On May 2, a video given to Telemundo shows U.S. Immigration and Customs Enforcement (ICE) officers attempting to enter a residence in National City, California. The front door of the home is secured with a gate. The ICE agents trying to get inside the home are heard asking the residents to open the door.
The video captures residents inside the home demanding that ICE shows them a warrant.
The agents insist that they open the door, but the mother and 11-year-old daughter Jocelyn (who was the one recording the video) demand to be shown a warrant. They tell them “you cannot come in without a warrant.”
One of the agents responds by saying “Ma’am, you’re watching too much movies,” and then says: “We’ll show you the warrant when we’re done.” But the mother requests that they slip the warrant under the door. From the time the video began until the end of the recording, they are never shown a warrant.
ICE entered the home without showing them a warrant and arrested 31-year-old Alberto Alonso Hernández.
This video is chilling. There’s no question — ICE is America’s Gestapo. https://t.co/ZmkpBxHWlh
— Nathan H. Rubin (@NathanHRubin) May 10, 2018
According to the American Civil Liberties Union (ACLU), they state on their website that legally ICE agents cannot enter a home without a warrant. “If officers are at your door, keep the door closed and ask if they are Immigration agents, or from ICE. Ask the agents what they are there for.”
“Opening the door does not give the agents permission to come inside, but it is safer to speak to ICE through the door.”
Further more, according to ACLU: “If the agents want to enter, ask them if they have a warrant signed by a judge. If ICE agents do not have a warrant signed by a judge, you may refuse to open the door or let them in. An administrative warrant of removal from immigration authorities is not enough. If they say they have a warrant, ask them to slip the warrant under the door.”
The family in the video did exactly what they were supposed to do. They asked to see the warrant, and even asked them to slip it under the door. ICE agents did not. They said: “we will show you once this is done.”
ACLU also informs, what to do if they enter anyway:
“If agents force their way in anyway, do not attempt to 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.'”
It’s unclear what happened after ICE entered the home because the recording ended.
ICE has to show a warrant to enter someone's home. The young woman heard on the video asks for the warrant. ICE agents mock her "you've seen too many movies," and then forcefully enter the home with guns out. A child is heard crying in the background. ICE IS OUT OF CONTROL. https://t.co/9fxCfgbyDT
— Julissa Arce (@julissaarce) May 9, 2018
In an emailed statement to mitú, ICE said that Alonso-Hernandez is a Mexican national and was taken into ICE custody by officers with the San Diego Enforcement and Removal Operations (ERO) office.
“ERO officers attempted to arrest Mr. Alonso-Hernandez during a vehicle stop near his residence. The suspect fled from the scene and hid inside his house, forcing the officers to obtain a criminal arrest warrant for illegal re-entering the United States. The warrant was issued by a federal judge and Mr. Alonso-Hernandez was taken into custody at his residence several hours later.”
They added that ICE legally obtained and properly executed a federal criminal arrest warrant issued by the U.S. District Court for the Southern District of California. But they didn’t state when the agents actually showed the warrant to the family.
ICE goes on to say that Alonso-Hernandez was targeted for arrest based on his prior criminal and immigration history. ICE records reveal he was convicted for battery of a spouse in 2007, and has illegally re-entered the United States 16 times since 2003.