A constitutional law professor is telling people exactly how to “resist” federal agents. I’m going to expose every single one of these so-called rights and show you what we’re up against.
I carry a pocket Constitution everywhere I go. I know my rights. But apparently, so do the people trying to obstruct federal immigration enforcement, because some liberal professor named Kim Wehle just published a guide teaching people exactly how to know your rights when ICE arrives. And the worst part? Most of it is technically constitutional. Let me walk you through what they’re telling people so you understand the scope of this problem.
The “Stay Silent” Loophole
First, they’re telling people that under the Fifth Amendment and something called Miranda v. Arizona, you can simply say “I wish to remain silent” and refuse to answer any questions from federal agents. That’s it. Just those words. You don’t have to explain yourself. You don’t have to prove you’re innocent. You just say “I wish to remain silent” and apparently the Constitution protects that. Some states require you to give your name if asked, but that’s all. The Founders put this in the Bill of Rights and now people are using it. Unbelievable.
The “Show Me A Warrant” Trick
Here’s another one that made my blood boil. Under the Fourth Amendment—which I have right here in my pocket—ICE cannot search your home, office, or property without a warrant signed by a judge. Not an ICE warrant. Not an administrative warrant. A warrant signed by an actual judge. And get this: you don’t even have to open the door until you’ve seen that signed warrant. They can slip it under the door or show it through a window, but you are under no legal obligation to open your door to federal agents who don’t have a judicial warrant. The Constitution says so. I checked. Three times.
This is exactly the kind of constitutional principle I’ve spent years defending—except now the wrong people are using it.
The “Am I Being Detained” Question
They’re also telling people that if ICE approaches you, you can simply ask: “Am I being detained?” And if the answer is no, you can calmly walk away. Legally. Because ICE is only supposed to detain people if they have “reasonable suspicion” of an immigration violation. If they don’t have that suspicion, you’re free to go. The professor says to ask the question politely and, if the answer is no, to leave calmly. Not run. Walk. Calmly. This is apparently legal.
The “Identify Yourself” Requirement
Did you know federal regulations require ICE agents to identify themselves as immigration officers authorized to make an arrest? It’s right there in the Code of Federal Regulations. They don’t have to give you their names, but they do have to identify themselves as immigration officers. If someone in plain clothes approaches you claiming authority, you can ask them to identify themselves as a federal immigration agent. That’s the law. Our law. Being used against us.
The “Right To A Lawyer” Situation
And finally, if someone is arrested, they can say “I want a lawyer” and the Sixth Amendment kicks in. The government doesn’t always have to pay for the lawyer, but the right to have one exists. Those four words—“I want a lawyer”—have been in the Constitution since 1791. The Founders put them there.
What This Means
I’ll be honest: I spent thirty years believing the Constitution was on our side. Turns out it’s on everyone’s side. That’s the problem. These aren’t tricks or loopholes. They’re the actual Bill of Rights, applied equally to everyone in the country. The Fourth Amendment doesn’t ask for your papers before it protects you. The Fifth Amendment doesn’t care who you voted for. I know because I read them. Regularly.
The professor also mentioned that if ICE approaches your vehicle, the safest thing to do is turn off your engine, put your hands up, and ask calmly if you’re being arrested and for what. She says complying with reasonable requests while asserting your rights is the way to stay safe. That’s not obstruction. That’s the Constitution working exactly as written.
I don’t like it. But the Founders were very clear.
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