(ESPAÑOL) Would you open your door to a police officer if he was actually an ICE agent? Although you do not have to open your door to either of them, unless you called them or they have a warrant, this is a ruse that has often been under fire by immigration advocates due to its lack of ethicality or even legality.
Although the obvious argument in favor of such practice is that ICE officials must be able to reach illegal immigrants to be able to process them for deportation, the drawback to such practice is evident: illegal immigrants will be unwilling to reach out to police officers or help them with their investigations if they fear they are actually ICE agents in disguise.
This is an ever-prevalent practice and concern in cities with large immigrant/illegal immigrant populations such as Los Angeles and San Francisco, where such reticence in reaching out to law enforcement could become a serious public safety issue.
Frances Miriam Kreimer, senior attorney in a San Francisco law firm, finds this policy fundamentally unfair and detrimental, and is currently challenging its legality.
These practices are internally allowed and encouraged by ICE officials, described as an effective tool at their disposal. Virginia Kice, spokeswoman for ICE, declined to comment on the practice, citing the safety and effectiveness of their agents as grounds for confidentiality.
Police themselves have the right to mislead and misinform suspects to carry out their investigations, although the officer still needs permission from a consenting adult to enter a residence unless in possession of a warrant.
Most legal challenges against ICE officials using these ruses have risen when the official so thoroughly misleads the person as to render their consent meaningless or otherwise forced their way into the home unbidden, which the courts have ruled unconstitutional.
Regardless of the legality of such actions, the advice to illegal immigrants, and citizens in general, is this: you do not have to allow a warrantless police officer into your home, and there is always a possibility the person is an ICE agent.