Can I Face Criminal Charges for Protesting ICE in Chicago?
In recent years, large-scale Immigration and Customs Enforcement (ICE) operations have led to protests across the Chicago area. These events sometimes result in arrests when law enforcement claims that protesters interfered with ICE activities. Some protests have even led to physical altercations with agents or the use of tear gas to disperse crowds.
While ICE operations focus on identifying and detaining people suspected of violating immigration law, many others may be caught up in related protests. When people are accused of interfering with ICE agents, they could face criminal charges. Those who are arrested can address these charges with the help of an attorney who has experience defending clients in federal criminal cases.
Federal Charges That May Arise During ICE Protests
People protesting ICE operations in Chicago may face federal charges. These charges can be especially serious, and they may be related to allegations of obstructing the duties of federal officers or interfering with immigration enforcement. Specific charges may include:
Assaulting or Resisting Federal Officers
During protests, encounters with federal agents may lead to accusations of assaulting an agent, interfering with their actions, or engaging in physical resistance. Under 18 U.S.C. § 111, it is a federal crime to forcibly assault or resist a federal officer. Charges can also be imposed for impeding, interfering with, or attempting to intimidate an ICE agent.
This law may be used to prosecute protesters who allegedly have physical altercations with ICE agents or other federal personnel. Even minor acts, such as pushing an agent or physically blocking them, could result in criminal charges under this statute. People convicted of this offense could be sentenced to up to eight years in prison. If someone is accused of using a deadly weapon or inflicting injuries on an ICE agent, the maximum sentence could be as high as 20 years.
Obstruction of Justice
Protesters may face federal obstruction charges if they are accused of interfering with an ongoing investigation or operation. Under 18 U.S.C. § 1505, obstruction of justice may include interrupting or influencing an administrative proceeding, including those conducted by ICE or the Department of Homeland Security. Attempting to impede a deportation or detention hearing may also lead to criminal charges.
In these cases, the government may not need to show that a protester completely halted an enforcement action, only that they knowingly tried to obstruct it. A conviction could lead to a prison sentence of up to five years. If the government alleges that an offense involved international or domestic terrorism, the maximum sentence increases to eight years.
Harboring or Shielding Immigrants from ICE
Another serious federal charge that can stem from ICE-related protests involves accusations of harboring or shielding undocumented immigrants in violation of 8 U.S.C. § 1324. This statute makes it a crime to knowingly conceal or shield undocumented immigrants from detection or detention.
These charges may apply in cases where activists allegedly attempt to hide immigrants from ICE agents or block access to a residence or building during an ICE raid. Anyone convicted could be sentenced to up to five years in prison. If someone is accused of causing a serious injury or putting someone’s life in jeopardy when committing an offense, they could be sentenced to up to 20 years. Causing someone’s death during an offense could lead to a life sentence or even the death penalty.
Other Potential Criminal Charges
Several federal statutes may apply to people accused of disrupting or interfering with ICE enforcement actions. Depending on the specific facts of a case, state or federal prosecutors may pursue other charges, such as:
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Trespassing on federal property or at ICE detention facilities
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Unlawful assembly
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Disorderly conduct
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Resisting arrest
Contact Our Chicago, IL Federal Criminal Defense Attorneys
If you have been arrested or charged in connection with a protest against ICE in Chicago, you need legal help from an attorney who understands the federal and state laws that may apply and the defense strategies that may be used to avoid a conviction. The Chicago, IL criminal defense lawyers at Komie and Associates can help you understand the charges, protect your rights, and build a strong legal defense. Call 312-263-2800 today to schedule a free consultation.