MINNEAPOLIS (WCCO) — An arrest in Minneapolis by Immigration and Customs Enforcement is raising questions about the man’s rights and the officials’ duties.

Minneapolis is a sanctuary city, meaning local policies protect immigrants’ rights. But ICE is a federal agency and can make arrests anywhere.

President Donald Trump enacted a mass deportation order. Minneapolis is not one of the named cities, but ICE arrests are regularly taking place in the Twin Cities.

At about 7 a.m. on Monday in south Minneapolis, ICE officers were on a mission to find 38-year-old Yobany Castro-Romero, who had a 2009 prostitution solicitation conviction and re-entered the U.S. after being deported to his home country of El Salvador.

The aftermath of the arrest captured on Facebook and shared more than 10,000 times by immigrants’ rights group MIRAC, saying Castro-Romero was forcibly removed from his car.

ICE says that’s because he was uncooperative, refusing to exit his vehicle or follow lawfully-issued police commands.

Esteban Rivera practices immigration law and says he’s been busier than ever.

“Since Trump administration took power, my caseload has increased by 200%, at least, tripled,” Rivera said.

Immigration crackdowns are key on the president’s agenda, seen most recently in weekend raids.

“People come into our country illegally and they go out legally,” Trump said.

Under law, ICE agents are to execute that order without coercion or threats.

“They have the legal authority to search your house, and they will be able to search your house and you should allow them. If they follow procedure, you have to comply with procedure,” Rivera said.

Whether a person is documented or not, if they’re living in the U.S. they have constitutional rights. That means they can refuse a search of their property, or request an attorney if arrested.

Rivera says it’s a grey area when it comes to car searches. The subject can ask for an attorney or refuse a search, but if ICE agents have a warrant and probable cause, they can enter that car and make the arrest.

Susan-Elizabeth Littlefield

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