Salmo,

The sentiments that are portrayed in media interviews of activists seem to overwhelmingly follow the narrative that people who are here illegally should be given a free pass and welcomed as neighbors. Please provide any information that contradicts that. I realize that is anecdotal but I do think it is what has caused democrat run states to provide sanctuary communities. I am not defending ICE tactics but we need to know what they really are allowed to do before applying vitriol. Here is what our friend AI says:

Yes, federal law, specifically 8 U.S.C. § 1357, allows immigration officers (like those from ICE) to detain individuals suspected of immigration violations without a judicial warrant, provided they have reasonable suspicion they are not legally in the U.S. or are entering illegally, especially in public places, and can arrest those believed to be in violation of immigration laws, though a judicial warrant (or consent) is generally needed for arrests inside a private home.
Key Powers & Circumstances:
Public Encounters: Agents can question and briefly detain individuals in public if they have reasonable suspicion (e.g., attempting to flee).
Border/Checkpoint: They have broad authority to search, question, and detain at borders and checkpoints.
Arrests without Warrant: An officer can arrest an alien without a warrant if they are entering illegally or if they have reason to believe the person is in the U.S. unlawfully and likely to escape before a warrant can be obtained.
Private Homes: A judicial warrant is typically required to enter and arrest someone inside their home.
Administrative Warrants: ICE officers use administrative warrants (issued by other immigration officials, not federal judges) for arrests in the interior, allowing detention pending removal decisions.
Your Rights:
You can ask an agent if you are free to leave; if not, you can refuse to answer questions without a lawyer.
Agents cannot show warrants to the public that aren't directly related to the person, but you can ask for identification and their purpose.
In essence, federal law grants significant warrantless arrest and detention powers to immigration officials, particularly in public spaces and at borders, based on suspicion or belief of immigration violations, but with specific limits regarding private residences.
Immigration Enforcement Frequently Asked Questions - ICE
Jan 9, 2026 — ICE does not need judicial warrants to make arrests. Like all other law enforcement officers, ICE officers and agents can initiate...

ICE | U.S. Immigration and Customs Enforcement (.gov)
8 USC 1357: Powers of immigration officers and employees
(a) Powers without warrant. Any officer or employee of the Service authorized under regulations prescribed by the Attorney General...

House.gov
Can ICE arrest you? What the law says about agents’ actions
Jan 11, 2026 — Do ICE officers need a warrant to stop and question you outside your home? Not if they have reasonable grounds to believe you are ...

San Francisco Chronicle
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