• **Immigration and Nationality Act (INA):** This is the primary statutory authority for ICE. The INA grants ICE officers broad powers to make administrative arrests for immigration violations if they have "reason to believe" the person is deportable (INA § 287(a)). This is distinct from a criminal arrest warrant signed by a judge.
• **Administrative Warrants (Form I-200/I-205):** ICE often uses "warrants of removal" or "warrants of arrest" (Form I-200 or I-205) signed by an ICE officer, not a judge. These warrants **do not** authorize entry into a private residence without consent or a separate judicial search warrant.
• **Limited Search Authority:** While they can conduct searches incident to lawful arrest, broad searches of private property typically require a judicial search warrant.
• **19 U.S. Code (Customs Laws):** ICE also enforces customs laws, including interdicting illegal goods and illicit financial flows. This grants them authority related to investigations, seizures, and arrests in these areas.
• **Enforcement and Removal Operations (ERO) Directives:** ICE issues numerous internal directives that guide the conduct of its agents, including policies on identifying themselves, use of force, and interactions at residences. ICE officers are generally required to identify themselves as federal agents and state the reason for an arrest "as soon as it is practical and safe to do so". When at a private residence, they *must* identify themselves.
• **ICE Dress Code Example:** ICE's Enforcement and Removal Operations (ERO) directive 11770.2 requires a professional image but uses vague language like "appropriate for the position and duties performed," which can be interpreted to allow for masked or non-identifiable officers in certain tactical situations, citing officer safety and operational effectiveness.

• **Right to Ask for ID & Warrant:** You have the right to ask for an ICE agent's identification and to see any warrant. If agents claim to have a warrant to enter your home, you have the right to ask them to slide it under the door or hold it up to a window to verify if it is a *judicial search warrant* signed by a judge and specifying your address. If it's only an administrative warrant (Form I-200/I-205), it does not grant authority to enter a home without consent. If they refuse to show a *judicial* warrant for entry, you are not obligated to open your door.
• **Right to Remain Silent:** You can refuse to answer questions, including about your immigration status, unless you are a U.S. citizen or have lawful immigration status and choose to show documentation.
• **No Consent to Entry:** You are not required to open your door to ICE agents unless they have a *judicial* warrant. Politely state, "I do not consent to your entry".
• **Recording:** Individuals generally have the right to record interactions with ICE in public, as long as it does not interfere with the agents' activities.
• **Civil Disturbance Identification (Recent Law):** A recent federal law (post-2020 protests) requires federal agents, including ICE personnel, involved in crowd control during civil disturbances to wear insignia identifying their agency. However, this does not necessarily prohibit wearing masks or plainclothes when making arrests outside of such contexts.

• **Immigration and Nationality Act (INA):** BP's primary authority stems from the INA, granting them powers to conduct inspections of persons, conveyances, and goods at the border and its functional equivalent.
• **Search Authority (Border Zone):** BP has expanded authority to search without a warrant within a "reasonable distance" (defined as 100 air miles by regulation) from the U.S. border or its functional equivalent. However, this authority is not absolute; it still requires reasonable suspicion for stops and searches of vehicles away from the immediate border, and probable cause for searches of homes.
• **Make Arrests:** BP agents can make arrests for immigration violations and other federal crimes within their jurisdiction.
• **Title 19 U.S. Code (Customs Authority):** Grants BP agents authority to enforce customs laws at and near the border.
• **Use of Force Policy:** CBP, like other federal law enforcement agencies, has strict use of force policies, emphasizing reasonable force and de-escalation.
• **Uniform and Grooming Standards:** CBP Careers outlines detailed grooming standards (hair, beards, jewelry, tattoos) and expectations for a professional, uniformed appearance to foster public trust. Badges and official identification are integral parts of the uniform.

• **Wider Search Authority in Border Zone:** Be aware that within the "border zone," BP agents have greater authority for stops and searches than inland law enforcement, though this is not unlimited, especially concerning homes.
• **Vehicle Stops:** BP agents can stop vehicles in the border region if they have reasonable suspicion of an immigration violation or other federal crime.
• **Checkpoints:** BP operates fixed and temporary checkpoints where they can question individuals about their citizenship. While you must answer citizenship questions, you can decline to answer other questions.
• **Identification:** BP agents are uniformed and expected to display their official identification.

State Active Duty (Title 32 U.S.C. - State Control):

• **Primary Law Enforcement Role:** When operating under Title 32, the NG is under the command and control of the state governor. In this status, they can perform state-defined missions, including law enforcement functions, *if authorized by state law*.
• **Posse Comitatus Act (PCA) Exemption:** The PCA (18 U.S.C. § 1385), which generally prohibits the use of federal military for domestic law enforcement, **does not apply** to the National Guard when it is operating in State Active Duty (Title 32) status. This is a crucial distinction.
• **Identification:** NG members typically wear their standard military uniforms but may also wear state-specific insignia or identification indicating their role in state-level operations.

Federal Service (Title 10 U.S.C. - Federal Control):

• **Federalization:** The President can "federalize" the National Guard, placing them under federal command (e.g., in response to an invasion, rebellion, or to enforce federal law under the Insurrection Act).
• **Posse Comitatus Act (PCA) Applies:** When federalized under Title 10, the NG *is* subject to the Posse Comitatus Act. This means they generally cannot engage in "core" civilian law enforcement activities (arrests, searches, seizures) unless expressly authorized by the Constitution or an Act of Congress (e.g., Insurrection Act exceptions).
• **Support Role:** In federalized status, the NG's domestic role is primarily limited to providing "Defense Support of Civil Authorities (DSCA)," which involves logistical, humanitarian, or technical support, not direct law enforcement.
• **Identification:** They wear standard military uniforms, similar to active-duty personnel.

• **Understanding Duty Status:** For the public, discerning the NG's duty status (state vs. federal) can be challenging but is critical to understanding their authority. In civil disturbance contexts, if they are under state control, their powers are governed by state law. If federalized, their direct law enforcement powers are highly constrained by the PCA.
• **Identification:** NG personnel will be in uniform and should have standard military identification.
• **Limited Law Enforcement by Federalized NG:** If the NG is federalized, remember they are generally prohibited from acting as domestic law enforcement. They can be present to maintain order, protect property, or provide support, but direct policing functions are typically outside their authority.

• **Posse Comitatus Act (18 U.S.C. § 1385):** This is the paramount "legal rail" for active-duty military. It explicitly prohibits using any part of the Army, Navy, Marine Corps, Air Force, or Space Force to execute civilian laws within the United States, except where "expressly authorized by the Constitution or Act of Congress".
• **Prohibited Activities:** This generally forbids active-duty military from making arrests, conducting searches, seizing evidence, or interdicting vehicles in a law enforcement capacity.
• **Exceptions (Narrow):**
  • **Insurrection Act:** Allows the President to use federal troops to suppress insurrections, domestic violence, or conspiracies that hinder federal law enforcement. This is a highly significant exception, used sparingly and controversially (e.g., during the Civil Rights era, or recent deployments to the southern border to *detain* migrants for Border Patrol).
  • **Specific Statutes:** Congress can pass specific laws authorizing military assistance to law enforcement (e.g., drug interdiction support, counter-terrorism). Even then, this often takes the form of intelligence gathering or logistical support, not direct law enforcement.
  • **Emergencies:** In extreme emergencies (e.g., natural disasters, widespread civil disorder where civilian authorities are overwhelmed), the military may be deployed, but their primary role is support, not policing.
  • **Military Installations:** Within military bases and reservations, military police have law enforcement authority over military personnel and, to some extent, civilians on those installations.
• **Military Rule of Law:** All military personnel are subject to the Uniform Code of Military Justice (UCMJ) and their service's regulations, which also govern their conduct.

• **Identification:** Active-duty military will be in uniform with standard military identification.
• **Limited Direct Interaction:** Unless a specific, narrow exception to the Posse Comitatus Act is invoked (e.g., Insurrection Act deployment), active-duty military generally **do not have authority to interact with the public as law enforcement officers** in the domestic sphere.
• **Detention vs. Arrest:** Recent controversial deployments of active-duty military at the U.S. southern border highlight a nuanced distinction: troops may be authorized to *detain* individuals who illegally cross the border and then turn them over to Border Patrol, without conducting the *arrest* themselves. This attempts to operate within PCA limitations by providing "support" rather than "execution of laws".
• **Public Awareness:** It is crucial for the public to understand the PCA. If active-duty military personnel attempt to act as civilian law enforcement (e.g., making arrests outside of a clear, lawful exception), it could be a violation of federal law.

• **Right to Remain Silent (Fifth Amendment):** You have the right to remain silent and refuse to answer questions, especially if you feel you are being accused of a crime. Clearly state if you wish to exercise this right.
• **Right to an Attorney (Sixth Amendment):** If you are arrested or detained for questioning, you have the right to request an attorney. Do not speak without your lawyer present.
• **Right Against Unreasonable Search and Seizure (Fourth Amendment):** Officials generally need a warrant or probable cause with an exception to search your person, vehicle, or property. You do not have to consent to a search.
• **Right to Record in Public:** You generally have the right to observe and record (video/audio) events plainly visible in public spaces, as long as it does not interfere with their duties or obstruct their movements.
• **Right to Ask "Am I Free to Go?":** If you are stopped but not arrested, you have the right to ask if you are free to leave. If the officer says no, they must have a specific reason to detain you.
• **Right to Ask for Identification:** Generally, you have the right to ask for the identification of a federal agent or deputized officer. While agencies may have limited exceptions (e.g., in ongoing tactical operations), clear identification is typically expected. For contractors, their identification should clearly state their contractor status.
• **Right to Inquire About Authority:** You can politely ask about the nature of their authority (e.g., "Are you a federal officer?", "What agency are you with?").

• **Obey Lawful Orders:** You are generally required to obey lawful commands from uniformed or clearly identified federal officers or deputized personnel. Resisting arrest (even an unlawful one, depending on the jurisdiction and circumstances) can lead to additional charges.
• **No Impersonation (18 U.S. Code § 912):** It is illegal for a member of the public to falsely impersonate a federal officer or employee.
• **No Interference (18 U.S. Code § 111):** It is illegal to forcibly assault, resist, oppose, impede, intimidate, or interfere with a federal officer or employee while they are performing their official duties.
• **No False Statements (18 U.S. Code § 1001):** It is illegal to knowingly make materially false statements to federal officials.