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Constitutional protections against self-incrimination.
Undocumented (commonly called “illegal”) immigrants living in the United States hold many — but not all — of the legal protections that U.S. law affords to “persons,” because the Constitution and fede...
A “sanctuary state” is not defined in federal law, and state or local policies that limit cooperation with federal immigration enforcement sit in a contested but established legal space: generally per...
The Constitution constrains ICE’s detention and deportation practices mainly through the Fifth Amendment’s due process protections, the Suspension Clause and habeas corpus traditions, and citizenship ...
The Supreme Court in Hiibel upheld a Nevada “stop-and-identify” law, ruling that a suspect can be compelled to disclose his name during a Terry investigatory stop when the disclosure is not reasonably...
When Immigration and Customs Enforcement (ICE) demands immigration papers in public, the consistent guidance from civil-rights groups and local legal offices is to stay calm, ask whether one is free t...
When Immigration and Customs Enforcement (ICE) approaches someone in public, the practical sequence is: stay calm, ask “Am I free to go?”, invoke the right to remain silent, avoid presenting false doc...
The legal basis for immigration enforcement rests primarily on federal statutes—the Immigration and Nationality Act (INA) and implementing regulations—and the executive branch’s duty to “faithfully ex...