The first time we saw it, for many of us the images were startling: The videotaped arrest in Somerville of Tufts graduate student Rümeysa Öztürk last March outside her home. Wearing black clothes and black masks, Immigration agents whisked her away in a waiting black vehicle, eventually to a Louisiana deportation center. The Trump administration revoked her visa, apparently because of a student newspaper op-ed piece that she cowrote some two years ago espousing Palestinian rights.
The Trump administration claimed she was a threat to American national security and posed a flight risk. On May 10, after six weeks in the Louisiana lockup, Öztürk was released and returned to Massachusetts. Her possible future deportation remains a distinct possibility. But why the masks? First, according to the national security analysts at Lawfare, federal law enforcement officers are not obliged to identify themselves, and their donning of masks was until recently a very unusual, rare phenomenon. Second, CNN reports that federal law enforcement officers only wore them when performing undercover work: “Historically in the U.S., agents have almost always gone without face coverings when arresting some of the country’s most dangerous criminals — such as John Gotti, the head of the Gambino crime family, or the cartel boss El Chapo.”
But social media has changed all that. Today, federal officials are afraid. They fear that if they are identified, their names and addresses will appear on social media. They and their families may then face threats to their lives and property. So they cover themselves up with their masks, dark glasses, and baseball caps, hoodies, or watch caps.
Massachusetts law is clear: Local police officers must carry identification cards that they are required to show “upon lawful request for purposes of identification.” There is a distinction between Massachusetts State Police and local police: State troopers will exhibit their identification papers if “the Colonel of the Department of State Police elects to have the State Police participate in the identification card program.”
In fact, most police officers wear name badges on their uniforms, giving their last names and rank. But those Immigration, FBI, and Homeland Security agents who were on the Island picking up some 20 people on May 27 willy-nilly wore either all black or, alternatively, camouflage outfits, as if they were going to war in Ukraine.
More important is whether these agents have any regard or even care about something called the Fourth Amendment, which reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In plain language, the provision means at least three things. First, law enforcement officers must have an arrest warrant if they are going to “seize” someone, that is, place them under arrest or take that person into custody. Second, the warrant must be specific, again, that is it must precisely note the person’s name, and it must precisely include the reason(s) why that person is being seized. Finally, officers must swear an oath before a judicial officer or judge stating the reasons why they are applying for the warrant. Only a judicial officer or judge can issue the warrant.
As far as anyone knows, there were no arrest warrants on the Island last week, just as there were none when the Trump administration sent some 200 migrants to a gulag-type prison in El Salvador. No judges signed off on them. The Immigration, FBI, and Homeland Security agents seemed to have some names and addresses, but no warrants. This is not law enforcement; it is the action of hoodlums.
Two months ago, I wrote in these pages that “without due process rights and the rule of law, we all run the risk of arrest as perceived enemies.” With the recent actions on the Island and around the country, this is increasingly true for all of us, citizens and noncitizens alike.
Jack Fruchtman, who lives in Aquinnah, taught constitutional law and politics for over 40 years.
That cop should be ashamed of himself for cooperating with this totally extra-legal federal activity.
I’m no Constitutional scholar-but aren’t the provisions in the US Constitution
explicitly directed at the protection of US citizens and or aliens who have lawfully entered the United States?
So doesn’t that leave those who enter unlawfully without the same protections?
Hi Jack,
See 8 U.S. Code § 1357. It gives border patrol powers to detain without a warrant 100 miles from the border if they have reasonable suspicion. See United States v. Brignoni-Ponce for details of reasonable suspicion.
Perhaps Mr. Fruchtman might also review United States v. Martinez-Fuerte, wherein the Supreme Court found that routine stops by the Border Patrol with brief questioning do not violate the 4th Amendment. Martha’s Vineyard is well within the 100 mile border zone, and ICE can set up checkpoints, and conduct roving patrols, and it’s all perfectly legal. Even the ACLU will admit that. This essay appears to be designed to give the erroneous impression that ICE is acting unlawfully, which is irresponsible and dangerous. Some half-cocked vigilante with a cell phone may be emboldened to attempt to interfere with ICE activities next time they are on island, and may subject themselves to stiff penalties.
Why, then, the concealed identities? And don’t tell me they are afraid of retaliation. I am all for duly elected officials enforcing our laws, but I don’t buy one word of it spoken from behind a mask.
Embedded in your question is your refusal to accept the obvious answer, but I’ll go ahead and try anyway. ICE agents have been accused of illegal behavior, and called thugs, goons, white supremacists, and terrorists – and that’s just in the MV Times comments. You yourself have compared them to Nazis more than once. All of that just for discharging their sworn duty to uphold federal immigration laws. This type of inflammatory speech is being repeated nationwide, mostly by those on the left. It’s only a matter of time before it results in a tragedy. Can you honestly not understand why the ICE director has asked them to cover up?
How quickly times, and tunes, change.
A few years ago the offense would have been to go maskless.
There were ICE agents who were doxxed in California. Names were posted.
Pictures of their children and families were posted for everyone to see. Social Media information, names, addresses. These children and families received death threats. Do you think its ok for children to be receiving death threats from adults online? Thats why they are wearing masks. Get it?
These actions are similar to Hitler’s Brown Shirts. I fear for the country I am leaving for our children
With respect: Nothing is similar to Hitler’s Brownshirts (Sturmabteilung). Nothing is similar to the Nazis (National Socialist German Workers’ Party). Nothing is similar to the SS (Schutzstaffel). Nothing is similar to the Einsatzgruppen. Nothing. This evil is unique to itself, and comparisons to anything else insult the lives and the dignity of those lives this evil ended.
Well said, John. Thank you for explaining this overlooked point.
So sad that our country, under trump’s rule of law, has come to this! Taking people off the streets without proof of whether they are citizens or not, is cruel and inhumane…. think how you would feel if you were a citizen, but were “swept up”, En mass, just because ICE thought you were an illegal! You wouldn’t like it….so keep that in mind!
Just for clarity: it’s ok for hamas supporters terrorizing Jewish college students to wear masks so that their identities are protected, but ice Agents risking their lives can’t protect theirs?
Ice agents are in real danger because of democratic rhetoric
Hamas supporters on college campuses mask their faces so that they don’t lose jobs opportunities or expose themselves as non students
Hypocrisy hinders understanding of opposing views
Why should anyone be surprised at any of this?
Over 2,700 voters in Dukes County cast their ballots for the exact sort of fascism we are experiencing here on our streets. That is significant.
It’s not like that wasn’t a huge warning call.
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