‘Are you from here?’: Minnesota woman goes shopping at Walmart. Then ICE agents approach her in the parking lot
It seems as though there is no person in America who is not aware of ICE’s presence. From Sam’s Club locations to Walmarts, the federal agency has started popping up, causing everyday people distress.
That was the case for one woman in Minnesota, a current hotspot for agents in the wake of Renee Good’s killing. She says she was stopped by ICE agents on her way to a local Walmart.
In a recently surfaced video credited to Source 4 Media, ICE agents targeted the woman, continuously asking her questions despite her reluctance to answer. It is unclear, based on the short video, whether the woman was detained. However, online commentators had a variety of perspectives to add after the fact. A repost of the video by Ounka (@OunkabyX) has since garnered over 45,000 views on X.
Some internet users connected the video to the Nazi regime, while others stated that if the woman answered the questions in a more timely manner, she would have been let go sooner. However, there are ways to deal with ICE without providing them personal IDs, especially when being held for questioning without being detained.
What spaces can ICE generally enter?
ICE can enter public spaces, such as supermarkets, restaurants, parking lots, and office lobbies, without a warrant. That means ICE agents can technically approach people in various work environments.
The Native American Rights Fund recommends that those detained by ICE remain calm and express the desire to see a lawyer. Technically, an ICE agent approaching a person for questioning does not mean that person is being detained. ICE agents may try to ask baseline questions like those in @Sorce4.in’s video. But that does not mean citizens or those living in the United States have to provide a reply.
All people living in the United States have certain unalienable rights according to the Constitution, citizen or not. These rights include, but are not limited to, remaining silent, according to the Fifth Amendment. Ultimately, it is up to individuals whether they choose to answer a federal agent’s baseline questions or provide information without legal counsel.
Do ICE agents patrol spots like Walmart?
ICE agents have been popping up more and more outside of major stores like Walmart, based on initial reports. There have been multiple instances where ICE has made arrests outside of retail locations. The agency posts videos of itself documenting arrests, such as one in San Antonio, which led to an altercation.
ICE agents usually receive notification ahead of time about a person they may be able to arrest. They may then try to make an arrest in a public space or outside, but they have also notably gone inside retail stores to make arrests, like in the case of Houston teenager Arnoldo Bazan.
What should individuals do when approached by ICE?
When stopped by ICE, it is important to ask whether they are seeking to detain you. If they are not, you should be able to leave. If they specifically say that you are not free to go, stay in place. However, people living in the United States are not under an obligation to answer immigration officers’ questions. This is especially without legal counsel.
There is also no specific requirement that citizens provide their ID to ICE agents. However, groups like the National Immigrant Justice Center recommend doing so. ICE officers cannot search your belongings without consent and do not have the same warrants or jurisdiction as police officers, as they are not police. That means that unless they have a specific order from a judge or magistrate that allows for home entry, they cannot enter if they are approaching a private domicile.
Do you have to provide your ID if you have one?
In this current landscape, it is best for U.S. citizens to bring an official, federally-recognized ID with them at all times, even if they plan to exercise their right to remain silent and not answer questions. A passport, legal permanent resident card, or any documentation of status can provide proof of citizenship.
Once detained, it is important for citizens to provide their legal ID but to emphasize their right to legal counsel and not answer unnecessary questions, sign documents, or make decisions without a lawyer.
For all people living in the United States, it can be helpful to keep a Know Your Rights card. These cards explain what rights both citizens and noncitizens have when approached by ICE agents. This can be especially useful when someone is overwhelmed during a detainment process.
We have reached out to Sorce 4 Media and Ounka for more information about the video.
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