Guidance and Questions

You can have the loved ones of the person detained fill out this form.

You can also contact the following organizations:

• Monarca at (651) 372-8642  (https://monarcamn.org/about)
• Immigrant Law Center of Minnesota  (www.ilcm.org/)
• Advocates for Human Rights  (www.theadvocatesforhumanrights.org/Home)

Call the National Lawyers Guild Hotline at (612) 444-2654.

In Minnesota, unless you forcibly obstruct or interfere with federal agents performing their duties, it is generally legal in public places to record or take photographs of federal agents, to document information about their activities, to protest, and to criticize officers. It is also generally legal to record, photograph, and document federal agents in private places, like businesses or homes, with consent of the owner. It is also legal to remain silent if federal agents ask you questions and to refuse to consent to any search. You have the right to speak with an attorney before answering questions from law enforcement. If you are in custody, it is generally fine to provide them with your name and date of birth. (There are plenty of other things that are legal. This list is not comprehensive.)

We are aware that some federal and state law enforcement agents have threatened to charge people with harassment or obstruction for merely following ICE vehicles. People have a right, however, to observe law enforcement, including ICE vehicles, and this includes continuing to observe them as they travel in public spaces. As long as you are following at a safe distance, this conduct should be legally protected. That does not mean you cannot be criminally charged—innocent people are often charged with crimes, unfortunately—but it does mean you would have strong defenses in the event you were charged.

If you are a U.S. citizen and get arrested by federal agents, you will most likely be brought to the Whipple Federal Building in Minneapolis. There is an intake process in the garage where people are fingerprinted and photographed. Lawyers do not recommend interfering with this. Generally, lawyers recommend providing your name and date of birth only. After the intake process is complete, you will likely be taken to a cell. At some point, agents may take you to a private room to ask you questions. They may read you your legal rights, and they will likely ask you to waive your legal rights. Lawyers recommend that you refuse to waive your rights. You should say “I am not going to answer questions. I want to speak to a lawyer.”

Most citizens are being released the same day that they are arrested, usually several hours after their arrest. They are usually released “pending charges.” This means that they haven’t been charged with a crime yet, but that criminal charges might be filed against them in the future. Not everyone has been released the same day, however. In rare cases, the federal government has elected to transfer an arrestee to another facility (often the Sherburne County Jail) based on the government’s intent to have the person charged with a federal crime.

People are generally walked out the front door of the Whipple Building and sent on their way, sometimes without their phone. Thankfully there is a group called The Haven that meets people at the gate to provide immediate access to a phone, transportation when needed, a warm car to wait in, and other forms of mutual aid.

Yes, even if you were released, you may still face federal criminal charges in the future. For most federal criminal cases, the statute of limitations expires after five years, meaning that you could be charged with a federal crime at any point within five years of your encounter with federal law enforcement.

If you are re-detained by federal law enforcement, you should:

1. Invoke your right to remain silent. State: “I will not answer questions without my lawyer present.”
2. Demand a legal phone call, and call the National Lawyers Guild Hotline at (612) 444-2654.
3. Demand that law enforcement allow you an in-person visit from a National Lawyers Guild attorney. The federal agents may read you your legal rights, and they will likely ask you to waive your legal rights. Lawyers recommend that you refuse to waive your rights.

If you are re-detained by federal law enforcement, you are likely to be brought to a County Jail that has a contract to detain individuals in federal custody (e.g., Sherburne County, Washington County).

Within a few days of detention, you will be brought to an Initial Appearance in front of a United States Magistrate Judge. The Magistrate Judge will advise you of your rights and determine if you have the financial ability to hire an attorney or if a public defender must be appointed. The prosecutor, called the Assistant United States Attorney, might request that you be detained. They might also agree that you can be released, but only on certain conditions. Your attorney, the Federal Public Defender, will argue that you should be released, typically without conditions. The Magistrate Judge will decide whether you should be released and, if you are released, what conditions apply to you while the case moves forward.

Thus far, over 30 individuals who were initially detained and released pending further charges have had federal warrants issued for their arrest. In some cases, individuals were given advance notice of these warrants and were able to turn themselves in before the Initial Appearance. In other cases, individuals have been accosted and detained in their homes, cars, or places of work by federal law enforcement. The vast majority of individuals have been released from custody after their Initial Appearance. The vast majority of individuals have been found eligible for a Federal Public Defender or other Court-appointed counsel. All individuals have been represented by a Federal Public Defender at their Initial Appearance.

If you fear further federal repression, we encourage you to call the National Lawyers Guild Federal Repression Hotline at (212) 679-2811. We also recommend that you review the attached If an Agent Knocks Toolkit from the Center for Constitutional Rights.

Hundreds of citizens have been arrested by federal agents in connection with ICE operations in Minnesota. Only a fraction of those people have been criminally charged. Lawyers do not know right now whether any of those people have been charged without having actually violated any law. Unfortunately, there is a chance this could happen.

Recently, 28 people were charged with federal crimes, all of whom had previously been arrested by federal agents and released from custody without charge. The 21 people who turned themselves in following issuance of an arrest warrant and appeared in federal district court in Minnesota were released without pretrial supervision or conditions of release. Their only requirement is to remain law-abiding and make future court appearances. 

The vast majority of individuals who have been re-arrested are facing federal charges brought under 18 U.S.C. 111. This federal law criminalizes anyone who “forcibly assaults, resists, opposes, impedes, intimidates, or interferes with” a federal officer, including ICE and Homeland Security Investigations (HSI) agents.

Weeks later, federal prosecutors quietly charged the protesters with less serious crimes in about 20 cases. In at least three instances, charges were dismissed.

To learn more, we encourage you to review this resource from the National Lawyers Guild Mass Defense Program: Federal Assault by Sandwich, Whistle & Protest: An Explainer on 18 U.S.C. 111(a)(1).

No. People charged with crimes are entitled to due process, which means the state will be required to turn over evidence and you will have an opportunity to challenge that evidence in hearings and at trial. Innocent people are often charged with crimes, and the fact that you are charged does not necessarily mean you will be found guilty. Particularly in this current moment, it appears that federal law enforcement may be “over-charging” people as a tactic to intimidate them, even though there is not a strong legal or factual basis for the charges. It is important to remember that a grand jury could decline to indict you, a judge could dismiss the case against you, or a jury could refuse to convict you. At the same time, there are no guarantees in the legal system, and it is important to take the prospect of criminal charges seriously.

The Center for Constitutional Rights created If An Agent Knocks to provide information to people likely to be targeted by FBI agents or other federal investigators. We recommend reviewing this document. TLDR: You have the constitutional right to state that you: 1) do not consent to a search or entry into your home, 2) are going to remain silent, and 3) want to speak with a lawyer! Generally, it is safer to assert these rights and speak with an attorney before making any statements to law enforcement or consenting to any search or entry. You can call the National Lawyers Guild Federal Anti-Repression Hotline at (212) 679-2811.

See this guide from the Electronic Frontier Foundation on digital surveillance when attending a protest.

It includes a set of recommendations, most of which are easy and applicable to everyone. Others might not be appropriate to you. It’s always good to think through your own situation in terms of risks that are acceptable and those that are not acceptable to you.

You can report this to the MN ACLU and/or the MN Attorney General’s Office. You can also contact private civil rights attorneys, such as members of the National Police Accountability Project.

You will either be given a citation and released immediately or detained and taken to the county jail. If you are given a citation, it will include information about a future court date. If you are detained and taken to the county jail, you may stay there for anywhere from one to three days, depending on when you were arrested and the soonest available court date. Sometimes a bail is set before the court date. If you can’t afford to pay the bail, you can contact the People’s Bail Fund of Minnesota for assistance.