TABLE OF CONTENTS

INTRODUCTION
BEST PRACTICES
Don’t Talk to Agents
Document the Situation
Contact a Lawyer
Tell Your People

VISITS & SEARCHES

Home
Office/Religious Centers/Community Spaces
Car
Arrest Warrants
ICE Ruses
Customs & Border Searches

INFILTRATION & HUMAN SURVEILLANCE

Are There Limits on What Undercover Agents and Informants Can Do?
What is Entrapment?
What are the Constitutional Limits to an Agent's Power to Infiltrate?
How Can I Identify Infiltration?
What Precautions Can I Take to Protect My Organization?

COURT TOOLS USED AGAINST ACTIVISTS

Subpoena

GRAND JURIES & GRAND JURY RESISTANCE

What are Grand Juries and What Threats Do They Pose to Activists?
What Should I Do If Someone Shows Up With a Grand Jury Subpoena?
What Options Do I Have If I Receive a Grand Jury Subpoena?
What Happens After a Grand Jury?

SPECIAL CONSIDERATIONS FOR NONCITIZENS

Speech and Political Affiliations
Searches and Seizures
Right to Remain Silent

CONCLUSION
APPENDICES
Glossary

UPDATED 2020 | 2
INTRODUCTION
The Center for Constitutional Rights (CCR)
created If an Agent Knocks to provide advice to
activists likely to be targeted by FBI or other
federal agents1 who have a long history of
targeting radical and progressive movements.
Since its original release in 1989, If an Agent Knocks has been widely
circulated in progressive activist communities across the country. This guide includes both the
timeless advice2 from the previous versions and updates to reflect the current state of the law and
law enforcement tools. This guide should be seen as a resource for the information needed to
protect yourself and other activists from government investigation and to empower you to
continue the struggle.

We have attempted to provide answers to a broad range of questions for the many scenarios
that one can encounter as an activist or as a member of a targeted community. We’ve also taken
into account how important it is for everyone to be aware of our basic rights when encountering
law enforcement, and expanded the resource to include more information for noncitizens
—individuals who do not have U.S. citizenship, including:

● tourists
● students and others who are in the U.S. on visas or visa waiver programs
● lawful permanent residents
● refugees
● undocumented people

However, we note that this publication does not address forms of electronic surveillance that are
used by law enforcement today. There are other organizations and resources that provide
excellent and in-depth resources for protecting yourself against digital surveillance. Some we
would recommend are:

● Electronic Frontier Foundation’s Surveillance Self-Defense Guide

● Vice’s Motherboard Guide to Avoiding State Surveillance

1
This guide focuses on interactions with federal law enforcement agents, not state or local law enforcement agents.
2
Disclaimer: This booklet is for informational purposes only and does not constitute legal advice. CCR aims to provide
a general description of the legal and practical issues that progressive or radical activists might face. Each person's
circumstances are unique, and minor factual differences may result in very different answers to the questions presented
here. For answers to specific legal problems, issues or questions, obtain the advice of a qualified attorney in your area.

UPDATED 2020 | 3
While these resources go into much more depth, we encourage you to be wary of all electronic
communications and assume that they may be intercepted, and can also reveal details about your
location, associations, and activities at the time.

This publication consistently emphasizes that professional legal advice should be sought in all
cases. The Center for Constitutional Rights does not have the capacity to provide individual
representation in the range of matters covered by this document. Each state has bar associations
that should be able to make attorney referrals, some of whom may provide pro-bono services. If
there is a chapter of the National Lawyers Guild (www.nlg.org) in your city, they are often able to
make referrals to attorneys who are experienced in dealing with the issues outlined in this
resource. Some organizations and lawyers can provide these services pro bono or at low rates. If
you don’t already know, don’t be ashamed to reach out to local groups who may be able to point
you in the right direction. Note that if an agent knocks, it is helpful to have a lawyer who has some
prior experience dealing with this type of situation.

We hope individuals and groups use this pamphlet to develop and

prepare practical responses – IF AN AGENT KNOCKS AT YOUR DOOR.

Why Would Federal Agents Contact You?

Federal agents may directly or indirectly contact or surveil you for a number of reasons. Often we
might assume it is because they have opened an investigation into an individual or organization,
but that is not always the case. Agents often use their presence simply as an intimidation tactic, to
scare people–whether they are involved in organizing or not–from participating in movements for
social change.

However, any encounter with a federal agent should be taken seriously. Federal agents have used
everything from door-knocks to infiltration to social media surveillance as a way to “map” and
target certain communities, organizations or people they deem “criminal” or “suspicious.”

Examples of this include:

The surveillance and Black activists and Black-led Organizations in support

targeting of Muslims organizing after the murders of Palestinian rights as
in the New York City and of Michael Brown and well as animal rights
New Jersey area after Eric Garner in 2014, and George activists
9/11 Floyd in 2020

Law enforcement agencies develop and promulgate frameworks drawing on the often flawed idea of
“predictive policing,” which they then use to justify or validate their surveillance and criminalization of
communities of color as well as those organizing for social change.

Whatever the reason, agents are usually not going to tell you exactly why they have contacted you.
Which means your best move is not to engage with them at all–contact a lawyer, and follow the
best practices we lay out below.

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BEST PRACTICES
Don’t Talk to Agents!
This is the most important piece of information in this booklet:
YOU HAVE THE RIGHT TO REMAIN SILENT, and it is important to do so.

The Fifth Amendment of the United States Constitution protects you from being forced to reveal
self-incriminating information to law enforcement, and the First Amendment prevents the
government from compelling you to speak–about your political beliefs, and your political or
religious associations, among other things.

This is easier to say than to do. Agents are trained investigators: they have learned the power of
persuasion and the ability to make a person feel scared, guilty or impolite for refusing their
requests for information.

An agent may suggest that any They may suggest they only The agent may threaten
unwillingness to speak with want you to answer a few to get a warrant
them means you must have questions and then they will
something to hide leave you alone

Don't be intimidated or manipulated by an agent's threats or assurances. It is always best to not

talk without an attorney present. If you do talk, anything you say can be used against you and
others. Even if you tell the whole truth, if the agent doesn't believe you, they can threaten to
charge you with lying to a federal officer–which is a real crime.

UPDATED 2020 | 5
TIPS ON CLEARLY CONVEYING YOUR INTENTION TO REMAIN SILENT.
YOU CAN SAY:
● "I'm not talking to you."
● "I'd like to talk to my lawyer before I say anything to you."
● "I have nothing to say to you. My lawyer will contact you."

You should ask the agent for a business card and say you will have your lawyer contact them. This
should end the questioning.34

The same basic rules apply if an agent calls on the phone. You do not have to speak to any agent
who spontaneously calls you. Agents will often say that you are not part of any investigation. This
may not be the truth. Tell anyone who identifies themselves as law enforcement that you will have
your lawyer call them back–and then stop talking to them.

These rights apply to noncitizens as well–with a caveat. If you are a noncitizen, you do not have to
answer any questions that a law enforcement agent asks you. You do not have to answer
questions relating to your immigration status. However, if you are a green card holder or have a
valid visa, you must have it with you and may need to provide documents regarding your
immigration status to immigration officers if asked. Do not falsely claim U.S. citizenship or lie about
your immigration status.

The two limited exceptions to the right to remain silent for “nonimmigrants” (noncitizens
authorized to be in the U.S. on tourist, student, or work visas, for example):

● 1) Noncitizens are required to provide information related to their immigration status if

asked by immigration officers. Even in this situation, you have the right to say that you
would like to have your lawyer present before answering any questions.
● 2) Noncitizens 18 years of age or older who have been issued valid U.S. immigration
documents are required by law to carry them and show them if asked by immigration
officers.

3
The one exception to this rule is if you are in a state that has a "stop-and-identify" statute. All states require you to produce
a driver’s license if you are pulled over while driving an automobile, and the Supreme Court has held that laws that require
you to state basic identifying information, such as your name and address, are not considered incriminating and that law
enforcement may demand such information from you. They may only demand that information from you, however, if you are
in a state that has a stop-and-identify statute. An activist attorney in your state should be able to tell you if your state has a
stop-and-identify statute.

4
If you identify as trans or gender non-comforming and are concerned about what to do if your ID has an incorrect gender
marker or will reveal you are trans and put you in danger, we highly recommend these resources:
https://transequality.org/know-your-rights/ and https://transgenderlawcenter.org/resources/id/id-please-quick-guide

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Document the Situation
If possible, get the As soon as the Take photos of
agent's name, agent leaves or anything you think
telephone number hangs up, try to might be significant,
and agency. This write down as many including damage to
should be on their details about the property if the
business card, or interaction agent entered your
they should be as you can home or office, or
willing to provide conducted a search
this information
This information will be useful to a lawyer and to
others who have been contacted by law enforcement.

In addition to getting the name of the agent(s), try to write down:

● their physical description

● the questions asked and comments made during the interaction
● any names of people they asked you about, the date, time and location of the encounter
● the contact information of any witnesses to the interaction

You may also choose to try and video record law enforcement. Please take into consideration
whether recording seems safe, or could potentially escalate a situation with an armed federal
agent. If you choose to record, you must make it obvious that you are recording–do not try to
hide or conceal your camera/phone or pretend you are not recording. Also, your right to record
law enforcement typically comes with the qualification that you must not “interfere” as agents are
carrying out their job. If you choose to record, try and stand several feet back from any law
enforcement action taking place so not to interfere.

Contact a Lawyer
Why contact a lawyer? A lawyer can offer advice on how to proceed while protecting your rights.
A lawyer can talk to the agent; find out what the investigation is about or if there even is an
investigation; and assess if it’s in your or your movement’s best interest to answer questions, and if
it is, ensure that there are limitations on the subject matter of any questioning. A lawyer can be
present to advise and protect you if you are questioned. Often, a call from a lawyer is all it takes to
get an agent to back off.

There are different types of lawyers. We highly recommend talking to lawyers with experience
working with social movements, and who have experience litigating against the government, such
as public defenders and civil rights attorneys. If you are not a citizen, we recommend speaking with
someone who also has experience in immigration law.

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With the advice of a lawyer, you may consider publicizing the encounter, or to inform others who
may be affected by an investigation. If activists know that there is an investigation, they can be
more vigilant in protecting their rights.

Interactions with agents are intimidating and stigmatizing, and often their very purpose is to
silence. Thus, exposure, organizing and public pressure can counter that silencing, and limit
intimidation and fishing expeditions.

What Are The Consequences If I Talk?

A situation may arise where you feel it is advisable to talk to an agent. Even in those
circumstances, you should have a lawyer present. A lawyer can make sure your rights are
protected while you provide only necessary information relevant to a specific incident. They may
be able to help you avoid a witness appearance before a grand jury or control the circumstances of
the appearance so that no one's rights are jeopardized.5

If you do decide to answer questions, be aware that lying to a government official is a crime. In
fact, this is one of the most important reasons to not talk to an agent. A standard federal law
enforcement tactic is to discover as much information as possible about a suspect or merely a
person of interest to the government. Federal law enforcement agents will then approach that
person at an otherwise ordinary time, such as during dinner or at work, and ask the person
questions to which they already know the answers.

For example, an agent might ask if you know a person (whom they know that you know) or might
ask if you were at an event (at which they know you were in attendance). If you instinctively say
"No," that is a federal felony punishable with five to eight years in prison.

The most daunting aspect of this investigative tactic is that many people will instinctively answer
no to a question because they are scared or nervous. This tactic is used extensively by federal
agents in all types of investigations and has been used to target and turn activists into informants
against their former associates.

Lying to a federal officer is a federal offense and only applies to questions asked by federal agents.
Be aware, however, that some local and state agents, such as members of a city's Joint Terrorism
Task Force (“JTTF”), are also considered "federal" agents. As well, some states have similar crimes
regarding lying to a state officer. The safest choice is not to talk to law enforcement.

5
It is possible that in certain circumstances, it is in your interest to meet with the agents - for instance, to avoid a subpoena
or prosecution. But in most cases, those things are not in the balance, and there’s no advantage to meeting with the FBI.
Moreover, FBI agents have no obligation to follow-through on their promises. That’s why it’s so important to have the right
legal counsel. Some lawyers with less familiarity with dealing with the FBI may be more likely to advise you to meet with the
agents to simply “make the problem go away.” Unfortunately, that’s often not the case. This is why, if possible, you should
seek to connect with a lawyer that has experience dealing with the FBI, or with activists’ cases.

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There may also be immigration consequences.

For example, agents have been known to question individuals about the basis of their asylum
claims outside of the regular immigration interview process, and then used their statements
against them at their scheduled interview. Statements made during law enforcement interactions
have been used to deny, or stay, an individual’s immigration petition.

Finally, keep in mind that consequences are not limited to the individual level. What you say may
also be used against others, often in ways that you cannot foresee. What you think might be
harmless information or details may be used to coerce, intimidate, or otherwise make vulnerable
other members of your group or community.

If you start answering questions, you can refuse to continue answering questions
MAKE SURE TO DOCUMENT AND WRITE DOWN
at any time. Finally, if you did talk,
EVERYTHING YOU CAN ABOUT THE CONVERSATION WITH AN AGENT. Do this
as soon as possible so it’s fresh in your memory.

Tell your people!

It is important to have collective, intergenerational conversations about the communal harms of
law enforcement questioning campaigns, its history in your particular community, and collective
strategies to push back.

If you've come across this resource, you're probably already plugged in or have searched for it in
light of a recent incident.

● Educating your peers–your colleagues, classmates, movement partners or friends is an

important part of being prepared and protecting yourselves
● Consider sharing this resource with others
● Host/initiate conversations, workshops by local movement leaders or elders where you
can safely raise these concerns and develop a collective strategy

If federal agents have tried to contact you, it's likely that they're going to keep probing your
people. Surveillance of communities thrives on us remaining silent, so do your part to break the
silence! Consider letting your community know that you've been contacted; there is no reason to
be ashamed. We must protect each other! However, before publicizing outside of your community
or organization, we recommend consulting with a lawyer.

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VISITS & SEARCHES
The Fourth Amendment protects people against unreasonable searches. Unless an exception
applies, law enforcement agents are required to obtain a search warrant to conduct a search.
Fourth Amendment protections extend to noncitizens.

Law enforcement agents have the right to search your property with a search warrant. If you do
not grant them access when they have a search warrant, they will likely use force to execute the
search. If an agent claims to have a warrant, ask to see it. If the agent is outside your door or
entrance, ask them to slide the warrant under the door if possible. It must be signed by a judge and
have the correct address and date to be valid. Do not consent to an agent searching any areas not
specifically included in a search warrant.

TIPS ON SEARCHES AND WARRANTS:

● Just because an agent has a search warrant doesn't mean you have to answer any
questions. Maintain your right to silence during the search -- clearly state that intention if
you are asked any questions.
● Don't be intimidated by an agent's threats to get a warrant or subpoena. This is one of the
oldest tricks in the book. If it were so easy for the agent to get a warrant or subpoena, they
wouldn't have wasted time trying to get your voluntary cooperation. Again, simply state
that you will not consent to any search and that you will not talk without a lawyer present.
● Simply because a piece of paper says “warrant” does not mean it is a valid arrest or
search warrant. For example, a deportation/removal warrant is an administrative warrant
and does not grant law enforcement authority to enter a home to do a search or make an
arrest.
● Document! Remember to always document any search done by an officer as soon as
possible. Write up what you observed, what the officer may have said, and anything else
you think is relevant.

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Home
Never allow law enforcement to search your person or property without a warrant.
Law enforcement agents are required to have a warrant to search your property except for certain
limited circumstances. You are only legally required to allow law enforcement agents into your
home, office or other private space if they have a search warrant.

Agents may search your house without a warrant if you allow them to, and they are trained to seek
your consent to warrantless searches. Be careful of questions that are designed to elicit your
consent to search. These questions may be as innocuous as "Do you mind if I come in?" Simply
allowing an agent into your home may be construed as consent to search the whole place.

Legally, the best answer to a request to search is "I do not consent to a search." Say it loudly and
proudly so any witnesses can hear.

AN IMPORTANT LOOPHOLE: An agent may try and use an arrest warrant

to gain entry, which we discuss below.

What If I'm Not Around and an Agent Asks My Roommate to Search My Property?
A roommate can consent to a search of common, shared space and to their own space. A
roommate cannot consent to search of another person's private space in a shared house or
apartment. In other words, a roommate could consent to a search of your kitchen, living room or
shared bathroom, but not your private bedroom, unless you share it with them or it is used as a
common space in some way.

If you share a bedroom with a partner or roommate, they can consent to the search of their
partner's private rooms because they are considered to have shared authority over all space in the
house. Similarly, parents can consent to a search of their children's private space. In sum, if you
share a bedroom with a roommate or partner, they can consent to a search of that space.

To protect against unwanted searches, make sure private space remains private. If you allow
roommates to have mutual access and control over your private space, they can consent to a
search of that space. Tell roommates, office mates and anyone with whom you share space to
never consent to searches of any space, especially your private space.

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Offices andCommunity Spaces
Federal agents need a search warrant to search your office, just like they do for your home.
However, there may be other loopholes they can use that you should be aware of.

If you rent your space in a building owned by another company or individual, it is a good idea to
review your lease and see what rights your landlord has to access your space, and whether the
lease gives permission to your landlord or their agents to allow police or other government agents
access to your spaces for any reason.

You can also take proactive steps so that you and your colleagues are aware of any risks.

● You can put up posters or signs on doors and hallways within your office or space letting
staff and others know not to let law enforcement enter without showing a warrant.
● Make sure front desk personnel, who might be the first to interact with an agent who
shows up, are trained in what to do and who to contact in case they encounter an agent.
● Additionally, keep track of who and where all the keys to your office are, and retrieve any
keys from people no longer working with your organization, such as previous staff.

If your office hosts meetings or gatherings of community members or other non-staff members,
it can be good to come up with a system for ensuring that you know who the attendees are, but
also that you can maintain confidentiality.

For example, if your building has a security protocol that requires signing in, you can consider
moving locations if attendees are uncomfortable with a sign-in sheet.

Unfortunately, although the rules governing their behavior in these spaces are slightly more
stringent, FBI agents and informants can and have infiltrated religious spaces, political groups, and
academic groups. Although many of these instances arguably violate the First Amendment, it is
often difficult to know for sure if that infiltration has occurred.

Can Agents Search My Trash?

Once you have placed your trash outside your house, agents can search it without a warrant or any
other legal restraint. Courts have found that you have no privacy interest in your trash because
you are surrendering it to the general public. Shred or otherwise destroy any and all sensitive
documents before disposing of them.

What Should I Do If My Office or Home Is Broken Into and I Suspect That the Motive Was
Intelligence Gathering?
If your home or office is broken into, or if threats have been made against you, your organization or
someone you work with, document everything and share this information with everyone affected
and take immediate steps to increase personal and office security. Contact a lawyer immediately.

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Car
If a law enforcement officer or immigration agent asks to search your car, you can refuse to
consent to the search. However, law enforcement has extremely broad power to conduct
warrantless searches of cars. If an agent has probable cause to believe that a car contains evidence
of a crime, the agent may, without a warrant, search the vehicle and any container inside the
vehicle that is large enough to contain the item for which they had probable cause to search.

For example, if an agent has probable cause to believe you stole a large television, they can search the trunk
of the car but not the glove box or a small toolbox in the trunk. If they only have probable cause to search a
container recently placed in the car, they can only search that container.

If you are arrested and your car is impounded, law enforcement is allowed to perform a
warrantless inventory search. This basically means the police may search your car for the purpose
of cataloging what is inside, but they also may use anything they find against you for any reason.
Inventory searches must follow local established procedures, and the police may not use an
inventory search as pretext for performing a warrantless search.

Arrest Warrants
An arrest warrant is a tool used by police and other law enforcement agents to enter your home to
make an arrest. Arrest warrants are signed and issued by a judge based on sworn applications from
law enforcement attesting that there is probable cause that a crime has been committed and the
person or people named in the warrant committed the crime.6

One of the many loopholes in search warrant requirements is that once the agents are inside your
home, even if they are there with only an arrest warrant, they have great leeway to conduct a
search. They can search the immediate area around you without a search warrant. Law
enforcement agents can even search the whole house as part of a "protective sweep" if they have a
reasonable belief that a dangerous person might be present there.

If law enforcement arrives at your home and they state that they have an arrest warrant (or any
other space with an arrest warrant):

● Ask to see the warrant and have the officer slide it under the door.
● Verify that the warrant has the name of the individual to be arrested and
● Check that it Is signed by a judge (and not, for example, the director of an agency).

If the arrest warrant is real, the best practice is to inform the officer that you will surrender
yourself outside, then go outside and give yourself up. If it is safe to do so, lock the door behind

6
There are two common exceptions to this rule: First, in most but not all states, law enforcement agents need a warrant to
make an arrest for a misdemeanor that they did not witness personally. It is important to note, however, that agents can still
make arrests for felonies they did not witness without an arrest warrant. Second, law enforcement generally needs an arrest
warrant to make an arrest in your home. They can, however, make a warrantless arrest in your home if they believe there is a
risk that you will destroy evidence or if they are chasing you in hot pursuit and you duck into your or someone else's home.

UPDATED 2020 | 13
you. If law enforcement agents have an arrest warrant, they will arrest you. Do not give them the
chance to conduct a warrantless search of your home as well.

It is additionally important to note that while law enforcement generally needs an arrest warrant
to make an arrest in your home, they can, however, make a warrantless arrest in your home if they
believe there is a risk that you will destroy evidence or if they are chasing you in hot pursuit and
you duck into your or someone else's home.

In summary, it is best not to be in your home when you are arrested.

ICE Ruses
ICE agents also cannot enter your home without a warrant signed by a judge or your permission.
However, official ICE policy allows ICE agents to use “ruses” to attempt to gain access into your
home or office. The Immigrant Defense Project has excellent materials on available on their
website about your rights if you encounter ICE agents, and we encourage you to review and
download them. In regards to ruses, IDP warns that “ICE agents are allowed and encouraged to
use ruses. ICE agents use ruses to gain entry to homes without judicial warrants or to obtain
information about the individual for whom they are looking. One common ruse is where ICE
agents pretend to be local law enforcement in order to hide that they are ICE.”

Customs & Border Searches

Constitutional protections are weakened–although not totally diminished–at the border. The
Fourth Amendment requirements of probable cause and reasonable suspicion do not apply to
searches at the border.7 However, stops, searches, detentions or removals cannot be based on
race, religion, national origin, sex or ethnicity.

Border officials–who may include Transportation and Safety Administration (TSA) officers,
customs agents, Customs and Border Protection (CBP) officers, and immigration officers–are
allowed to stop, detain, and search any person8 or item. Even if your bags pass an initial screen,
officials can conduct a further in-depth search of your bags.

Generally, border officials can search your laptop and other electronic devices and copy data
stored on those devices. They can ask for access to your social media profiles, but whether you’re
legally required to share this information is unclear. If you decline to hand over your password, the
implications can be different for you based on your immigration status. For more information on
electronic searches and what to do, we strongly suggest reviewing EFF’s excellent guide.

If you are a foreign national perceived as being non-cooperative, you can be denied entry to the
U.S. Green card holders cannot be denied entry or stripped of their Lawful Permanent Resident

7
The same is not true in the “border zone,” which refers to the territory within 100 miles of the U.S. border; although
federal immigration agents routinely stop individuals within this area, the Fourth Amendment fully applies.
8
Airport and border searches can present particular challenges to individuals from trans or gender non-conforming or who
have religious needs. We recommend reviewing these more specific resources:
https://transequality.org/know-your-rights/airport-security

UPDATED 2020 | 14
(LPR) status without a hearing before an immigration judge. U.S. citizens cannot be denied entry
but might be delayed.

Border officials can question you about your immigration status, travel itinerary, items you are
bringing with you, and generally anything that relates to your admissibility into the U.S. If you are
selected for secondary inspection, which entails a longer interview, note that you do not have to
answer any questions beyond those that pertain to identifying yourself and the safety of the
border, and you have the right to an attorney if you are a U.S. citizen. Noncitizens do not have the
right to have an attorney present during questioning at the border, unless the questions relate to
anything other than immigration status (such as, for example, political or religious beliefs).

INFILTRATION & HUMAN SURVEILLANCE

The use of undercover agents and informants is widespread in investigations by modern law
enforcement agencies. The ability to place undercover agents or informants in progressive
movements or organizations gives law enforcement a kind of access that is otherwise nearly
impossible to obtain. Infiltration helps collect confidential information on the activities of private
individuals and gives law enforcement enough information to initiate an investigation. Undercover
agents and informants can report to law enforcement on the participants, tactics and actions of
movements. They can even suggest, encourage and/or participate in illegal activity in their efforts
to arrest participants. Courts have generally held that public policy forbids the disclosure of an
informant's name unless essential to the defense in a criminal court, so informants are rarely
called upon to testify, enabling them to act with only a limited amount of responsibility or
accountability.

Informants
Informants are individuals who are not employed as law enforcement agents who provide law
enforcement agents with information, often in exchange for money, or because they have some
vulnerability (e.g. criminal or immigration-related) that’s being leveraged against them. An
informant ordinarily has previous involvement in–and more intimate knowledge of–the
movement, organization, or community that the agents are investigating.

Cooperating Witnesses
Cooperating witnesses are similar to informants, except that cooperating witnesses usually agree
to "flip" or "snitch" after being threatened with prosecution. Cooperating witnesses will testify in
court in exchange for lesser charges being filed against them if there are any charges filed against
them at all.

Undercover Agents
An undercover agent is a law enforcement officer who uses an assumed name or fake identity to
infiltrate a movement, event or organization to gather information or evidence. In political
infiltration cases, an agent will typically pose as a sympathizer to a particular organization, gain the
trust of its key members and then use this access to gather confidential information to pass on to
the investigative agency. A secondary objective may be to lay the groundwork for a separate

UPDATED 2020 | 15
investigation. Undercover agents typically concoct a cover story as detailed as the assignment
requires as well as a basic biography and plausible story covering past and present activities.

Are There Limits on What Undercover Agents

and Informants Can Do?
No specific law governs or limits law enforcement's use of undercover agents or informants, and
there are no restraints on what types of crimes infiltration can be used to investigate. Unlike
other countries, the use of covert practices do not require a warrant, so law enforcement officers
don't need to show that the use of an undercover agent or informant is necessary for a particular
investigation. The FBI's use of undercover agents and informants is governed only by loose
internal guidelines established after U.S. Congressional findings in the Final Report of the Select
Committee to Study Government Operations with Respect to Intelligence Activities (1976).

The report exposed details about the FBI's now-infamous Counter Intelligence Program
(COINTELPRO), in operation between 1956 and 1971, which targeted activists and organizations,
including Dr. Martin Luther King, Jr. and the Black Panther Party. In response to the report, the
U.S. Attorney General enacted internal guidelines for covert FBI operations that regulated both
undercover agents and informants. While these guidelines were initially strong, they have been
progressively weakened by subsequent administrations. The current guidelines permit many of
the invasive law enforcement practices they were originally designed to prevent. Moreover, the
guidelines are not enforceable in court, so they offer only limited protection from infiltration and
surveillance. In other words, if an agent gathers evidence in violations of FBI regulations, that
evidence might still be used in court.

What is Entrapment?
The strongest restraint on undercover agents and informants is the requirement to avoid
entrapment. Entrapment occurs when an agent or informant plants the idea to commit an offense
in the mind of an individual who would not otherwise have been disposed to commit such an
offense and then encourages that individual to commit the offense in order to prosecute them.
Courts view entrapment very narrowly, and tend to give wide latitude to undercover agents or
informants who suggest or encourage illegal activity. While exceptions to the entrapment defense
vary from state to state, it is generally not an effective defense if the undercover agent merely
suggested the commission of a crime. In many states, entrapment is not a viable defense if a jury
believes someone was predisposed to commit the crime.

In other states, entrapment is not a defense at all when the crime involves "causing or threatening
bodily harm." For these reasons, one cannot rely on the availability of an entrapment defense.

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What are the Constitutional Limits to an Agent's
Power to Infiltrate?
Undercover agents or informants are generally allowed to attend public meetings, including those
that take place in houses of worship. Courts have sometimes found First Amendment violations
when it is determined that enforcement agents interfered with a group's ability to exercise the
right to freedom of speech and association. Similarly, courts have found law enforcement in
violation of the First Amendment when it gathers and publicly releases information on an activist
or organization. Courts have not found First Amendment violations when law enforcement agents
merely create an uncomfortable atmosphere at public meetings.

Courts have routinely found that the covert recording of conversations by undercover agents and
informants does not violate the Fourth Amendment, which protects against unreasonable
searches and seizures.

Courts have also found that the covert recording of conversations by undercover agents and
informants does not violate the Fifth Amendment protection against self-incrimination. Similarly,
if you unknowingly invite an undercover agent into your home or other private space, courts
consider it "consent" to a search by that agent. If the undercover agent sees probable cause of a
crime, the agent can then summon other law enforcement agents to join in the search based on the
so-called consent granted to the undercover agent. Some courts have even applied the same
reasoning for situations in which targets unknowingly invite an informant to enter a home.

How Can I Identify Infiltration?

There is no way to be certain about infiltration, which is part of why infiltration is so harmful to
movement-building. Suspicion of infiltration severs trust, disrupts organizing, and can be very
stressful. It must be navigated with caution. Law enforcement agencies have historically infiltrated
political movements, but they have also engaged in a practice of disseminating false accusations
against effective activists. Movement organizers have, over the years, identified some
characteristics of undercover agents or infiltrators. For instance:

They may not have a They may quickly In some contexts, An undercover agent or
backstory that “makes volunteer for tasks that undercover agents and informant may also have
sense” – including provide access to your informants have no obvious source of
sudden deeply held group's important encouraged or urged income over a period of
political or religious meetings and papers, the use of violence or time or have more
beliefs that do not such as financial illegal tactics and accuse money available than
reflect the common records, membership others who resist those their job should pay.
trajectory of everyone lists, minutes and tactics as being
else in the movement. confidential files. cowards, or otherwise
sow discord that
distracts from the
movement’s goals.

UPDATED 2020 | 17
Just because a person fits these characteristics does not mean they are an undercover agent or
informant.
● Use a lot of caution and do not publicly accuse someone of being an agent or informant
unless you have gathered substantial evidence against them.
● If somebody bothers you, distance yourself from them.
● If you think they might be making others vulnerable, consider raising your concerns with
trusted leadership or other activists.

You can try to obtain information on a suspected agent or informant's background.

● Check with organizations in areas the suspected agent lived in the past to see if anyone can
vouch for them.
● See what you can turn up on the internet or on social media.
● Public records such as credit reports, voter registration and mortgages contain a wealth of
information, including past and present addresses.
○ If they are available, you might want to check listings of local police academy
graduates; but, remember that the suspected person may not be using her/his/their
real name.

What Precautions Can I Take to Protect

My Organization?
DOCUMENT: DISCUSS: SEEK INFORMATION:
Maintain a file of all suspected The chilling effect of You may try to file Freedom
or confirmed experiences of surveillance thrives in silence. Hold of Information Act (FOIA)
surveillance and disruption. a meeting to discuss spying and requests for your organization
Include the date; place; time; harassment. This can help determine if from agencies such as the FBI,
those present; a complete any of your members have Department of Homeland
description of everything that experienced any harassment or Security (DHS), other federal
happened; and any comments noticed any surveillance activities that agencies. File similar requests
explaining the context of the appear to be directed at the with local and state law
experience and a description organization's activities. Review past enforcement agencies utilizing
of the impact the event had on suspicious activities or difficulties in your state's freedom of
the individual or organization. your group, and try to determine if one information laws. For more
or several people have been involved information on making FOIA
in these events. Depending on the and open records requests,
context as well as the available check out CCR’s
resources in your area, consider FOIA Basics for Activists guide.
bringing in outside facilitators,
movement lawyers, or trusted
elders and movement leaders.

UPDATED 2020 | 18
 MOST IMPORTANTLY, DO NOT ALLOW FEARS ABOUT INFILTRATION PARALYZE YOUR
MOVEMENT OR ORGANIZATION. This “chilling effect” can be as destructive as
infiltration itself.

COURT TOOLS USED AGAINST ACTIVISTS

Subpoenas
A subpoena is an order issued by a government authority that demands someone turn over
physical evidence, such as documents, or that the person testify in court.

Subpoenas are extremely easy to obtain. They are often filed by a government employee, a court
clerk and even private attorneys. A subpoena does not need to be presented to a judge before it is
issued. The showing required to issue a subpoena is extremely low; a subpoena may be issued if
there is any reasonable possibility that the physical evidence or testimony demanded will provide
information relevant to the subject being investigated.

The ease with which subpoenas are issued makes them a powerful tool, but unlike search warrants
or other government tools, they can be challenged in court prior to compliance. If you receive a
subpoena, you can move to "quash" the subpoena if it is too broad or too burdensome or if it seeks
legally protected materials, including materials protected by the First Amendment. Once a
subpoena is quashed, the documents or testimony demanded are no longer required of the
recipient.

Subpoenas are particularly dangerous because law enforcement can subpoena “third parties” that
may have information about you, such as a person or company that you interacted or did business
with. The government can subpoena other people for emails you have sent them, or they can ask
your e-mail provider for them. Because these third parties do not always have the same interest in
defeating these subpoenas that you do, they are more likely to comply with the subpoena without
a fight. Unfortunately, you are unlikely to be informed if a third party has been subpoenaed for
documents that concern you. For more information, see EFF’s Surveillance Self-Defense guide.

UPDATED 2020 | 19
If you receive a subpoena:
You should seek to quash the subpoena before the date of compliance specified on the subpoena
itself, but even subpoenas that state they require immediate compliance cannot be enforced
without a judge.

If someone shows up at your door and tries to serve you with a subpoena, just take it.

● Don't let the person in

● Don't answer any questions and
● Don't consent to a search.

A subpoena does not give an agent the right to take any immediate action.

If you receive a subpoena, immediately contact a lawyer for advice. A lawyer can also potentially
“quash” the subpoena. In the unlikely event that you are informed that a third party (such as a
landlord, bank or internet platform) has been subpoenaed for records about you, you can also
move to quash that subpoena–it does not matter if a subpoena wasn't issued directly to you.

GRAND JURIES & GRAND JURY RESISTANCE

What are Grand Juries and What Threats
Do They Pose to Activists?
A grand jury is a panel of citizens brought together to investigate crimes and issue indictments.
In their original conception, grand juries were intended to be radically democratic. In their original
formation, any citizen could bring an allegation of wrongdoing to the original grand jury and the
grand jury could indict on a majority vote.

Modern day grand juries are very different. Today, all federal criminal cases are brought to a
federal grand jury by a prosecutor. The prosecutor picks the witnesses and asks the questions. The
prosecutor drafts the charges and reads them to the grand jury. Witnesses are not allowed to have
a lawyer present. There is no judge present. There is no requirement that the grand jury members
be instructed on the law at issue. And, unlike in other juries, grand jury members are not screened
for bias.

Since the prosecutor solely orchestrates the proceedings, it is no surprise that grand juries almost
always serve as a rubber stamp for prosecution. In the rare event that a grand jury does not indict,
the prosecutor can simply impanel a different grand jury and seek an indictment before a new
grand jury.

In political cases, federal grand juries have been used to execute fishing expeditions against
activists. Prosecutors will bring in activist witnesses and attempt to get them to snitch on other

UPDATED 2020 | 20
activists with threats of jail time for civil contempt (see more info below) if they refuse to
cooperate with the grand jury. It is critical to understand how a grand jury works; what your rights
are; what rights you cannot exercise; and how to resist a grand jury.

Many rights we take for granted do not exist for grand jury witnesses. Grand jury witnesses have
no right to be represented by an attorney and no right to a jury trial if they are threatened with jail.
Grand jury witnesses do retain the right against self-incrimination but can still be forced to snitch
on themselves and others in exchange for immunity from prosecution and punishment. Immunity
only protects witnesses, others can still be prosecuted.

Grand jury proceedings are secret. The activist community often does not know when a grand jury
investigation is being pursued. As a result, many activists believe in publicizing the fact that they
have received a subpoena. This may be an effective tactic to explore with your attorney if you
receive a subpoena.

What Should I Do If Someone Shows Up With a

Grand Jury Subpoena?
Grand juries get information from people by issuing subpoenas. A grand jury subpoena is an order
to testify before a grand jury or provide the grand jury with certain information. Grand juries
issue two different types of subpoenas:

● Subpoenas for testimony and

● Subpoenas for information

Sometimes both types will be issued to one person. We recommend consulting an attorney
immediately if you receive either type of grand jury subpoena.

Grand jury subpoenas are served by law enforcement agents, usually police officers or federal
marshals. A grand jury subpoena must be personally served on you, meaning, it must be handed to
you. If you refuse to accept it, it must be placed near you.

If an agent shows up and tries to serve you with a subpoena, take it and do not do anything else.

● Do not answer any questions

● Do not consent to a search and
● Do not invite them into your home for any reason.

A grand jury subpoena does not give an agent the right to search a home, office, car or anywhere
else, nor does it require you to relinquish any documents or say anything at that time. A grand jury
subpoena only requires you to do something on the future date stated on the subpoena.

UPDATED 2020 | 21
What Options Do I Have If I Receive a Grand Jury
Subpoena?
If you receive a subpoena, you should speak with a lawyer before taking any action. If the
subpoena is politically motivated, it is best to speak with an attorney in your activist circle who
does criminal defense or grand jury work.9

Once you have received a grand jury subpoena, you typically have three options:

1
You can comply with
2
You can move to “quash”
3
You can refuse
the subpoena the subpoena to comply

Complying with a subpoena is relatively straightforward. However, grand jury subpoenas have
hard-to-understand Latin names. For a subpoena “ad testificandum,”10 you arrive at the date, time
and location stated on the subpoena and answer the prosecutor's questions. For a subpoena
“duces tecum,”11 you show up on the date, time and location stated on the subpoena with the
documents or other evidence required.

If you comply with a subpoena, you avoid the possibility of being punished for ignoring it; however,
complying with a subpoena may get you into a different type of trouble.

For example, if you are a target of the investigation, complying with the subpoena may provide
the government with information it might need to charge and convict you. You might also place
another activist in jeopardy by complying with a subpoena.

Challenging a subpoena in court by a motion to “quash” the subpoena. “Quashing” a subpoena

means a court declares it null and void. A court will only grant a motion to quash if there is a
sufficient legal basis, such as misidentification or lack of jurisdiction.

9
Remember, although in some rare cases it might be advisable to testify, securing any guarantees can be challenging. Some
people who have complied have served as many years in prison as the individuals against whom they testified.
10
An “ad testificandum”subpoena is a subpoena ordering a witness to appear and give testimony.
11
A subpoena “duces tecum,” which means "bring it with you" in Latin, is a subpoena ordering a witness to provide the grand
jury with certain documents.

UPDATED 2020 | 22
Even if you cannot successfully quash a subpoena, litigating a motion to quash in court can buy you
some time. Time is important, especially if you do not plan to cooperate with the grand jury,
because non-cooperation can land you in jail (see more info below). Grand juries can last for as
long as 24 months, and whatever time is spent litigating the motion to quash may save you the
experience of spending that entire period in jail. An experienced movement lawyer should be able
to provide advice on whether moving to quash a subpoena is a good idea or not in your particular
circumstances.

Refusing to comply with a grand jury subpoena. There are two ways to do this:

1
Refuse to show up
2
Refuse to answer any of the
prosecutor's questions

If you simply refuse to show up for your testimony, you may be in contempt and the government
can choose to arrest you and jail you until you testify or until the grand jury expires. If your
testimony is not particularly important to the prosecutor, they may choose not to take action.

If you appear to testify, you will not be allowed to have an attorney present. You can, however,
have an attorney just outside the grand jury room, and you can usually consult with them after
every question. Because you retain your Fifth Amendment right against self-incrimination, you can
refuse to answer the prosecutor’s questions by saying "I invoke my Fifth Amendment privilege
against self-incrimination" after every question. At this point, the prosecutor may simply dismiss
you or they may seek to grant you immunity.

Immunity prevents the witness from having criminal charges brought on the basis of the grand
jury testimony. A judge must approve a grant of immunity. A prosecutor can get a judge to
pre-approve a grant of immunity; otherwise, a witness is brought before a judge who, upon the
prosecutor's request, virtually always grants immunity.

If you continue to refuse to answer questions after being granted immunity, the prosecutor can
bring you before a judge, and the judge will order you to testify. If you continue to refuse, the judge
can have you jailed for civil contempt. Witnesses who refuse to provide physical exemplars, i.e.
samples of handwriting, hair, appearance in a lineup or documents, upon the request of a grand
jury may also be jailed for civil contempt.

While civil contempt is not a crime, it can result in the witness being jailed for the duration of the
grand jury. Grand juries can last for up to 18 months, although some "special" grand juries can
obtain up to three extensions of six month periods each. The purpose of incarcerating a
recalcitrant witness is to coerce them to testify. Judges will sometimes free witnesses before the
expiration of the jury if it is clear that there is no chance the witness will testify.

UPDATED 2020 | 23
If you are jailed, you can periodically file a motion stating that:

1
Jail will not coerce you
2
Your confinement is merely punitive and
into testifying therefore unconstitutional. If you win one
of these motions, you will be released

Some activists create files to prepare for being called before a grand jury. A file that memorializes
your stalwart belief against cooperating with grand jury proceedings can be used as evidence that
civil contempt will not work to coerce you and thereby help you win release.

There may be special risks involved for non-U.S. citizens refusing to comply with a subpoena. You
should consult with your attorney before engaging in noncompliance.

What Happens After a Grand Jury?

What takes place in grand jury proceedings is secret. The government relies on this secrecy to
create fear and distrust in activist communities. Some activists have successfully dispelled that
fear and distrust in activist communities by publishing the questions asked of them by the
prosecutor and the answers they provided. If you are considering taking action in this way, you
must talk with an attorney to ensure that you are not creating more problems than you are solving.

SPECIAL CONSIDERATIONS FOR NONCITIZENS

Noncitizens are individuals who do not have U.S. citizenship, including tourists, students and
others who are in the U.S. on visas or visa waiver programs; lawful permanent residents; refugees;
and those without legal immigration status. Noncitizens in the U.S. enjoy most of the same
constitutional rights as citizens. However, how that plays out in practice can sometimes be
different. Noncitizens engaging in political activism should be aware of several special
considerations. Noncitizens should not, however, entirely avoid political activism based on an
unreasonable fear of government repression. Many political or community formations recognize
that their noncitizen members are more vulnerable, and implement protocols and principles to
ensure the minimization of their exposure.

Speech and Political Affiliations

In most cases, the government treats speech by noncitizens in the U.S. the same way it treats
speech by citizens. Noncitizens cannot be criminally punished for speech that would be protected

UPDATED 2020 | 24
if uttered by a citizen. Similarly, noncitizens cannot be sued for speech that would be protected if
said by a citizen.

The government does, however, have broad powers to withhold immigration benefits (such as
discretionary relief or naturalization) and may potentially even initiate removal proceedings based
on a noncitizen's speech, including their social media postings. Practically speaking, it is extremely
rare for the government to remove someone based purely on speech or association, and it can be
challenged, especially in egregious situations. The government, however, is allowed to selectively
enforce immigration laws.

For instance, the government can remove noncitizens for violations of immigration law (such as
overstaying a visa or working without authorization) even if the government's motivation in
initiating removal proceedings is a noncitizen's speech or political association. The government
could also potentially deny a visa or entry based on their speech or association, and has searched
social media handles at borders.

We also know that the FBI and other federal agencies often use a pending immigraton application
as a reason to question people about their affiliations, political or religious activism, or even to try
to coerce them into becoming informants. They have threatened to place individuals’ petitions on
hold. Individuals who have a concern should contact a lawyer.

Finally, applicants for permanent residence and naturalization are asked to list the organizations
with which they have worked, been members of or otherwise affiliated with. Politically active
noncitizens are advised to consult an immigration lawyer before applying for a change in status
because some associations may cause problems in your application process.

Searches and Seizures

Noncitizens in the U.S. largely enjoy the same Fourth Amendment protections against
unreasonable searches and seizures that citizens do. Law enforcement must get a warrant to
perform any search on a noncitizen or a noncitizen's property just as they must to perform a
search on a citizen. Evidence obtained in violation of the Fourth Amendment is excluded from a
noncitizen's criminal trial the same way it is for citizens.

Unfortunately, the use of evidence obtained in violation of the Fourth Amendment is generally
permissible in immigration proceedings. This means the government can use illegally obtained
evidence that cannot be used in criminal proceedings for immigration proceedings. It is possible
that evidence obtained through especially egregious violations of the Fourth Amendment or
through other constitutional violations (for example blatant racial profiling) may be excluded in
immigration proceedings.

Also, the government can generally search and seize any person, package or vehicle traveling
across the border or at an airport.

UPDATED 2020 | 25
Right to Remain Silent
Noncitizens in the U.S. generally have the same right to remain silent that citizens do. If questioned
by law enforcement agents, you can remain silent and refuse to answer their questions even if they
detain you temporarily or arrest you. You can simply say nothing or say something like "I'd like to
talk to my lawyer before I say anything to you.” Do not sign anything without reading and fully
understanding the consequences of signing it.

One exception to this rule is if an immigration officer asks a noncitizen to provide information
related to their immigration status; however, even in this situation, you can still state that you
would like a lawyer present before you answer any questions.

The law also requires adult noncitizens with valid immigration documents to carry these
documents at all times. If an agent asks for your documents and you refuse to provide them, you
can be charged with a misdemeanor. Never show fake immigration papers or claim that you are a
U.S. citizen if you are not. Instead, you should remain silent or say you would like to talk to a lawyer.
Lying to a federal agent is a much more serious crime than the misdemeanor of failing to produce
documents--it is better not to produce anything than to produce false documents. Also, falsely
claiming to be a U.S. citizen may bar you from obtaining lawful status or citizenship in the future.

CONCLUSION
As noted before, the information presented in this booklet is a primer on your basic rights. This
guide is meant to help you prepare yourself, your organization and your fellow activists to be fully
informed and protected in the event that an agent knocks at your door. And remember, different
states have different laws--it is a good idea to learn the laws of your state and to have access to a
lawyer who is familiar with them. We hope this booklet can be a tool for you and your organization
as we work towards a more socially just world.

APPENDICES
Glossary
Agent: People employed by federal agencies and with the authority to investigate,
question, and potentially arrest you.

Arrest Warrant: A legal document authorizing law enforcement to arrest those identified
by the warrant.

Civil Contempt: Can result in the witness being jailed for the duration of the grand jury.

UPDATED 2020 | 26
Criminal Contempt: Extremely rare charges. Punishes a witness for impeding the legal
process. No maximum penalty.

Entrapment: Entrapment occurs when an agent or informant plants the idea to commit an
offense in the mind of an individual who would not otherwise have been disposed to
commit such an offense and then encourages that individual to commit the offense in
order to prosecute her/him.

Fifth Amendment: Enshrines a number of protections, among them is your right to not be
deprived of “life, liberty or property” without “due process,” as well as your right not to
incriminate yourself and remain silent. It also mandates that anyone charged with a felony
must be indicted by a grand jury.

First Amendment: Enshrines a right to assemble peacefully, to have freedom of speech,

and your ability to petition the government for “redress of grievances.”

Fourth Amendment: Prohibits unreasonable searches and seizures of you or your

property. It also sets requirements for issuing warrants.

Grand Jury: A grand jury is a panel of citizens brought together to investigate crimes and
issue indictments.

Immunity: Prevents the witness from having criminal charges brought on the basis of the
grand jury testimony.

Informant: Someone collecting and passing information from a movement, organization

or community to federal law enforcement.

Movement Lawyer: Attorneys who are connected to and understand social justice
movements. Movement lawyers have experience using the law as a tool to support and
assist communities and activists rather than only to litigate.

Noncitizen: Noncitizens are individuals who do not have U.S. citizenship, including
tourists, students and others who are in the U.S. on visas or visa waiver programs; lawful
permanent residents; refugees; and those without legal immigration status.

Nonimmigrants: Noncitizens authorized to be in the U.S. on tourist, student, or work

visas, for example.

Probable Cause: Probable cause means that facts must exist to establish that evidence of
a crime will probably be found in the area to be searched.

Quash: To void or nullify something through a legal procedure.

UPDATED 2020 | 27
Ruse: A fictional but legal reason an ICE agent may give you in an attempt to gain access to
your home or other property.

Search Warrant: A legal document authorizing law enforcement to search and potentially
seize property at a specific location identified by the warrant.

Subpoena: Court papers ordering someone to appear before court, or possibly ordering
them to provide some type of information to a court or legal party.

Types of Federal Agents

Federal agents could be associated with a range of agencies. They might also be local law
enforcement that have been “tasked” to the Joint Terrorism Task Force (JTTF). While
questioning of activists is often done by the FBI, agents from any number of agencies may
also be involved. Tracking which agencies are involved in the investigations can be helpful
for your lawyer or for other activists. However, reports have increasingly suggested that
federal agencies are overlapping and coordinating, so that a “visit” from ICE agents does
not necessarily mean that the matter involves borders or immigration. You should also
assume that agencies will share information amongst each other, or with local law
enforcement as well.

1. Federal Bureau Investigation (FBI)

● The FBI is the primary domestic intelligence and enforcement agency in the U.S.
and has several branches which collect and analyze information, and investigates
and prosecutes federal crimes It also operates local “field offices” throughout the
country.

2. Central Intelligence Agency (CIA)

● The CIA is technically not supposed to carry out domestic enforcement or

investigative operations. However it does operative intelligence gathering within
the U.S. through components such as its “National Resources Division” and collects
and shares information with other intelligence agencies.

3. Department of Homeland Security (DHS)

● The DHS is a very large federal agency that does its own surveillance work through
components such as the Office of Intelligence and Analysis. It also houses several

UPDATED 2020 | 28
 other law enforcement agencies, including ICE, CBP, Secret Service and the TSA
described below.

4. U.S. Immigration and Customs Enforcement (ICE)

● ICE has many components and offices but two are key to be aware of: Homeland
Security Investigations (HSI), which handles most of its investigative work, and
Enforcement and Removal Operations (ERO) which are often the ICE agents
responsible for “frontline” work, such as making arrests.

5. Transportation Security Administration (TSA)

● You will find TSA agents primarily in airports, in charge of screening passengers and
cargo. Federal Air Marshals, who travel on planes, are also part of the TSA.

6. U.S. Customs and Border Protection (CBP)

● CBP is the largest law enforcement agency within DHS, operating throughout the
country, especially at any points of entry. CBP agents will often work in tandem
with ICE and other law enforcement in carrying out their operations. The Border
Patrol is part of CBP.

7. Bureau of Alcohol, Tobacco, and Firearms (ATF)

● The ATF is part of the DOJ, and investigates, enforces and regulates interstate
firearm, alcohol and tobacco product offenses, including arsons and explosives.
Agents can sometimes be involved in crimes labeled as “terrorism” and often work
with local law enforcement.

8. Secret Service

● Agents are charged with protecting government leaders including the President,
and also carry out investigations and missions regarding cyber crime and some
economic-related crimes.

9. Joint Terrorism Task Force (JTTF)

● Joint Terrorism Task Forces (JTTF) are locally-based multi-agency partnerships,

usually run by the FBI/DOJ, between various federal, state, and local law
enforcement agencies tasked with investigating terrorism-related crimes.

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