What are federal agencies like ICE, the National Guard and the FBI allowed to do? Immigration and Customs Enforcement, the FBI and several other agencies can legally make arrests without a warrant if they have probable cause to believe a crime has been committed or that a person is in the country illegally and may flee before a warrant is obtained. The FBI was authorized this week to work overnight shifts in D.C. to respond to local crime as part of the overall law enforcement rollout, which could include supporting other agencies at traffic stops. ICE can also detain someone without a warrant if agents have “reasonable cause,” a lower legal threshold that can be based off an officer’s subjective determination that there are sufficient grounds to believe a crime may have been committed. ICE can make arrests in public places — including spaces such as areas of a restaurant where patrons are allowed or the lobby of an office where anyone can enter. However, to enter a private place such as a home or a restricted area of a business, a warrant or the owner’s consent is necessary. If an immigration officer asks to see documents verifying your immigration status — such as a passport, green card or employment authorization form — and you are not a U.S. citizen, you must show them if you have them with you, according to Monica Hopkins, executive director of the ACLU of D.C. If you do not have them, you can say you want to remain silent, she added. “Do not lie about your status or present fake documents,” she said in an email. The National Guard was deployed in D.C. using a law that gives members the power to make arrests. However, Pentagon press secretary Kingsley Wilson told reporters Thursday that Guard members will not be conducting law enforcement activities during their mobilization in D.C. What can all law enforcement officers legally ask of you? “Your rights remain the same no matter which law enforcement agency stops you,” Hopkins said. However, “the difference is in how — or whether — federal law enforcement can be held accountable if you believe your rights have been violated,” she added. The ACLU of D.C. has expressed concerns that federal law enforcement will be able to “act with impunity” while carrying out Trump’s directives in Washington. It cited a comment Trump made this week — that he would let police “do whatever the hell they want” to curb crime — which it said raises concerns of “civil rights abuses to come.” How can you tell what agency an officer is from? Usually, federal law enforcement officers have some form of identification visible, such as a badge, Hopkins said. But there are exceptions, such as when an agent is undercover. In high-profile cases this year, ICE officers have declined to give their names and used face coverings and unmarked vehicles when carrying out arrests and detentions. This is unusual, but it could be legal. Federal officials say the practice protects officers from doxing (having their private information maliciously published on the internet). There is no constitutional prohibition on immigration officers’ use of masks or face coverings, but they are legally required to identify themselves as an immigration officer when making an arrest as soon as it is “practicable.” ICE officers can also legally employ ruses — or deceptive tactics — to access someone’s private property, such as pretending to be from a different law enforcement agency. D.C. police are also allowed to lie to extract information, according to the ACLU of D.C. Do checkpoints change your rights? Rights that apply in other public places, such as the right to remain silent, also apply at checkpoints. D.C. Police Chief Pamela A. Smith issued an order Thursday that said D.C. police officers are permitted to share information obtained at traffic stops with federal immigration enforcement agencies such as ICE, and in other situations in which the person is not in police custody. Arelis R. Hernández contributed to this report. | 
