• U.S. Immigration and Customs Enforcement has been publicizing arrests and detainments since President Donald Trump issued an executive order Jan. 20.
• The order revoked some of former President Joe Biden’s immigration policies, further empowering the agency and authorizing broader efforts to arrest and detain non-citizens.
• Since the order was issued, no major ICE raids appear to have occurred in Delaware.
• Whether local police agencies will cooperate with ICE is not yet known.
• Follow ACLU guidance when encountering ICE officers.

With ICE raids occurring across the nation following President Donald Trump’s Inauguration Day executive order, it’s important to stay current on the order’s enforceability and to know what to do if you encounter Immigration and Customs Enforcement officers.

Trump’s “Protecting the American People Against Invasion” further empowers ICE to detain and arrest immigrants, calls for law enforcement to act as immigration agents and orders a freeze on the distribution of federal funds to organizations that are supporting or providing service to immigrants living in the country illegally. The latter has already resulted in lawsuits, one of which Delaware has joined.

Rumors of ICE activity abound in Delaware, but immigration officials have refused to provide any information so far. Just one ICE detainment has been confirmed, by Ocean View Police Chief Kenneth McLaughlin, who said the agency made an arrest there over the weekend.

“An officer on patrol observed federal officers on the shoulder of the roadway with a suspect in custody. The officer contacted the federal officers and stood by until they cleared the scene,” McLaughlin said.

Find out more about Trump’s order, law enforcement’s role in ICE raids, ICE’s current efforts throughout the country and how to handle an ICE encounter below.

What the order says

Trump issued an executive order Jan. 20 invalidating several of former President Joe Biden’s immigration orders, including policies related to asylum seekers, family reunification and enforcement priorities.

The order calls for the establishment of Homeland Security task forces in each state. The task forces will focus on non-citizens who also have criminal histories, Trump has indicated, and the order mentions cartel and gang members and human traffickers.

Task forces will include law enforcement representatives, and the order empowers Homeland Security Secretary Kristi Noem to give police the authority to act as immigration officers.

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Noem is also ordered to establish detainment facilities to house “removable aliens,” pending the outcome of removal proceedings.

While most of Trump’s order focuses on empowering ICE, part of it calls for a “pause” on federal funding while a review is conducted to ensure the money isn’t going to organizations supporting or providing services to “removable or illegal aliens.”

A federal judge temporarily blocked the pause Monday, and a hearing on the matter will be held on Monday, Feb. 3. On Wednesday, the federal Office of Management and Budget rescinded a memo related to the funding freeze, which many took to mean the freeze itself had been rescinded. White House Press Secretary Karoline Leavitt later clarified on X that the executive order remains “in full effect.”

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How local law enforcement is involved

A Delaware task force has not yet been formed.

The Delaware Department of Homeland Security has not been contacted about the matter, department spokesman John Peterson said, and neither have various police agencies that Delaware Online/The News Journal reached out to.

Other than Ocean View, none of the contacted police agencies know of any recent ICE activity in their jurisdictions and none of them have been contacted by ICE.

“In regards to any future requests made by (ICE) … the Delaware State Police refrains from engaging in hypotheticals and manages the facts of real time situations and their potential impact to public safety,” state police spokesman Lewis Briggs said. “The Delaware State Police’s focus is to ensure public safety for all Delawareans and visitors to this great State.”

Wilmington Police Department spokesman David Karas said his department does “not intend to participate in federal immigration operations.”

Dover Police Chief Thomas Johnson said in a statement his department has “no capacity” to take on the additional role of immigration enforcement. However, Dover police view ICE as a partner similar to the Federal Bureau of Investigation or the Drug Enforcement Administration, he said.

When asked if his department has any policies related to assisting ICE, Seaford Police Department Chief Marshall Craft said a draft policy has been submitted to the city manager and solicitor for review.

“Once we have an approved policy, we will conduct training with our officers,” Craft said.

Georgetown Police Department Chief Ralph Holm issued a statement on ICE, but did not say whether or not his agency will assist them.

The Delaware Department of Justice has taken a firmer stance on Trump’s order. Attorney General Kathy Jennings said in a statement Wednesday:

“Our immigration system is undeniably broken, but fear-based policies are not the answer. I will not tolerate violent crime in Delaware — but neither will I be intimidated or deputized for terror raids. Our job is to ensure all residents — our neighbors, coworkers, and friends — feel secure and valued under the law.

“We believe in the rule of law, and that means defending the Constitution, ensuring public safety, and respecting the humanity of all Delaware residents. My focus remains tackling violent crime, gang violence, and gun trafficking — and make no mistake, people who commit crimes and endanger our community will be arrested and deported, full stop. But it does not advance public safety to terrify families, to make witnesses think twice about reporting crime, or to undermine public trust in law enforcement.”

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ICE’s efforts so far

While the task forces are yet operating, ICE continues to make arrests and detainments. The agency’s social media feed is now featuring daily totals.

On Tuesday, for example, ICE reported 969 arrests and 869 “detainers lodged.” The posts began on Thursday, Jan. 23, and as of Wednesday, the arrests totaled about 4,500.

The numbers, however, aren’t necessarily remarkable. USA TODAY reported more than 271,000 people were deported last year, according to an ICE report, the most since 2014.

Jorge Vela is a lawyer who has represented clients accused of committing violent crimes while in the U.S. illegally. He lives in the Austin, Texas, area, which is one of the regions most targeted by ICE recently.

“This is nothing new so far from what I have seen,’’ Vela told the American-Statesman. “It’s just that more resources are being devoted to that, and this feels like an initial show of force.”

Texas cities such as Houston, San Antonio, Austin and Laredo saw raids over the weekend, where the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Agency were involved, according to a USA Today article. Numbers were not immediately available.

Since Jan. 20, raids have also been carried out:

What to do if you encounter ICE

Regardless of your immigration or citizenship status, the Constitution guarantees certain rights, according to the American Civil Liberties Union. The following is the ACLU’s list of “Immigrants’ Rights,” shared with permission.

If law enforcement asks about your immigration status

How to reduce risk to yourself:

• Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.
• Don’t lie about your status or provide false documents.

Your rights:

• You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
• If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
• If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions.

What to do in such an encounter:

• In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.
• If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.
• Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions.

If you’re stopped by ICE or police

How to reduce risk to yourself:

• Stay calm and do not resist or obstruct the agents or officers.
• Do not lie or give false documents.
• Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Your rights:

• You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)
• You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon.
• If you are arrested by police, you have the right to a government-appointed lawyer.
• If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives.
• You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

What to do if you are arrested or detained:

• Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
• If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer.
• If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.
• Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.
• Keep a copy of your immigration documents with someone you trust.
• If you are a non-citizen: Ask your lawyer about the effect of a criminal conviction or plea on your immigration status. Don’t discuss your immigration status with anyone but your lawyer. While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer. Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

If you believe your rights were violated:

• Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
• If you’re injured, seek medical attention immediately and take photographs of your injuries.
• File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

If police or ICE are at your home

How to reduce risk to yourself:

• Stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door.

Your rights:

• You have the right to remain silent, even if officer has a warrant.
• You do not have to let police or immigration agents into your home unless they have certain kinds of warrants.
• If police have an arrest warrant, they are legally allowed to enter the home of the person on the warrant if they believe that person is inside. But a warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent.

What to do when the police or ICE arrive:

• Ask if they are immigration agents and what they are there for.
• Ask the agent or officer to show you a badge or identification through the window or peephole.
• Ask if they have a warrant signed by a judge. If they say they do, ask them to slide it under the door or hold it up to a window so you can inspect it.
• Don’t lie or produce any false documents. Don’t sign anything without speaking with a lawyer first.
• Do not open your door unless ICE shows you a judicial search or arrest warrant naming a person in your residence and/or areas to be searched at your address. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
• If agents force their way in, do not resist. If you wish to exercise your rights, state: “I do not consent to your entry or to your search of these premises. I am exercising my right to remain silent. I wish to speak with a lawyer as soon as possible.”
• If you are on probation with a search condition, law enforcement is allowed to enter your home.

If you need a lawyer

Your rights:

• If you are arrested by the police, you have the right to a government-appointed lawyer, and should ask for one immediately.
• If arrested, you have the right to a private phone call within a reasonable time of your arrest, and police may not listen to the call if it is made to a lawyer.
• If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives.
• If you are detained, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge.

More information is available at aclu.org.

Shannon Marvel McNaught reports on southern Delaware and beyond. Reach her at smcnaught@gannett.com or on Twitter @MarvelMcNaught.