As ICE sweeps loom, legal questions remain

There is confusion, even among legal experts, about the fate of potential detainees
ICE agents in uniform
ICE agents Photo credit Getty Images

In what’s been referred to by some as a ‘swamp sweep’, ICE agents will soon have an increased presence in New Orleans. It’s a move welcomed by some Louisiana lawmakers, while others remain wary of the potential legal ramifications. While citizens of all political stripes want to see more criminals off the streets, some are worried that mass roundups could lead to innocent detainees … which could lead to civil suits.

Former NOPD Police Chief Ronal Serpas addressed the controversy and justified the increased ICE presence as ramped-up enforcement of a larger crime problem. He believes increased communication between departments, both federal and local, will lead to a smoother process of welcoming legal citizens while deporting illegal ones.

“Only a handful of people repeat criminal offenses. Some of them are US citizens. Some of them are illegal immigrants. Some of them are legal immigrants. People who are engaged in criminal activity tend to be a very small number of people, but are criminally oriented and may have a whole list of criminal activities. That can include illegal immigration or failing to follow an order of deportation,” Serpas noted.

However, civil rights advocates are concerned about the legality and constitutionality of roundups that many view as discriminatory. Many legal immigrants do not speak English and do not carry the legal paperwork that would be needed in such a sweep on their person, day to day. This could lead to messy civil suits that would need to be addressed by the courts and could take quite some time to resolve.

With so many legal gray areas currently in play, the average person in the US, legally or illegally, is bound to be confused. Even Serpas, who is a Professor of Practice in the Criminology and Justice Department of Loyola University, wasn’t quite sure what documentation fully legal citizens would need to produce if caught up in such a roundup.

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