What U.S. citizens should know during immigration enforcement actions

Former prosecutor outlines legal limits of ICE operations

As immigration enforcement continues across the Phoenix area, a former federal prosecutor is outlining the legal rights and risks for U.S. citizens facing interactions with federal agents. FOX 10's Brian Webb has the details.

PHOENIX - As immigration enforcement continues across the Phoenix area, a former federal prosecutor is outlining the legal rights and risks for U.S. citizens facing interactions with federal agents.

What they're saying:

Roy Herrera, a Phoenix attorney and former federal prosecutor, said U.S. Immigration and Customs Enforcement is currently pushing the boundaries into new territories.

"You’re seeing this administration and ICE in particular do things that they’ve just never done before," Herrera said.

While federal agents have broad authority, Herrera noted they can be prosecuted for breaking state and local laws, including trespassing, assault or manslaughter. He pointed to the recent death of a protester in Minnesota as a likely test case for whether federal agents violated state law.

Sheriff Sheridan: ICE agents, violent protesters both subject to arrest

Maricopa County Sheriff Jerry Sheridan said he would arrest any ICE agent who breaks the law, but he also warned protesters they face arrest if they become violent or interfere with law enforcement operations during immigration crackdowns.

For those encountering agents, Herrera offered the following legal guidance:

Citizenship questions: If you are a U.S. citizen, you are not required to answer questions about your immigration status. However, noncitizens are required to answer.
Protesting: Citizens have the right to protest but cannot legally interfere with a federal officer. Herrera emphasized the importance of remaining peaceful.
The risk of noncompliance: Herrera warned that even if a citizen is legally in the right, they must decide if they are willing to be arrested and go to jail to prove their point in court.

"They’re just looking for as many folks that they can contain as possible," Herrera said, adding that the agency has moved beyond its initial goal of targeting violent criminals.