On Tuesday, the Comptroller of New York City, Brad Lander, was arrested by Several immigration and customs masked customs In a court in Manhattan while trying to lead an individual past immigration person. That same day, masked agents outside a walmart in Pico Rivera arrested two individuals – One an objective of the application of immigration, the other American citizen who tried to intervene.
These two opposite sides of the country illustrate what has become A more common problem: Federal agents who use masks to avoid recognition. On Thursday, masked people are said to be affiliated with the National Security Department that descended in an Home Depot in Hollywood and Dodger Stadium.
Masking is not a good practice of application of the law. It can contradict national security regulations, while potentially provides coverage so that some officers violate constitutional and civil rights. It also undermines the authority of the agents and endangers public security.
The federal government does not have a specific policy that prohibits immigration agents to use masks. But the fact that this practice is not illegal does not make it acceptable. National Security Department regulations They require that immigration officers identify during an arrest or, in cases of an arrest without court orderProvide a statement explaining how they identified themselves. The use of masks seems to violate the intention of these directives for identification.
Ice agents in the masks are becoming disturbingly routine. There were ice agents in masks in Los Angeles immigration protests. recentlyas in compliance actions in Minneapolis, Boston, Phoenix and A naughty field. In March, a video by Rumeysa Ozurb, a doctoral student at the University of Tufts, arrested by masked officers on the street He went viral.
It seems that there is no uniformity in the covers of the face used by immigration agents, which has included ski masks, surgical masks, balaclavas and sunglasses. Such inconsistency in a federal workforce flies in the face of sound surveillance. Masked agents can confuse both viewers and ice objectives, which runs the risk that people interfere with compliance actions that look more like kidnappings. The International Association. of police chiefs He has warned That the public “can be intimidated or fearful that officers use a face that covers, which can increase their defensive reactions.”
Todd Lyons, interim director of ICE, He said earlier this month that immigration agents use masks to protect themselves. “I'm sorry if people are offended with masks,” Said“But I will not let my officers and agents come out and put their lives on the line, their family on the line, because people do not like what the application of immigration is.”
However, the application works of the law come with an assumption of exactly that risk. Consider that the overwhelming majority of police officers, sheriffs and FBI agents fulfill their duties without hiding their faces. Correction officers who deal with prisoners do not use masks, or judges that manage our laws. Because these public employees have such tremendous power, their roles require full transparency.
Also, ice The agents are increasingly Aimed at non -criminalsthat mitigates the argument that agents require masks for security. According to the research site Transactional records access record cleaning, approximately 44% of people in ice arrest as of June 1 have no criminal record.
When ice agents use masks, there may be unwanted consequences. Lately, there has been a peak in people Hacinantes agents and harassAssault and violence. In April, a Florida woman I used a mask While passing through an ice agent and tried to kidnap his ex -boyfriend's wife.
Ironically, the Trump administration has a double standard around the idea that people use masks. He has demanded that Student Bar Universities to wear masks during protests. Following the immigration protests of Los Angeles, the president published In social networks“From now on, masks will not be allowed to be used in protests.” Should that principle be applied on both sides?
It is true that it makes sense that immigration agents use facial covers when they make arrests of a high profile target or performing an undercover operation. However, masking should be the exception, not the norm. If ICE agents are carrying out their duties anonymously, they open the door to possible civil rights and violations of due process. The practice gives impunity to agents to make illegal arrests, without the possibility of public responsibility.
Masking can also be seen as a sample of intimidation by immigration agents, whether its objective is an undocumented migrant or An American citizenas the mayor of Newark, Ras Baraka, who was arrested outside A New Jersey detention Center in May. Masked ice agents give the impression of being a secret police force, which is not good for our democracy.
Last week, two Democratic legislators in California He presented an invoice That would prevent local, state and federal law agents in California to use service masks (with certain exceptions). Although this is a step in the right direction, it is not clear if such a state measure could be applied to federal agents. Congress should prohibit the use of masks by immigration agents.
ICE officers should not be allowed to hide their faces. The need for the public's responsibility strongly exceeds any reason for the anonymity of the agents.
Raul A. Reyes is an immigration and taxpayer lawyer to the opinion of NBC Latino and CNN. UNKNOWN: @Raularryes; Instagram: @raulareyes1
