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President Donald Trump signed an executive order on Jan. 20 as part of larger illegal immigration mitigation efforts, calling for the arrests of all illegal immigrants with criminal records. In the subsequent week, United States Immigrations and Customs Enforcement has arrested nearly 3,500 people.

Over the past 24 hours, ICE, along with other agencies such as the Federal Bureau of Investigation and Drug Enforcement Administration, have made over 1,000 arrests across the country. This figure is over three times higher than the average number of arrests per day in 2024 under former President Joe Biden’s administration. Trump said his order stands to “protect the American people against invasion.”

Along with Trump’s attempts to eliminate birthright citizenship and asylum and his declaration of a national emergency at the U.S.-Mexico border, the arrests have created fear among many of the immigrants now living in the U.S. There are over 11 million undocumented immigrants in the country, but according to Trump’s order, only those with a criminal history are being targeted.

The raids specifically target those who have committed “vile and heinous acts” while in the U.S. However, the new administration has stated that individuals without a criminal history who are undocumented may still be arrested during another raid if they are in the vicinity.

For example, ICE cannot enter a school or workplace to conduct a raid at random, as there must be plausible cause for agents to enter a building under constitutional law. According to NBC News, roughly 48% of the 1,179 arrests made on Sunday alone were nonviolent, noncriminal offenders.

Biden instituted a policy during his term banning ICE from making arrests near “sensitive” locations such as schools, places of worship and hospitals — a ban Trump has since revoked.

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However, according to a New York state law, ICE agents cannot enter schools without a warrant. Students’ private information that schools may have access to, including immigration status, are also protected by federal law, Fox News reported.

If an ICE agent approaches a person — regardless of their citizenship status — they still possess their Fifth Amendment rights to remain silent, request a lawyer and make a phone call while in custody. The federal government is not required by law to provide a lawyer to non-U.S. citizens arrested for immigration-related offenses.

Organizations such as LawHelp.org work to connect individuals who cannot pay for legal assistance with pro-bono lawyers and other legal advice. People who are arrested can also directly ask law enforcement for a list of free or lower-cost legal options.

The New York State Education Department compiled a guide listing community organizations for immigrants, including resources in the Syracuse area. Some of the organizations specific to Syracuse include Catholic Charities of Onondaga County, Contact Community Services, Hopeprint, Inc. and Immigrant Refugee Youth Association of Onondaga County.

Civilians — regardless of immigration status — also have the right to refuse to have their person or belongings searched without consent, along with the right to refuse to have their home searched if agents do not possess a search warrant signed by a judge, according to the American Civil Liberties Union.

Every non-U.S. citizen 18 or older is required by law to carry identification, such as a green card, work visa or other proof of registration, according to U.S. Citizenship and Immigration Services.

Individuals can determine if there is a deportation order present for them if they call the Immigration Court Hotline.

Activists including the ACLU and its District of Columbia and New York branches are suing Trump for his new deportation policy, stating that the organizations believe Trump’s executive order violates the Fifth Amendment and its protections of immigrants.

Published on January 29, 2025 at 12:41 am

Contact Arabella: akklonow@syr.edu