVITY:
GUIDELINES FOR BYSTANDERS
If you see immigration agents interacting with someone, you can make a difference by documenting the interaction in a way that does not escalate the situation. Find out what you should do before, during, and after an incident.
DURING AN INTERACTION
Assess the situation:
- Consider your risk. Those without U.S. citizenship may want to refrain from interactions with I.C.E. by not approaching and, if approached, exercising their right to remain silent.
- Try to determine whether it is, in fact, I.C.E. Pay attention to their badges, arm patches, vests/jackets, and cars. Their vehicles may say I.C.E. or DHS. However, I.C.E. agents can sometimes be in civilian clothes and may not announce themselves as I.C.E. agents.
Avoid making the situation worse:
- Do NOT intervene in the situation. You could be putting yourself at legal risk for obstruction, and could make the situation worse for any affected individuals.
- Stay at a safe distance. If you are asked to step back, do so, and document yourself complying (announce: I am stepping back).
- Speak calmly. Becoming enraged or confrontational can escalate the situation. Yelling at I.C.E. officers can prevent others from getting valuable information such as where the person is being located.
- Do NOT cooperate with agents by opening doors or answering questions. I.C.E. agents may ask you to open a door for them to enter a private space, or may ask you to identify a colleague or classmate. Respond politely that you are not authorized to speak to them.
Do NOT record live on social media. This can compromise the privacy and safety of affected community members.
Document the situation:
- You have the right to film law enforcement, as long as you are transparent that you are recording. If you are told not to, you can respond “I am exercising my right to document.” If you do not feel comfortable recording, you can take photos or write down notes instead.
- Focus your recording on the agents, not community members. This is to protect their privacy and safety.
- Narrate the incident. State the date, time, location, and what is happening factually.
- Try to document/narrate all of the following:
- The agents’ clothing: name, badge, uniform, vest
- The agents’ vehicle: any markings on the side of the vehicle (Police, DHS, I.C.E.) as well as the license plate
- Date and time
- Location, including specific address (you can video landmarks such as street signs)
- Any documents the agents are carrying, such as warrants
- The agents’ language, particularly any hate speech or unproven statements
- Any violence, including pushing or damaging of property
- Do NOT document/narrate the following:
- Names of any community members
- Immigration status of any community members
- Criminal history of any community members
Consider a few actions:
- Consider kindly asking an I.C.E. officer (particularly one who is not directly handling those being detained) “Could you tell me where you’re taking this person?”
- If it appears that no one present knows the people being detained, consider approaching calmly to ask the person in a soft voice, “Can you tell me your name? Is there someone you want me to contact?” This is best done by someone who is not directly documenting the interaction so their identity is not captured on video.
- Consider calmly reminding those involved of their rights, perhaps handing them a Red Card or telling them that they have the right to remain silent and not answer questions.
AFTER AN INTERACTION
Here is what to do after I.C.E. agents have left:
- Do NOT post videos or photos on social media. This can compromise the privacy and safety of affected community members.
- Let family members or advocates for affected individuals know that you documented the interaction. Share any videos, photos, or notes you took directly with them, so they can decide how to use them.
- Make a copy of videos/photos/notes and save them on a separate device, without changing the file name. If you need to edit the footage, edit a copy and save the original.