Photo by Tima Miroshnichenko

ICE pickups are being reported in the news every day.

Immigration and Customs Enforcement, known as ‘ICE', was expected to do mass pickups and detain criminals for deportation once President Trump returned to the White House, but there are more and more reports of U.S. citizens and green card holders, without criminal backgrounds, who have been stopped by ICE. 

Unfortunately wrongful ICE practices have made their way to Virginia. 

This month on the road to Manassas, Virginia, a U.S. citizen was stopped by ICE while driving and detained on the road. While not taken into custody, the fact that a U.S. citizen was stopped by ICE at all is alarming. Per a 2015 ICE policy regarding investigation of U.S. citizens, “ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen.” 

The U.S. citizen, Mr. Machado, told news journalists that he was driving to work when ICE agents surrounded his pickup truck, “They just got out of the car with the guns in their hands and say, 'turn off the car, give me the keys, open the window.'” Mr. Machado told the agents that he was an American citizen, but he was still handcuffed and questioned until the ICE agents saw his driver's license. At that moment it became apparent that Mr. Machado was not the same man they were looking for and he was let go. 

Although Mr. Machado voted for Trump, he now believes that ICE is racially profiling Hispanic people to make arrests. Unfortunately the statistics seem to agree with him. Since Trump took office a second time, ICE arrests have increased by 627%, and reports of ICE agents approaching U.S. citizens have been numerous. Multiple Native American tribe members have reported being asked to show their passport or proof of citizenship, and multiple businesses have encountered ICE questioning their U.S. citizen employees. So much so that in February, just two weeks after he took office, Representatives Jamie Raskin and Pramila Jayapal wrote an open letter to President Trump, about the “troubling reports that U.S. citizens have been detained during immigration enforcement operations,” and asked for details of each incident where that had happened. 

We know this is very troubling news, and that the immigrant community is scared. Below is a guideline from the American Civil Liberties Union on what to do if you are stopped by ICE while driving, like Mr. Machado was. You can check out the ACLU website for more advice on interacting with ICE.

• Stay calm. Don't run, argue, or obstruct the officer or agent. Keep your hands raised where they can see them.

• If you are in a car, pull over in a safe place as quickly as possible. Turn off the engine, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver's license, registration, and proof of insurance.

• If you are not a U.S. citizen and an immigration agent requests your papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Even if you are a U.S. citizen, we recommend keeping proof of citizenship in your wallet (such as a passport card if you have it), or a picture of your passport in your phone. 

If you need assistance filing for an immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.