Men in masks and plain clothes with no visible identification in unmarked vehicles are taking away immigrants and even citizens, often refusing to show an arrest warrant or ID when concerned community members step in.
Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers may be following orders from the current administration, but the anonymity of agents isn’t sitting well with advocates who are trying to make sure the law is being followed, and the rights of U.S. citizens and immigrants are protected.
It seems this anonymity and potential for imposters isn’t sitting well with members of U.S. Congress either.
Democrats in Congress have introduced the VISIBLE Act that if passed, would require ICE or CBP agents to display legible identification, prohibit face coverings that obscure their identities and establish accountability measures for violations.
The bill, introduced by Democratic Sens. Alex Padilla (California) and Cory Booker (New Jersey), is meant to promote public trust.
According to Padilla, without visible badges, names or insignia, members of the public have no way to confirm whether they are interacting with legitimate government officials.
“This lack of transparency endangers public safety by causing confusion, fear and mistrust, especially in communities already subjected to heightened immigration scrutiny. It also increases risks for law enforcement personnel by creating uncertainty in high-stress situations, particularly when individuals cannot distinguish real officers from impersonators, read the one-page summary of the bill provided by Padilla’s office.
“In a system where the government exercises significant power over liberty and mobility, ensuring basic transparency is essential to ensure legitimacy, safety and public confidence.”
Homeland Security regulations require federal law enforcement to identify themselves during official operations. U.S. Sens. Tim Kaine and Mark Warner (both D-VA) agree that agents wearing masks put everyone at risk.
“Across the country and in Virginia, masked ICE officers and agents without clearly visible identification as law enforcement have been arresting individuals on the streets and in sensitive locations, such as courthouses. Such actions put everyone at risk – the targeted individuals, the ICE officers and agents, and bystanders who may misunderstand what is happening and may attempt to intervene,” Kaine and Warner wrote in a letter to Homeland Security Secretary Kristi Noem.
“The failure of ICE officers and agents to promptly and clearly identify who they are and the authority under which they are acting has led witnesses of immigration enforcement operations to justifiably question the law enforcement status, authority and constitutionality of ICE officers and agents and their operations. Such actions compromise the safety of law enforcement officers and agents conducting the operation, the individual(s) being apprehended, bystanders, and other law enforcement who may be called to the scene to respond to a suspected crime,” the senators wrote.
The Department of Homeland Security, not surprisingly, has defended the ICE officers saying “fake news” outlets are demonizing its brave law enforcement officers who are being called cowards for wearing a mask in their duities. DHS related a statement to “set the record straight” pointing out so-called false headlines that attempt to “villainize federal law enforcement.”
“This kind of garbage has led to a more than 400 percent increase in the assaults on ICE officers. Politicians and activists must turn the temperature down and tone down their rhetoric,” said DHS Assistant Secretary Tricia McLaughlin.
Of course, one could argue, if agents simply displayed identification and complied with requests to see arrest warrants when requested, perhaps that alone would show the agents are complying with legal requirements and not operating without regard for the law. In many cases, this would satisfy the public and lead to less resistance.
The truth is that the U.S. is seeing a number of civilians impersonating ICE officers made easier because of the practice of masking among legitimate agents.
Some of these fake officers are detaining minorities or students are accused of sexual assault or making fake traffic stops. The imposter agents have been found in some cases with loaded guns and official-looking documents.
“Federal agents wearing masks and casual clothing significantly increases this risk of any citizen dressing up in a way that fools the public into believing they are law enforcement so they can engage in illegal activity,” Mike German, a former FBI agent, told The Guardian. “It is a public safety threat, and it’s also a threat to the agents and officers themselves, because people will not immediately be able to distinguish between who is engaged in legitimate activity or illegitimate activity when violence is occurring in public.”
A petition is gaining steam with nearly 60,000 signatures calling for immediate action from Congress to rein in ICE and its ability to conduct enforcement anonymously and pass the VISIBLE Act.
“ICE agents are now conducting raids and abducting people either anonymously or in disguise as they target schools, hospitals and even places of worship. Trump’s immigration agents are separating families in plain clothes and wearing masks, stoking widespread fear and causing chaos,” said Britt Jacovich, spokesperson at MoveOn, who has launched the petition. “When ICE agents and law enforcement disguise themselves, it makes every single person in this country vulnerable to violence and corruption, with little to no recourse or accountability for bad actors. Congress needs to rein ICE in and stop the administration’s growing abuse of power.”
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Crystal Graham
