MISSION, Texas (ValleyCentral) — Several business owners across the Rio Grande Valley have posted signs outside their establishments asking federal agents not to trespass onto their private property without a warrant.
Some of the businesses ValleyCentral spoke with declined to comment on the situation. However, Attorney Carlos Moctezuma Garcia says these signs offer more than discouragement toward federal raids as they also show solidarity with community members.
“I have never seen anything like this,” Garcia said. “It is significant if an employer is taking an extra step of notifying the federal government that they are not allowed in their property unless they have proper documentation.”
It is a sign of the times, as several businesses are posting private property notices at their establishments. For example, Taqueria Mary in Mission states that it is “only open to patrons” and that entry is permitted only to “patrons and personnel of this business.”
We asked if asking law enforcement to present a warrant to enter was legal, and Garcia says this is all legal.
“Its more than a symbolic deterrence,” Garcia said. “It is an actual deterrence if federal agents comply with the law unless they have a rightful document that allows them to go into the property. If everyone is following the law, then sure it is a barrier.”
Garcia says businesses are trying to protect their employees. Another sign in San Benito was seen by ValleyCentral asking agents not to trespass as well. However, Garcia says if agents enter without permission and arrest somebody, that person will still face an immigration judge either way.
“If the federal agents for some reason decide to go into the property in violation of the law, they probably will be able to do whatever they want to do, which is seize a person or detain a person,” the attorney said. “The reality of that person that was seized unlawfully and the reality of them being able to fight a case or suppress the evidence that was obtained unlawfully is minimal.”
Garcia says businesses have legal mechanisms to defend their private property. However, a “no trespass” sign does not guarantee that law enforcement will not enter and agents could face little to no consequences.
“Are there real consequences against a federal agent for violating the law or violating somebody’s property rights? Not really,” Garcia said. “But, definitely the government should try to follow their own rules and laws, and if there is something that prohibits them from entering the property, they are likely to follow that.”
ValleyCentral also reached out to United States Immigration and Customs Enforcement (ICE) for comment, but has yet to receive a response.
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