What is the legality of viral attempted airport detainment

[00:00:00]Well, now to a viral video appearing to show a man in distress. The scene playing out at Harry Reid International catching the attention of other travelers. We now know ICE agents were trying to detain him at Harry Reid International Airport. A good part of this attempted detainment was caught on camera. The agents trying to make the apprehension left the man at the scene with one handcuff on his wrist. It's shocking video that started making the rounds on social media very early yesterday morning.

[00:00:27]>> Will Silverstein joins us live. you had a chance to speak with a former federal prosecutor. So what's he saying? Is ICE even allowed to operate within our local airport?

[00:00:38]>> Dan Latoya, good evening. Former federal prosecutor Neiman Romani, he says traditionally when you think about ICE, they didn't operate near schools, didn't operate near hospitals, airports, a little bit of a different story. It's another public place. They are allowed to operate there, but it's not something we see often. And it's shocking when we do see something like last night. HEY, WHAT'S GOING ON?

[00:01:00]>> They do need a warrant to go into someone's home or a private business, but certainly an airport is considered open to the public.

[00:01:10]>> Open to the public, but a shocking and confusing site for those at Harry Reid International watching this man be tackled to the ground by planes closed immigration officers. The two officers struggling and failing to make an arrest. Former federal prosecutor Nemo Romani says the airport is fair game.

[00:01:26]Here's why. Now, there are internal DHS restrictions on where ICE can arrest individuals. Typically, they don't arrest people at courouses, hospitals, schools, although some of that internal guidance has changed over time, particularly with this administration.

[00:01:45]But there's nothing legally prohibiting ICE from arresting someone in a public place like an airport. It is not only the failed arrest under question, but the role of those filming the detainment and watching from behind the phone ICE posting the following on social media after the arrest of 57year-old Fu.

[00:02:03]Despite attempts by agitators to help him evade ICE officers at Las Vegas airport, he was eventually taken into custody as soon as landed in Los Angeles.

[00:02:13]>> There wasn't what I would consider agit I would consider bystanders. Former FBI agent Ray Johnson disagrees with ISIS's assessment of the situation. Johnson surprised that the two agents seemingly gave up on the operation.

[00:02:26]>> Um it certainly um makes me question how they did that enforcement action. Um and then walking away from it. Um that that's the part that I I would have some trouble with. I would have a difficult time to go in front of a grand jury indicating that I was, you know, afraid of my life, afraid of, you know, something else, forcing me to retreat from an arrest like this.

[00:02:46]>> Back to Romani. News 3 asked the former prosecutor about if Clark County, who has jurisdiction on the land the airport is on, can do anything to stop immigration operations. Here's what he said. Even though they don't want to cooperate, they can't prevent ICE from operating in their jurisdiction under the supremacy clause of the constitution and the fact that immigration enforcement, it's not a state, local, county issue. It is a federal government issue. And the reason that's the case is you can't have inconsistent immigration enforcement in one state versus the other. There's very little cities and counties can do to prevent ICE from conducting immigration enforcement within their borders, though they can certainly tell their officers not to help with the enforcement.

[00:03:35]>> And that's the key there. They can tell the officers not to help, but at the same time, there's not much they can do to stop it. We don't have a 287g active agreement at this particular time. And that's what it kind of allows for local governments, law enforcement to work alongside ICE. But once again, that doesn't mean that the uh gates are going to be stopped either just because there's no agreement in place.

[00:03:57]>> All right. Very interesting case that of course has a lot of people talking about it. Thank you so much.

[00:04:02]>> Meanwhile, Harry Reid International sent us a statement saying in part, "The Clark County Department of Aviation recognizes that incidents such as this may raise questions and concerns among the traveling public. We work closely with our federal law enforcement partners to support the safe and secure operation of the airport.

[00:04:20]>> Meanwhile, in light of what happened at the airport, dozens of protesters are expected to make their voices heard this weekend. It's slated to happen at the Clark County Detention Center along with the vigil. The group expected to honor the memory of two men recently killed by ICE. One of them died in Maine, the other in Texas. The protest expected to start at 700 p.m. There's also a demonstration tonight. Organizers are calling it Fight Fascism Friday.