Across the nation, ICE Raids have been sweeping the country. President Donald Trump and his administration have made it a focus within their first week in office to deport undocumented immigrants with criminal histories. As a result, all immigrants are currently in fear of the administration’s actions. 

Specifically, here in New Jersey, ICE raids have already begun to take place. Just last Thursday in Newark, ICE agents raided a local business without a warrant and made arrests, including American citizens who were taken into custody. Mayor Ras Baraka spoke out about the incident and stated that, “One of the detainees is a U.S. military veteran who suffered the indignity of having the legitimacy of his military documentation questioned.” He was, in fact, a documented citizen. 

In an interview with WHYY-TV Erik Cruz Morales, who is the policy and advocacy manager for the New Jersey Alliance for Immigrant Justice, stated that, “A lot of innocent people in a lot of communities are going to be hurt by this,” he said. “It’s going to erode the trust communities have in government.”

This was in response to the White House “border czar” Tom Homan who has continued to state that ICE operations are focusing on going after immigrants who are wanted killers and gang members with criminal records. 

However, during the first presidential briefing Karoline Leavitt, who at just 27 years old is the youngest person to serve as White House press secretary, stated that, “All of them, because they illegally broke our nation’s laws and therefore they are criminals as far as this administration goes,’’ when asked how many of the immigrants that had been arrested by ICE since Trump returned to power on Monday (1/20) have criminal records.

Under the U.S. Constitution, undocumented immigrants have protected rights, yet many are unaware of this. As pointed out by Araceli Argueta, who is the director of the organizing and advocacy for the American Friends Service Committee’s Immigrant Rights program, “They have the right to make a call, they have the right to an attorney, to have representation, and that representation to be facilitated for a due process,” she stated.

Everyone in the United States is guaranteed certain rights, regardless of their immigration status. However, with some immigrants unaware of this, many do not exercise their rights and are detained. This is especially true with the new quota system which the Trump administration installed; this system sets the new quota to at least 1,200 immigrant arrests a day—a huge increase from the few hundred a day. This new quota has created an uptick in arrests among undocumented immigrants. According to the Washington Post, this would mean New Jersey would have to be making at least 75 daily arrests to adequately meet the quota.

So, what are some of the most important rights that they are guaranteed? Immigrants are protected by the 4th, 5th, 6th and 7th Amendment in the United States. The 4th Amendment  guarantees that they have the right to be free from searches or detention without just cause. This gives them the opportunity and right to hold law enforcement accountable. 

They are also protected by the 5th Amendment which states that they have the right to remain silent and not answer any questions. This includes questioning about where they were born and their immigration status. 

Finally, the 6th and 7th Amendment grants the right to an attorney and due process. However, Argueta made the argument that some immigrants were being picked up and being deported immediately; however, that violates the 6th and 7th amendment. 

“We are trying to build communities, we are trying to drive up everybody else in this country,” Argueta told WHYY-TV. “Everybody deserves to be treated with dignity, we are trying to build a society that is good for all of us.” 

Many argue that these deportations are meant to protect U.S. citizens, while others argue that America is a nation of immigrants.No matter your stance, the U.S. The Constitution protects the rights of both citizens and noncitizens; therefore, it is pertinent to stay informed and be aware of the rights that are granted to everyone.