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Legal rights in focus as expedited immigration raids get underway

WVIA News is covering issues related to changing immigration policy in the U.S.
Sarah Hofius Hall / WVIA News (AP photo)
WVIA News is covering issues related to changing immigration policy in the U.S.

Changes in immigration policy pose risks not just for undocumented immigrants but for family members who may be U.S. citizens.

“My daughter is an American citizen, yet she was treated like a criminal,” a nervous father said.

The man spoke at a recent community meeting in Lackawanna County as President Donald Trump's enhanced immigration enforcement measures took effect under a process known as "expedited removal."

He said his daughter was detained recently by immigration officers while on a bus trip.

Despite his daughter carrying her driver’s license at the time of her detention, the man said she was held by ICE until her family presented proof of her citizenship.
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“We are left wondering who is ICE targeting if even U.S. citizens are not safe,” the man asked.

NEWARK, NEW JERSEY - Mayor of Newark Ras Baraka speaks at the groundbreaking celebration for a new development in Newark, New Jersey on April 26, 2022.
Bennett Raglin
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Getty Images
NEWARK, NEW JERSEY - Mayor of Newark Ras Baraka speaks at the groundbreaking celebration for a new development in Newark, New Jersey on April 26, 2022.

Nationwide concerns, local raids?

He is not alone.

Last month in Newark, New Jersey, U.S. Immigration and Customs Enforcement (ICE) agents raided a local fish market. According to WHYY News, Newark Mayor Ras Baraka said the agents entered the business without a warrant, and that agents questioned and detained some American workers, including a military veteran.

“When I got this information, I was appalled, upset and angry that this would happen here in this state, in this country, that this would be allowed,” said Baraka, who accused government officials of racial profiling.

The scope of arrests and detentions is expected to expand dramatically.

According to The National Immigration Law Center, a Los Angeles-based advocacy group, ICE and U.S. Customs and Border Protection (CPB) previously used expedited removal against people within 100 miles of the border and within 14 days of their arrival.

"Now, the government has said it plans to use expedited removal anywhere in the country against any undocumented person who can’t prove they have been in the U.S. continuously for two years before the arrest," the center's website states.

Unconfirmed reports raise the question of whether such operations have gotten underway in Northeast Pennsylvania.

Posts on social media have included photos of uniformed law enforcement agents taking men into custody in what appeared to be the Barney Farms area of South Wilkes-Barre.

One of the officers was wearing a vest labeled "HSI," which stands for Homeland Security Investigations. Like ICE, it is an agency of the Department of Homeland Security and DHS.

ICE and DHS did not respond to emails seeking comment, though an ICE spokesperson previously told WVIA News he could not comment on operations.

Efforts to reach Wilkes-Barre Mayor George Brown directly and through a spokesperson were not immediately successful.

In Lackawanna County, meanwhile, Sheriff Mark McAndrew has not heard of any sweeps there, a spokesman said.

Rep. Rob Bresnahan (R-Luzerne) said Friday afternoon that he had not heard of any deportation cases from Northeast Pennsylvania.

Sunday afternoon brought more unconfirmed reports of suspected immigration activity, this time in West Hazleton.

One eyewitness said he observed dark vehicles and people in ICE vests surrounding a man on North Broad Street in the borough. A video circulating on social media showed what appeared to be vested federal agents gathered around a man outside a home in that neighborhood.

Focus on legal rights

Incidents such as the Newark raid and the bus rider's experience have raised concerns about ICE’s methods and the potential for racial profiling during enforcement.

The father who spoke in Lackawanna County was among many gathered at an event to learn more about their rights in this rapidly changing environment.

An immigration lawyer at the meeting provided resources and education to more than 180 families.

There are growing concerns about immigration enforcement tactics, including allegations that ICE agents falsely identify themselves as local police officers to gain access to homes.

Attendees were educated on their constitutional rights, including protections under the Fourth and Fifth Amendments.

The Fourth Amendment protects people from unreasonable searches and seizures by the government — though the key word is "unreasonable," so it doesn't prohibit all searches and seizures. The Fifth Amendment provides due process rights, including protection against self-incrimination.

Participants learned that ICE agents often present administrative warrants — not judicial warrants signed by a judge — which do not authorize entry into homes without consent.

The expert emphasized that individuals have the right to refuse entry and to request verification of a valid judicial warrant.

“Do not open the door unless it’s a judicial warrant,” the attorney advised. “Know your rights — they’re your most powerful protection.”

Community members were reminded of their rights to:

  • Refuse entry to ICE agents without a judicial warrant.
  • Request legal representation if approached or detained by immigration officers.
  • Remain silent to avoid self-incrimination under the Fifth Amendment.

Experts stressed the importance of vigilance and education, encouraging families to discuss action plans in case ICE agents arrive at their homes or workplaces. They also provided materials in multiple languages to ensure accessibility for all attendees.

Organizers encouraged residents to continue building networks of support and advocacy to protect immigrant families.

Truth vs. rumors

Buses like the one the man's daughter was riding are a distinct area for concern. But like many concerns, the background can be complicated.

The exact circumstances of the stop were not clear — including routes — but immigration officers have been known to board long-distance buses in the past.

Greyhound, the nation's largest carrier, announced in 2020 that it would stop allowing Border Patrol agents to conduct routine immigration checks on its buses without warrants. The move came after the bus line came under criticism for allowing the searches. Another major carrier, Peter Pan, announced at that time it would allow them continue.

The ACLU points out that Border Patrol agents may board buses and trains within 100 miles of the U.S. border — that includes ocean coasts — either at stations or while the vehicle is on its journey.

At the same time, rumors of other incidents have raised concern, only to be debunked.

According to the Milwaukee Journal Sentinel, ICE disputed viral reports that its agents had detained a Puerto Rican family after hearing them speaking Spanish while shopping.

Puerto Rico is a U.S. territory and Puerto Ricans are American citizens.

An ICE spokesperson told the newspaper reports of the detention were "completely false."

In San Francisco, meanwhile, a middle schooler in January said they were approached by an ICE officer on a city bus. The report led to panic in the community, but ICE later told local media the agency was not conducting any operation on San Francisco buses that week.

President Trump signs the Laken Riley Act in the East Room of the White House on Jan. 29.
Pedro Ugarte
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AFP via Getty Images
President Donald Trump signs the Laken Riley Act in the East Room of the White House on Jan. 29.

Ramping up enforcement

The pace of enforcement is picking up exponentially across the country.

This week's signing of the Laken Riley Act is only expected to speed up the removal process. As NPR reported, the bill would make it easier for immigration officials to detain and deport those in the country illegally who are charged with crimes ranging from minor theft to assault on law enforcement.

The bill is named for a 22-year-old nursing student found dead on the campus of the University of Georgia in Athens. A Venezuelan man who authorities say entered the U.S. illegally was charged with her murder.

U.S. Rep. Rob Bresnahan
Hannah Pope
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U.S. Rep. Rob Bresnahan's Office
U.S. Rep. Rob Bresnahan

It passed the House 263-156 with the support of 46 Democrats. The Senate approved it by a 64-35 vote with the support of 12 Democrats including Pennsylvania Sen. John Fetterman, who co-sponsored the bill in the Senate and attended Trump's signing ceremony.

“I believe a secure border creates a more secure nation and it’s just common sense," Fetterman, a Democrat, said in a statement released this week.

“I believe a stronger border is fully compatible with my commitment to immigration," Fetterman added. “I also believe our nation should protect our Dreamers. I believe this nation is tired of leaders in D.C. prioritizing fighting over governing. I believe Pennsylvania elected me to fight for a better commonwealth and to work with both sides of the aisle.”

Fetterman's press office did not respond to a request for additional comment regarding his views on immigration policies and the ongoing sweeps.

Efforts to reach spokespeople for Rep. Dan Meuser (R-Luzerne) and fellow Republican Sen. Dave McCormick, were not immediately successful.

Bresnahan spoke about immigration issues with WVIA on Friday, including his support for the Laken Riley Act.

"I don't think it was too absurd to deport illegal migrants that then commit another crime. I don't think that's a ridiculous request," Bresnahan said.

The new congressman also expressed supports the president's policies and how they are being enforced.

"You're illegal if you came into the country illegally," Bresnahan said.

Hazleton Mayor Jeff Cusat said his city's police will cooperate with any law enforcement agency to protect its residents.

"We don't want people that are criminals here. You know, the people that are going to get removed are serious criminals," Cusat said.

He doesn't believe there's going to be urgency to remove anyone "that's here and mixed into the public ... and adapting."

"I think, I think the plan is to find the people that are threatening to other citizens, and we don't want them here," the mayor said.

Additional resources

Roger DuPuis joins WVIA News from the Wilkes-Barre Times Leader. His 24 years of experience in journalism, as both a reporter and editor, included several years at The Scranton Times-Tribune. His beat assignments have ranged from breaking news, local government and politics, to business, healthcare, and transportation. He has a lifelong interest in urban transit, particularly light rail, and authored a book about Philadelphia's trolley system.

You can email Roger at rogerdupuis@wvia.org
Borys joins WVIA News from The Scranton Times-Tribune, where he served as an investigative reporter and covered a wide range of political stories. His work has been recognized with numerous national and state journalism awards from the Inland Press Association, Pennsylvania Associated Press Managing Editors, Society of Professional Journalists and Pennsylvania Newsmedia Association.

You can email Borys at boryskrawczeniuk@wvia.org