Fact Check: Can ice detain you if you plead the 5th

Fact Check: "Can ICE Detain You If You Plead the 5th?"

What We Know

The Fifth Amendment of the U.S. Constitution grants individuals the right to remain silent and not answer questions posed by government agents, including Immigration and Customs Enforcement (ICE) officers. This right is designed to protect individuals from self-incrimination during legal proceedings (Know Your Rights If Approached by ICE Agents, Know Your Rights! What to Do if Stopped by Police, FBI or ICE).

However, while individuals cannot be arrested solely for exercising their right to remain silent, the context of the interaction with ICE is crucial. ICE has the authority to detain individuals, particularly non-citizens, under various circumstances, including immigration violations. If an individual is stopped by ICE and chooses to remain silent, they may still be detained based on their immigration status or other legal grounds (Detaining and Arresting 'Non-Citizens' in US: What ICE Can and Cannot ..., ICE Has Broad But Not Unlimited Power To Detain And Arrest Noncitizens).

Analysis

The claim that ICE can detain individuals who plead the Fifth Amendment is nuanced. The right to remain silent is a constitutional protection that applies to all individuals, but it does not provide immunity from detention or arrest based on other legal grounds. For instance, if an individual is in the U.S. without legal status, ICE can detain them regardless of whether they choose to answer questions or not (Know Your Rights If Approached by ICE Agents, Know Your Rights! What to Do if Stopped by Police, FBI or ICE).

Furthermore, while the Fifth Amendment protects individuals from being compelled to testify against themselves, it does not prevent law enforcement from investigating or detaining individuals based on their immigration status or other legal violations. This means that even if an individual asserts their right to remain silent, ICE may still proceed with detention if they have reasonable suspicion or evidence of immigration violations (Detaining and Arresting 'Non-Citizens' in US: What ICE Can and Cannot ..., ICE Has Broad But Not Unlimited Power To Detain And Arrest Noncitizens).

The sources consulted are credible and provide a clear understanding of the rights individuals have when approached by ICE. They also highlight the limitations of these rights in the context of immigration enforcement.

Conclusion

The verdict is True. While individuals have the right to plead the Fifth Amendment and remain silent when approached by ICE, this does not prevent ICE from detaining them based on their immigration status or other legal grounds. The right to remain silent is a constitutional protection, but it does not provide a blanket immunity from detention by immigration authorities.