Due to a court case during the first Trump administration, Castañon Nava et al. v. Dep’t of Homeland Security et al., No. 18-cv-3757 (N.D. Ill.),  ICE issued a nationwide policy setting forth requirements for making warrantless arrests and vehicle stops.  If immigration violates the policy by arresting an individual without a warrant or during a vehicle stop, the individual may qualify for certain relief.

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Under the policy, ICE must document the facts and circumstances surrounding a warrantless arrest or vehicle stop in the individual’s arresting documentation, called an I-213, including:

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• The fact the noncitizen was arrested without an administrative warrant;

• The location of the arrest (e.g., place of business, residence, vehicle, or a public area);

• If arrested at a business, whether the individual is an employee of the business; if arrested at a residence, whether the person resides at that place of residence;

• Ties to the community, if known at the time of arrest, including family, home, or employment;

• The specific, particularized facts supporting the conclusion that the individual was likely to escape before a warrant could be obtained; and

• A statement of how the ICE officers identified themselves as ICE and “state[d] that the person is under arrest and the reason for the arrest.”

• With respect to vehicle stops, ICE must also document specific facts that formed the basis for its reasonable suspicion that a person in the vehicle did not have legal status.

• The settlement also requires ICE to submit documentation to counsel confirming compliance with warrantless arrests in the Chicagoland area.

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The National Immigrant Rights Center has a page that details how you can screen and refer people for release if you believe their rights were violated under immigration enforcement not adhering to this policy.