Panel Discusses Controversies around ICE
A panel was presented in the MUC Ballroom to address prevalent questions about handling encounters with ICE agents and what immigration law looks like in the state.
The panel comprised four law experts: Joy Moore (USD law professor), Jerry Miller (Defense attorney and former sheriff), Heidi Oligmueller (Defense attorney and alumna), and Taneeza Islam (founder of South Dakota Voices for Peace). Each weighed in on their area of expertise regarding the subjects.
The panelists noted that their answers should not be taken as “legal advice,” as laws on these topics are constantly evolving, though a few things remain consistent.
When confronted by an ICE agent, the panel vehemently suggested exercising your Fifth Amendment right to remain silent, as not verbally engaging with officers will help you more in these scenarios. Agents are not allowed to detain any individual without reading the Miranda rights or officially declaring someone is in custody.
Photo of card handed out at the panel with what to do and say if approached by an ICE agent.
If this has not occurred, by law, you are not required to remain present even if verbally demanded. There are instances of agents not following these rules, so one must always remain vigilant if confronted.
It was also suggested that under no circumstances should one physically engage with agents in any situation, as it can lead to one’s arrest with the charge of obstruction.
The general status of immigration law was also largely discussed at the panel. Immigration law remains one of the most complicated in the country due to the ever-evolving relationship the U.S government has with immigration.
According to the panel, since the initial immigration laws were established in 1952, there have been many instances where immigrants have been taken advantage of or their rights trampled on. Panelist Moore reflected on the tough situation many families face, especially now,
“There’s either a bad choice or the worst choice for immigrant families,” said Moore.
When it comes to legal services within South Dakota, the state struggles to protect the rights of others who may be detained by ICE. Panelist Islam reveals this fact:
“South Dakota actually ranks 50th among all states when it comes to legal services,” said Islam “Many systems are just not in place to help people who can’t afford to defend their rights.”
A result of this status has led to a tense relationship between state citizens and the status of ICE involvement.
Resources are available to those who wish wishing to keep track of the changing laws. The Immigration Policy Tracking Project is a website that tracks the changes in immigration law, and is highly encouraged by members of the panel.
Advocacy groups such as South Dakota Voices for Peace are also designed to help those wrongfully detained. The panel also supplied small red cards that can be recited in the event you do not wish to speak to an ICE officer. Knowing your constitutional rights and remaining cool-headed when confronted are things to always keep in mind.
The panel acknowledged the turbulent events and emotions surrounding ICE and immigration over within the last few years, and encouraged everyone to stay informed and to reach out to UPD officers in the event that any situation involving ICE occurs.
