Immigration law expert addresses common questions, concerns in SoCal raids and arrests

LOS ANGELES (KABC) -- The immigration raids across Southern California are raising a lot of questions. Immigration law experts believe that in order to arrest as many people as possible, shortcuts are being taken and that it's likely that constitutional rights are being violated.

Men in masks, many wearing U.S. Border Patrol vests, handcuffed and took two workers from a Torrance car wash Sunday afternoon. Scenes like it have unfolded in parking lots and car washes across SoCal.

Customs and Border Protection has not responded whether they had a judicial warrant in that case, but absent one, where federal authorities can enter a private business comes down to an expectation of privacy.

"If it's clear that no one from off the street who doesn't work there can come into that space, that would be a much stronger argument that the officials have violated the Fourth Amendment in going in without permission from the owner or manager of the property," said Jean Reisz, co-director of the University of Southern California's immigration clinic.

Emmanuel Karim Nicola-Cruz, the car wash owner's son, said he questioned the men wearing the Border Patrol vests and tried to stop them. He also showed Eyewitness News signs that specify the areas they entered are not open to the general public. At the time, a witness filmed and urged one of the workers not to answer questions and asked the men surrounding him to identify themselves.

Reisz said that although she's not aware of a rule that says law enforcement identify themselves before asking questions, it would be an important fact on whether there was a Fourth Amendment violation.

"If that person says, 'these people dressed like bank robbers approached me and I ran, because I was afraid. I didn't know who they were. I thought they were robbing the car wash.' I mean, I'm giving an example. Then that would go to whether or not that was a consensual conversation," said Reisz.

When it comes to what questions the public should answer from law enforcement in a situation like this, Reisz said in most cases, people might have to respond with their name, but don't have to answer any more questions beyond that.

"They should ask if they're free to leave and they should not agree to sign anything. If they're not free to leave, they should ask for an attorney, but should definitely not say anything," she said, adding that those statements would be a basis to justify arrest and will be used down the road to remove people from the country.

Reisz explained that much of what is happening is so-called warrantless arrests. But in order to stop someone and not allow them to leave, Reisz said, reasonable suspicion is required, while an arrest requires probable cause.

"If officials had information about certain individuals at that car wash, that would be different. But what we are seeing generally is because of this high volume of people that, you know, quotas of people that need to be arrested, there aren't warrants," she said. "There aren't reasonable suspicion. People are being targeted at workplaces, which also, you know, involves questions about whether or not there's racial profiling," she said.

Eyewitness News has repeatedly asked federal authorities why they chose a location like a car wash or Home Depot parking lot. They have not answered those questions.