What Does ICE Do?

The largest investigative arm of the U.S. Department of Homeland Security (DHS) is the Immigration Customs Enforcement Agency, also known as "ICE." Its mission is to to promote national security and public safety by enforcing U.S. federal criminal and civil laws concerning border control, customs, trade, and immigration.

ICE was created following the terrorist attack on the New York's Twin Towers on September 11, 2001. At that time, the U.S. government restructured its handling of investigating and managing immigration and related activity around the world. The idea was to better protect the United States from terrorist and security threats. The Department of Homeland Security (DHS) was created in 2003 as part of this government reorganization. Its funding has been vastly increased under the 2nd Trump Administration.

ICE's most visible role tends to be arresting undocumented persons within the United States, conducting immigration raids, and overseeing immigration detention centers.

Operational Divisions Within ICE

Within the ICE agency, there are two notable areas of operational focus:

1. enforcement/removal, and
2. investigation.

Enforcement and Removal (ERO)

This division of ICE handles primary enforcement matters to do with non-citizens in the United States, such as apprehending people who are unlawfully present or have violated U.S. law. It normally focuses on criminals and gang members and those who have reentered the U.S. after a previous deportation, though under the first and second Trump administrations, it has tended to operate without priorities and regard everyone who lacks immigration papers as a criminal.

ICE has the power to detain non-citizens in some cases (particularly if they are emerging from prison after a criminal conviction) and to carry out immigration court orders of removal.

Homeland Security Investigations (HSI)

HSI is the DHS's investigative arm, with offices in numerous U.S. cities and worldwide. It handles transnational criminal investigations, with a focus on protecting U.S. national security. HSI helps apprehend and punish people and criminal organizations seeking to exploit U.S. customs and immigration laws and procedures.

HSI has broad powers when it comes to these investigations, and addresses a range of crimes, such as financial crimes, cybercrimes, child exploitation and sex tourism, illegal weapons trade, export violations, commercial fraud, intellectual property theft, human smuggling and trafficking, narcotics smuggling and trafficking, identity and benefit fraud, human rights violations, transnational gang activity, counterterrorism, and visa security.

How to Obtain Information From ICE

The ICE website, www.ice.gov, offers important information such as its "Online Detainee Locator System" (for people whose non-citizen family members have been arrested by ICE. Be warned, however, that the information there is not always reliable, and will be provided only for detainees who are 18 or over). The website also provides a place to report suspicious activity (on the HSI Tip Form); and offers statistics on ICE's removal of foreign nationals and its enforcement activities.

How to Behave During an ICE Raid

For anyone fearing deportation, it can help to plan in advance how to deal with ICE. The last thing you want to do is panic or fight back.

ICE's powers are not unlimited. Both U.S. citizens and foreign nationals have the constitutional right to remain silent upon questioning by ICE or other law enforcement officials (though in some states, the law says that you must, at a minimum, give your name). But you must explain what you are doing, ideally by saying, out loud:

I do not wish to speak with you, answer your questions, or sign or hand you any documents, based on my 5th Amendment rights under the United States Constitution.

Exercising this right to silence is definitely preferable to lying or presenting false documents pretending to have valid immigration status. For one thing, such actions can get you into trouble by itself and prevent any further possibility of obtaining long-term or permanent legal status in the United States.

You can also to refuse to open the door to your residence unless presented with a warrant for entry. Here again, lawyers have developed language for you to use, as follows: "I do not give you permission to enter my home based on my 4th Amendment rights under the U.S. Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door. I do not give you permission to search any of my belongings based on my 4th Amendment rights."

A nonprofit called the Immigrant Legal Resource Center provides this language printed on handy red cards in various languages. The sad truth of the matter, however, is that many people, U.S. citizens and others, have reported ICE violations of these rights.