I heard that the Department of Homeland Security is now allowing Immigration and Customs Enforcement (ICE) officials to conduct searches and raids at previously protected areas such as schools, churches, and hospitals. What does this mean and what rights do individuals have if they are stopped by ICE?
Up until recently there had been a long-standing policy prohibiting ICE from operating at or near sensitive locations unless there were specific urgent circumstances such as the prevention of a national security threat. This policy was in place so that individuals, regardless of their documentation status, would be able to have access to essential services. However, the policy was rescinded in January meaning that undocumented individuals could now face deportation or other immigration actions while engaging in activities such as going to the hospital to receive medical care, going to school or attending church.
However, this new policy does not override an individual’s constitutional rights. Notably, individuals, regardless of citizenship or status in this country, still have many constitutional rights including due process rights.
These rights include the right to be protected from unreasonable searches and seizures by the government. This means that generally ICE officials cannot search a person or areas where there is an expectation of privacy without consent unless they have a judicial warrant. A judicial warrant is a formal written order signed by a state or federal judge authorizing an officer to make an arrest, seizure or search.
Because of these constitutional protections ICE officials are not allowed to enter areas where there is an expectation of privacy, such as schools without consent or a judicial warrant unless there are urgent circumstances. ICE officials would be able to access public areas within buildings however, since there isn’t the same expectation of privacy in those spaces. Churches where there is mix of public areas, such as church lobbies, and private areas, such as a pastor’s study should be mindful of what spaces they have the right to deny ICE, or other officials, the right to search and which areas are off limits absent a warrant.
The North American Division of Seventh-day Adventist affirmed these rights in a January 16, 2018, statement. “As the most ethnically-diverse Christian denomination in the U.S., the Seventh-day Adventist Church proudly defends the rights of all men, women and children, no matter their country of origin — the equal rights afforded in the United States Constitution and fair treatment as immigrants and refugees in our beloved country.”
I encourage our members, regardless of their status in this country to know what their constitutional rights are and, in all things, to act according to love of Christ and His principles.
Jennifer Gray Woods is the lawyer for the Lake Union Conference, as well as the Public Affairs and Religious Liberty director.
