In a recent internal communication obtained by The Guardian, senior U.S. immigration officials have directed Immigration and Customs Enforcement (ICE) officers to step up enforcement efforts, including expanding arrests of individuals encountered incidentally during operations. These individuals, referred to as “collaterals,” may be apprehended without additional warrants, even if they are not the primary targets of the enforcement action.
The guidance, issued over the weekend by top ICE officials, encourages officers to “turn up the creative knob” and explore new methods of increasing arrest numbers. One email urged agents to “push the envelope” and suggested that “if it involves handcuffs on wrists, it’s probably worth pursuing.”
This escalation of tactics is part of a broader push by the Trump administration to intensify immigration enforcement, fulfilling campaign promises of mass deportations. The move marks a shift from previous policies, as ICE officers are now instructed to consider individuals they encounter during arrests as potential targets, even if no direct warrant for their detainment exists.
Increased Arrest Targets Amid Government Push
The directive follows mounting pressure from figures such as Department of Homeland Security (DHS) Secretary Kristi Noem and White House Deputy Chief of Staff Stephen Miller, who have called for a surge in immigration arrests. Last month, DHS officials recommended increasing arrests to at least 3,000 per day, underscoring the administration’s commitment to more aggressive immigration enforcement.
The emails, written by Marcos Charles, the acting executive associate director of ICE’s Enforcement and Removal Operations, explicitly tell officers to pursue collateral arrests. In these cases, ICE officers may arrest individuals they come across incidentally while executing warrants for others. Such actions have raised concerns, as being undocumented in the U.S. is typically a civil violation, not a criminal offense, meaning many of those arrested may not have a criminal background.
Although collateral arrests without warrants are not illegal, they have traditionally been rare, as legal safeguards require additional documentation. A 2022 court settlement imposed stricter rules on ICE, mandating warrants for all arrests, even in collateral situations. If no warrant is available, ICE must demonstrate probable cause, with officers required to show that a suspect is likely to flee before obtaining a warrant.
Legal Concerns and Challenges
Mark Fleming, associate director of litigation at the National Immigrant Justice Center (NIJC), expressed deep concern about the emails, which he believes signal ICE’s intention to bypass legal requirements. The settlement terms, which expired in mid-May, had imposed safeguards against warrantless arrests. Fleming and the NIJC are currently challenging ICE’s recent actions, alleging the agency violated these terms by making arrests without warrants earlier this year.
“The emails obtained by The Guardian show that ICE has ignored both legal precedents and the conditions laid out in the settlement,” Fleming said. “This indicates an intention to once again violate the law regarding warrantless arrests.”
One email, sent by senior ICE official Francisco Madrigal, emphasized the importance of increasing arrest numbers over the weekend. He encouraged officers to explore new strategies and tactics for arrests and made clear that if arrests involved handcuffs, they should be pursued.
DHS Defends Aggressive Enforcement
The Department of Homeland Security (DHS) defended the administration’s approach, stating that it was focused on deporting “criminal illegal aliens.” DHS Assistant Secretary Tricia McLaughlin pointed to the increased powers given to ICE officers under President Trump’s leadership, asserting that the agency is fulfilling its role in enforcing immigration laws.
“After four years of being restricted in their duties, ICE officers are now empowered to do their jobs and arrest illegal aliens,” McLaughlin said. “This is exactly what the American people elected President Trump to do.”
Shift in Immigration Enforcement Priorities
Michael Kagan, director of the UNLV Immigration Clinic, noted that the push to arrest individuals without warrants represents a significant departure from the policies of the Obama and Biden administrations, which prioritized arresting individuals with criminal backgrounds. Under the Trump administration, however, all undocumented individuals are considered potential targets.
“The practice of collateral arrests is a direct result of this indiscriminate approach,” Kagan warned. He cautioned that such practices could lead to racial profiling and the wrongful arrest of U.S. citizens, as immigration enforcement shifts to targeting anyone without clear priorities.
The expanded scope of ICE’s operations, as outlined in these emails, reflects a broader shift in U.S. immigration enforcement, with significant legal, ethical, and human rights concerns raised by advocates. The continuing debate over the legality and fairness of collateral arrests underscores the complex challenges facing U.S. immigration policy today.
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