- Physically blocking ICE agents from detaining individuals is illegal.
- Providing false information to federal officers is obstruction.
- Encouraging people to violate the law (like advising undocumented immigrants on how to evade ICE) can be considered aiding and abetting (18 U.S.C. § 2).
The Supreme Court has ruled in cases like Arizona v. United States (567 U.S. 387 [2012]) that immigration enforcement is strictly a federal matter. States and localities do not have the power to override federal immigration laws.
Prominent politicians, such as Representative Maxine Waters and Representative Adam Schiff, have voiced support for these protests. But could their advocacy expose them to legal liability?
Under 18 U.S.C. § 372, officials who incite actions that impede federal officers could potentially face conspiracy charges. If it can be proven that their words directly led to illegal acts—such as protesters physically obstructing ICE—it is possible they could be investigated for aiding and abetting.
Public Contact Information for Maxine Waters and Adam Schiff:
