In of itself, its not inherently illegal to detain someone when you’re not a cop (e.g., shopkeepers’ privilege). Same holds true if you see someone firebombing a school. You can detain someone for criminality until police arrive.
Just, ICE isn’t a police force related to a criminal matter. Immigration is civil under Article II. It’s why they cannot enter your home or a business on their own like cops can, and they cannot get a warrant from an immigration judge to do so since immigration proceedings are an executive agency matter under homeland security. That makes the immigration judge an administrative judge under Article II rather than a full judge under Article III. So, they cannot detain someone while off duty in any manner related to immigration.
Citizen’s arrest is generally pretty narrow in what / when it allows, even with the added protections to the process shopkeepers privilege grants to buisnesses.
The major hurdle is in most states you have to have witnessed the offense occur, (or a similarly high bar of burden of proof) or and in most states it must be a felony they commited.
Illegal immigracommitted. Only misdemeanor, unless someone has committed the offense multiple times. (Illegal reentry)
So in most states, the only way one could make a valid citizen’s arrest of an illegal immigrant would be if you litterally watched them sneak over the border multiple times.
In of itself, its not inherently illegal to detain someone when you’re not a cop (e.g., shopkeepers’ privilege). Same holds true if you see someone firebombing a school. You can detain someone for criminality until police arrive.
Just, ICE isn’t a police force related to a criminal matter. Immigration is civil under Article II. It’s why they cannot enter your home or a business on their own like cops can, and they cannot get a warrant from an immigration judge to do so since immigration proceedings are an executive agency matter under homeland security. That makes the immigration judge an administrative judge under Article II rather than a full judge under Article III. So, they cannot detain someone while off duty in any manner related to immigration.
Citizen’s arrest is generally pretty narrow in what / when it allows, even with the added protections to the process shopkeepers privilege grants to buisnesses.
The major hurdle is in most states you have to have witnessed the offense occur, (or a similarly high bar of burden of proof) or and in most states it must be a felony they commited.
Illegal immigracommitted. Only misdemeanor, unless someone has committed the offense multiple times. (Illegal reentry)
So in most states, the only way one could make a valid citizen’s arrest of an illegal immigrant would be if you litterally watched them sneak over the border multiple times.
Rules don’t matter if they aren’t enforced.