The National Congress of American Indians, or NCAI, hosted an informational webinar Wednesday in partnership with the Native American Rights Fund, or NARF, sharing the steps tribal citizens can take to engage safely with an ICE agent. They also shared how tribal leaders can support their members during this uncertain time. The pointers they gave were not legal advice.
At the core of the webinar was a question about ICE's jurisdiction. Attorneys said it was limited in the U.S. However, when it comes to Indian Country, jurisdiction may change on a case-by-case basis, said Leonard Fineday, NCAI's General Counsel.
"A general principle: ICE has the authority to enter open tribal lands in order to enforce federal immigration laws," Fineday, a citizen of the Leech Lake Band of Ojibwe, said. "But that doesn't necessarily take into consideration unique circumstances that an individual, tribe or community may have by virtue of their treaty or by virtue of the status of their reservation."
For jurisdictional questions, Fineday suggested consulting the specific attorney for the tribe's reservation in question.
It is unclear what authority ICE agents have over all of the reservations located in Oklahoma. There was speculation that tribal citizens may have been caught up in an ICE sweep in Northeast Oklahoma, and rumors about an ICE detention facility opening up in Durant, inside the boundaries of the Choctaw Nation of Oklahoma reservation.
But what the attorneys hosting the webinar made clear was that tribal leaders can demand consultation from the Department of Homeland Security to discuss operations in Indian Country and encounters with tribal citizens. They can also create a hotline to assist members who may have been affected.
How tribal citizens can exercise their rights during an ICE encounter
One of the most helpful tips is to remember the right to remain silent, according to NARF Senior Staff Attorney Beth Wright. This right can be used even when an ICE agent is seeking answers about a person's whereabouts.
"If you choose to remain silent [and] if ICE is asking you any questions, it's important to say clearly that you are exercising your right to remain silent," Wright, a tribal citizen of the Laguna Pueblo, said. "As always, do not lie because lying may impact you in the future."
The right to remain silent can be invoked in public and private spaces. If detained, NARF suggests utilizing this right and asking for a lawyer.
While not legally required for U.S. citizens traveling within the country, Wright also recommended carrying a valid form of identification at all times, whether it be issued through the tribal, state or federal government. Wright stressed that tribal IDs are valid forms of ID in the U.S., despite some tribal citizens being told otherwise.
"If you are stopped by ICE, ICE needs reasonable suspicion that you are not legally in the United States to legally stop you," she said. "And if you are arrested or detained by ICE, they need probable cause that you are not legally in the United States to arrest or detain you."
ICE agents cannot come into a home without a valid judicial warrant, Wright said. But if ICE agents do enter without permission, choosing to refrain from resisting physically can promote better safety.
"You should be careful to not physically resist or obstruct, but also you should keep in mind that you can always record and document any interaction with ICE," Wright said. "But you should do so safely."
Additional resources can be found on NARF's website.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
