Reps. Goldman, Menendez Press DHS to Enforce Policy Requiring ICE Officers to Identify Themselves During Arrests

 

WASHINGTON, D.C. – Representatives Dan Goldman (NY-10) and Congressional Hispanic Caucus Vice Chair of Policy Congressman Rob Menendez (NJ-08) led 52 of their colleagues in demanding the Department of Homeland Security (DHS) immediately enforce federal regulations requiring immigration enforcement officers to clearly identify themselves during arrests. The letter follows disturbing reports of masked U.S. Immigration and Customs Enforcement (ICE) agents across the country conducting arrests without promptly identifying and without visible identification. These actions have sparked confusion, fear, and safety concerns for individuals subject to arrest, the public, and federal law enforcement. 

 

"Current federal policy is unambiguous: immigration officers must identify themselves when making an arrest. Yet, under the Trump administration, we have seen masked, unaccountable ICE agents routinely ignore that basic legal and moral obligation, eroding both the rule of law and the public’s faith in our government,” Congressman Dan Goldman (NY-10) said. “DHS must immediately unmask these agents terrorizing our communities and make it unmistakably clear that those who enforce the law are never above it.” 

 

Congressman Rob Menendez (NJ-08) said, “When ICE officers fail to identify themselves during arrests, they’re not just violating federal regulation, they’re endangering our communities. ICE’s intimidation tactics continue to cause irreparable harm, tearing apart families and spreading fear through our neighborhoods. It’s time for DHS to end these rogue practices, restore transparency, and hold every officer accountable.”

 

In the letter to DHS Secretary Kristi Noem and ICE Acting Director Todd Lyons, the lawmakers urged DHS to take immediate corrective action to ensure compliance with federal regulation which requires immigration officers to identify themselves. They also called for stronger oversight and accountability to prevent ongoing violations and restore public trust. 

 

The Members requested detailed answers from DHS by November 21, 2025, including:

 

 

Dear Secretary Noem and Director Lyons: 

 

We write to express concern regarding the failure of Immigration and Customs Enforcement (“ICE”) and other Department of Homeland Security (“DHS”) immigration enforcement officers to promptly identify themselves during arrests as required by federal regulations. Given the unprecedented degree of immigration enforcement under the Trump Administration’s harmful agenda, these violations of legal requirements undermine public trust in law enforcement and endanger the safety and rights of individuals and communities across the country. 

 

Federal regulation mandates that immigration enforcement personnel identify themselves when carrying out arrests. 8 C.F.R. § 287.8(c) requires that an immigration officer “identify himself or herself as an immigration officer who is authorized to execute an arrest” at the time of the arrest “as soon as it is practical and safe to do so.” This regulatory requirement has been reinforced by judicial decisions, including the Castañon Nava et al. v. Dep’t of Homeland Security et al settlement, which requires that ICE document the specific, particularized facts supporting the legal basis for a collateral arrest or vehicle stop, as well as how immigration officers identify themselves surrounding a warrantless arrest or vehicle stop. 

 

These requirements establish a clear legal standard that ICE and other federal agencies are failing to meet, endangering the rights of individuals and the integrity of law enforcement operations. Prompt and clear identification provides individuals subject to arrest with the information they need to both understand and assert their rights and hold the federal government accountable. Furthermore, when ICE and other officers do not fulfill their legal obligations to identify themselves, witnesses may reasonably question the authority of immigration officers or interpret law enforcement operations as criminal activity, leading to an unsafe environment for both law enforcement and the public. These practices also raise serious questions regarding potential violations of the Fourth Amendment’s protections against unlawful search and seizure. 

 

As such, we’re deeply troubled by incidents across the country in which ICE and other federal immigration enforcement officers reportedly failed to identify themselves appropriately during arrests. Even more concerning, these arrests often occur while officers are concealed behind masks without any visible identifier such as a name tag or badge number, compounding confusion and reducing transparency. Such routine violations of legal protections demonstrate the Trump Administration’s disregard for immigrant rights and intentional use of intimidation tactics that undermine public trust and stoke fear in our communities. 

 

We urge you to take immediate action to ensure federal immigration enforcement officers promptly and clearly identify themselves during arrests. We also request responses to the following questions by November 21, 2025: 

 

We urge your office to rectify ongoing violations of legal requirements and uphold the rights and dignity of all individuals subject to immigration enforcement. 

Thank you for your attention to this critical matter. We look forward to your prompt response.