Latest news with #NILC
CBS News
18-02-2025
- Politics
- CBS News
Proposed bill in Maryland would increase protections for personal data in immigration enforcement cases
Maryland lawmakers want to increase protections for personal data in immigration enforcement cases. Senate Bill 977, the Maryland Data Privacy Act would prohibit state and local agencies in Maryland from sharing personal information, granting access to databases, or allowing federal agencies to enter facilities for immigration enforcement without a valid warrant. Under the bill, anyone attempting to gain access to a government building or facility would also need a warrant and be required to disclose their name and contact information, including a phone number, email address, and physical address. Additionally, the bill would prohibit state or local law enforcement from collaborating with federal agencies to share information for the purpose of enforcing federal immigration laws. Trump administration immigration crackdown The proposed legislation comes amid a push from the Trump administration to crack down on illegal immigration, which began in January with an executive order deploying 1,500 troops to the southern border - in addition to the 2,500 who were already stationed there under federal orders. Part of that crackdown has included lifting restrictions on where U.S. Immigration and Customs Enforcement (ICE) officials can operate. Shortly after President Trump's inauguration, his administration ended a policy that prohibits ICE arrests at or near schools, places of worship, and other sensitive locations. The executive action has sparked fear and concern among some schools and parents across the nation. Under current law, ICE agents are permitted to enter public areas without permission, the National Immigration Law Center (NILC) told CBS News. ICE agents cannot enter private areas such as a home, or an employee-only space without permission or a judicial warrant, according to the NILC. In another executive order, Mr. Trump attempted to end birthright citizenship by ordering federal agencies to stop issuing passports and citizenship documents to children born in the U.S. to parents who are not legal citizens. More than 20 states sued Mr. Trump over allegations that the order violated the 14th Amendment of the U.S. Constitution, which grants citizenship to individuals born on American soil. On Feb. 13, Mr. Trump's executive order was blocked by a federal judge for the fourth time. States challenge warning from the Justice Department In January, the U.S. Justice Department warned that state or local officials who attempt to impede the administration's immigration enforcement efforts could face criminal charges. "The Supremacy Clause and other authorities require state and local actors to comply with the Executive Branch's immigration enforcement initiatives. Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests," Acting Deputy Attorney General Emil Bove said in a memo. But the warning was met with pushback from state leaders, who said that the U.S. Constitution prevents the federal government from forcing state officials to enforce federal laws. "While the federal government may use its resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot "impress into its service—and at no cost to itself—the police officers of the 50 States," Maryland Attorney General Anthony Brown said in a joint statement with 11 other attorneys general. Immigration advocates push for more protections. Advocates of the Maryland Data Privacy Act include CASA, a local immigration advocacy organization. Earlier this month, CASA held a rally, urging legislators to pass Senate Bill 977, along with the Protecting Sensitive Locations Act, which would require Maryland Attorney General Brown to develop guidelines for immigration enforcement at certain locations. That bill would define sensitive locations as schools and colleges, medical and mental health care facilities, places of worship, service centers and shelters, and childcare centers or other locations where children gather. Locations, where funerals, weddings, and other religious or civil ceremonies are held, would also be considered sensitive locations under the bill.
USA Today
31-01-2025
- Politics
- USA Today
Is ICE raiding schools? What to know
School districts nationwide are reacting after the Trump administration rescinded a Biden-era policy and removed restrictions preventing Immigration and Customs Enforcement from entering "sensitive locations," including schools, hospitals and churches. While ICE raids are happening across the United States, many wonder if they will take place in the classroom. The Education Department states, "all children are entitled to a public education, regardless of their or their parents' actual or perceived national origin, citizenship, or immigration status." This includes recently arrived unaccompanied children who are in immigration proceedings while residing in local communities with a parent, family member, or other appropriate adult sponsor. A White House spokesperson said no ICE raids have happened in schools, according to a report released Jan. 28 by NBC News. The spokesperson told NBC News that "secondary supervisor approval is also needed before any action can be taken in locations such as a church or school," adding that "we expect these situations to be extremely rare." Since the change in policy, the National Immigration Law Center, an advocacy group, has put together a fact sheet with information about what ICE needs to enter a school. Here's what you need to know. Can ICE come into schools? For immigration enforcement to search or enter a private area within a formerly protected area, the Fourth Amendment requires a valid judicial warrant signed by a federal judge unless staff in those areas consent to the search, according to the National Immigration Law Center. The Fourth Amendment protects areas where people have a 'reasonable expectation of privacy.' NILC notes that areas open to the public, such as lobbies, waiting areas and parking lots, are considered public, while interior areas and those marked 'private' with a sign are considered private. Can ICE make arrests in the formerly protected areas? If ICE agents enter a formerly protected through a warrant or consent, they may make arrests if they have a valid administrative warrant for that person or if they have probable cause to believe that the person is 'removable' from the United States, according to the NILC. If the person does not have current lawful status or engaged in conduct such as involvement in the criminal legal system, that gives ICE the authority to begin deportation proceedings against them, NILC adds. Natassia Paloma may be reached at npaloma@ @NatassiaPaloma on Twitter; natassia_paloma on Instagram, and Natassia Paloma Thompson on Facebook. More:US Border Patrol, Mexican troops come under fire along Rio Grande on El Paso-Juárez border
CBS News
29-01-2025
- Politics
- CBS News
What to know about where ICE can operate
Part of President Trump's crackdown on immigration includes lifting restrictions on where federal agents can conduct immigration enforcement, sparking some backlash and uncertainty amid a surge in raids across the country. Immigration and Customs Enforcement, known as ICE, said it arrested more than 1,000 people on Tuesday. In 2024, an average of 312 people were arrested per day. Hours after Mr. Trump's inauguration, his administration revoked a policy that prohibited arrests by U.S. immigration agents at or near schools, places of worship and other "sensitive locations." Speaking to "Face the Nation with Margaret Brennan," Vice President JD Vance said the change in policy empowers "law enforcement to enforce the law everywhere." Some Catholic leaders have expressed concern about the potential impact in churches, and school officials are issuing guidance on how to handle immigration-related issues at schools. Some local officials have also criticized ICE for how agents are conducting raids. However, experts say there are still limits on where immigration officials can operate, and constitutional protections remain. Here's what to know. Where ICE can operate The Department of Homeland Security has followed a policy since 2011 that restricted ICE enforcement actions, including arrests, interviews, searches and surveillance, at "sensitive" locations such as schools, churches and hospitals. Under former President Joe Biden, the department issued a policy in 2021 that expanded on the definitions of what is considered "protected areas" for both ICE and Customs and Border Protection (CBP). Anyone, including ICE agents, can enter public areas without permission. Examples of public areas include lobbies, dining areas in restaurants and waiting rooms, according to the National Immigration Law Center, a nonprofit advocacy organization known as NILC. The NILC said ICE agents cannot enter private areas — such as a home or an employee-only area like a breakroom — without permission or a judicial warrant signed by a judge. Because ICE officers typically don't have warrants signed by judges, they sometimes wait for unauthorized immigrants to come outside of their homes to arrest them, or convince homeowners to give them entry. Regardless of being in a public or private space, anyone approached by ICE agents has the right to remain silent. The reasonable expectation of privacy is protected by the Fourth Amendment and the right to remain silent is protected by the Fifth Amendment in the U.S. Constitution. "Every person maintains constitutional rights within the United States, regardless of the sensitive locations policy or not," Heidi Altman, NILC's vice president of policy, told CBS News. However, there are limits on Fourth Amendment protections. A federal regulation allows CBP agents without a warrant to enter and search buses, trains, boats and aircraft within 100 miles of a land or sea border. The NILC said ICE agents who are in public spaces or are authorized to enter private spaces can make arrests if they have an administrative warrant or probable cause. An administrative warrant is issued by a federal agency, such as ICE or CBP, and enables an officer to make an arrest or seizure, but it does not authorize a search, according to the NILC. An administrative warrant can be signed by an immigration judge or immigration officer, whereas a judicial warrant must be issued by a judicial court and signed by a judge or magistrate judge.
