The scenes in which witnesses or relatives record the United States Immigration and Customs Control Agents (ICE) are increasingly common in the midst of a migratory operation, raid or arrest.
But many do not know whether this is legal or not.
In this new immigration guide and your rights we consult the criminal lawyer Javier Ríos on this subject.
Can we record immigration agents without getting into trouble?
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“Yes. The first amendment of the federal law protects your right to film, record or take photos of the police when they are doing their job in a public area,” said the lawyer.
Can you stop me from recording?
“When one is in an area that is not public, the owner of the property can control the actions,” Ríos explained. “For example, when one is perhaps in a store or in an office, the owner of the office has the right to say that ‘no’.”
How close to the officers can I record them?
“One must use common sense. One must maintain a reasonable distance and not prevent police work. When one physically prevents police work, that can cause for criminal charges. There is a position, it is a minor crime, to prevent the police when they are doing a job,” he added.
What can I do if the agents take my phone?
“One can say, ‘Mr. Police, you must have a registration order to see what is on my phone.’ When they ask for example, the right or permission to see what is on your phone or what you have recorded, one can say no.”
If they get violent, the lawyer recommends the following: “Do not physically increase what is happening. One does not want the accusation of fighting with the police.”
It is also important that before sharing a video verify that the information you are uploading is correct. It does not spread rumors that can only confuse and scare.
