ICE and the use of force: Know its powers and legal limits

     Physical integrity and security are fundamental rights that apply in any interaction with federal authorities. However, recent events in Operations and arrests by Immigration and Customs Enforcement (ICE) raise questions about legal limits and the use of force. Such is the case of Renee Nicole Good, a U.S. citizen who died after being shot by an ICE agent during a raid in Minneapolis. The news has sparked a wave of protests and diverse opinions: while many have considered it an abuse of power, others, such as Homeland Security Secretary Kristi Noem, maintain that the agent acted in self-defense.

     For Serving Immigrants, it is very important to be able to educate and inform the community about the protocols that govern the use of force, ensuring that any person residing in the United States (regardless of their immigration status) understands the legal framework that protects their well-being during an arrest or raid.

What is ICE?

     It is the agency responsible for both identifying criminal activities and eliminating vulnerabilities that pose a threat to the country’s border security. Since 2025, ICE has led one of Donald Trump’s core campaign promises: the Mass Deportation Plan. Therefore, it is responsible for enforcing immigration laws, conducting investigations into undocumented immigration, and actively participating in the expulsion of undocumented immigrants throughout the country.

It is worth noting that ICE was created in 2003 through the National Security Act, in response to the terrorist attacks of September 11, 2001.

Arrest powers

     ICE defines its work as a commitment to public and national security; however, it differs from other US police departments because its powers are limited by the Immigration and Nationality Act (INA):

The Section 287 of the INA (8 U.S.C. § 1357) It states that:

• Officers have the authority to question anyone they believe to be a foreigner about their right to be in the United States.
• They may arrest any alien who, in their presence, is entering or attempting to enter the United States in violation of the law regulating the admission, exclusion, expulsion, or removal of aliens.
• An officer may arrest a person without a warrant if they have “reasonable grounds” to believe that the individual is in the country in violation of immigration laws and if there is a likelihood that the individual will escape before a warrant can be obtained.
• They have access within a reasonable distance (twenty-five miles) from any external boundary of the United States.

The use of force

    ICE’s authority to use physical force is a delegated power to carry out arrests safely. However, this power is strictly regulated:

• Based on the Fourth Amendment and the case Graham v. Connor (1989) The force must be proportional to the resistance.
• According to the Code of Federal Regulations (8 CFR § 287.8) Officers must use the minimum level of force necessary. Force is not an officer’s right, but a tool of last resort to achieve a lawful objective (such as an arrest or self-defense).

This demonstrates that ICE’s power to arrest and use force is strictly limited by the Constitution and federal regulations. The duty of care and acting with due cause are fundamental principles that aim to ensure the immigration system operates without violating the dignity and physical integrity of immigrants. In a complex and often tense system, transparency and adherence to these standards are the only mechanisms that guarantee justice prevails over arbitrariness.

At Serving Immigrants, we prepare our clients to confidently face any encounter with ICE, and in case of detention, remember that you can count on our assistance.