Why ICE Is Allowed to Impersonate Law Enforcement | WIREDSkip to main contentMenuSECURITYPOLITICSTHE BIG STORYBUSINESSSCIENCECULTUREREVIEWSMenuAccountAccountNewslettersSecurityPoliticsThe Big StoryBusinessScienceCultureReviewsChevronMoreExpandThe Big InterviewMagazineEventsWIRED InsiderWIRED ConsultingNewslettersPodcastsVideoLivestreamsMerchSearchSearchVittoria ElliottPoliticsMar 26, 2026 6:00 AMWhy ICE Is Allowed to Impersonate Law Enforcement“There's no accountability,” one expert tells WIRED of ICE’s ability to lie to the public. "The consequence of this is that it’s going to be a systemic harm across all law enforcement.”Photograph: Probal Rashid/Getty ImagesCommentLoaderSave StorySave this storyCommentLoaderSave StorySave this storyIn the early hours of February 26, agents from the Department of Homeland Security (DHS) arrived at Columbia University student housing. According to the school, the immigration officers told campus safety staff that they were police officers looking for a missing 5-year-old child. But once in the building, agents knocked on the dorm-room door of Elmina “Ellie” Aghayeva, a student from Azerbaijan. When her roommate opened the door, agents quickly detained Aghayeva.At 6:30 am, Aghayeva, a social media influencer with over 100,000 followers on both TikTok and Instagram, posted an image of her legs in the backseat of a car. She said she had been taken by Immigration and Customs Enforcement and needed help.Columbia’s policy is to not allow federal agents onto nonpublic areas of the campus without a judicial warrant. Most immigration arrests, however, are based on administrative warrants, which do not require a judge’s sign-off. So how had ICE gotten onto university property? In the hours after Aghayeva’s detention, as students and faculty rallied against DHS, it became clear: ICE had lied. And, as it turns out, that’s (mostly) legal.According to reporting from the Columbia Spectator, the immigration officers who arrested Aghayeva had not identified themselves as federal agents to campus security guards.This wasn’t exactly unusual. Experts who spoke to WIRED say that ICE has long been able to lie and even imitate other law enforcement agencies. But with more funding, arrest quotas, and less oversight than ever before, they worry that ICE could overstep its own legal guardrails—and mislead the public even more.At a protest that formed outside the university in the hours after Aghayeva’s arrest, hundreds of people gathered to express their frustration with the university and call for Aghayeva’s release.“If the university would actually train every single officer to know what to do, we might all be safer,” says Susan Witte, a professor of social work at Columbia’s School of Social Work who attended the protest. She told WIRED that some students and faculty had pushed the school to ensure that all staff were trained about how to handle ICE and law enforcement.But that kind of training doesn’t necessarily matter if ICE misrepresents itself. Sebastian Javendpoor, a graduate student who sits on the Arts and Sciences Student Council and attended the protest, says that while the school has told its campus security to only allow federal agents on campus with judicial warrants, “it doesn’t deter acts like this where DHS misleads the officer on duty. I would argue that DHS agents knew that public safety officers were not allowed to let them in with just an administrative warrant and thus misled them to gain access.”Aghayeva’s lawyer did not respond to a request for comment. According to recent posts on her Instagram, she is back at school and also back to posting content.Columbia’s acting president, Claire Shipman, has said that immigration officers identified themselves as police and that misleading university staff was a “breach of protocol.” DHS disagrees.“When our heroic law enforcement officers conduct operations, they clearly identify themselves as law enforcement,” DHS deputy assistant secretary Lauren Bis tells WIRED. “Regarding Elmina Aghayeva, the Homeland Security Investigators verbally identified themselves and visibly wore badges around their necks.”Lies—or “ruses”—like these have long been common. In 1993, Immigration and Naturalization Service, the predecessor to ICE, lured immigrants to an INS district office by telling them they were eligible for a one-time shot at amnesty for being in the country illegally and would be given work authorization. When an immigrant would arrive to collect their employment authorization cards, they’d be arrested and deported.“Those were all people that the government maintained had final orders of removal,” says Lenni Benson, a professor of immigration and human rights law at New York Law School. The choice of this strategy is due to, in part, the lack of a judicial warrant. Without one, officers are not able to enter into someone’s home without their permission thanks to protections offered by the Fourth Amendment.In the wake of the September 11, 2001, attacks, Benson says the newly formed DHS subjected student visas to increased scrutiny after it was revealed that some of the hijackers had entered the country on student visas. But the arrest of a student at her campus housing, says Benson, doesn’t seem to necessitate a ruse. “Why couldn't they just wait outside the building and wait if they know she lives there? Why did they lie to gain entry?” she says.In 2006, just three years after ICE was established, the agency circulated a memo titled “Use of Ruses in ICE Enforcement Operations,” written by Marcy Forman, former director for the office of investigations, and John Torres, former acting director of detention and removal operations, that outlined specific situations in which ruses are and aren’t allowed. “One main objective of a ruse is to prevent violators from fleeing and placing themselves, officers, and innocent bystanders in a potentially dangerous situation,” the memo notes. Even so, the memo adds that ICE officers are not allowed to claim to be part of an agency that deals with health or safety issues, like the Occupational Safety and Health Administration, without “Assistant Secretary pre-approval.”Though many law enforcement agencies use ruses, often in the form of undercover or sting operations, “it sounds like they were not observing any guardrails. They're just looking for the easiest way to get in and arrest someone,” says a former senior DHS official who spoke to WIRED on condition of anonymity for fear of retaliation. “Law enforcement is supposed to be hard. And there are rules for a reason.”The former official says that at the time they were with the agency, they participated in policy discussions about how to create rules governing the ways in which agents could use burner and fake accounts to view or interact with people on social media and in what circumstances they would need to identify themselves. “We spent a lot of time and a lot of dollars given to what is and is not appropriate, and if we were doing that just about someone's social media, going into someone's home is much higher stakes,” they say.In some cases, identifying as “police” is less about fooling people and more about ease of communication. “In general our policy has always been that it's better to say ‘police.’ It is such a generalized term that's recognized by different cultures,” says a former ICE officer who spoke to WIRED on the condition of anonymity for fear of retaliation. “We had a whole training back in the day by saying ‘ICE’ or even ‘federal agent’ could be jumbled when enacting an arrest.” The former agent claims that the agency’s attorneys approved of using the term “police” and noted that “even our vest sometimes says ‘Police ICE.’” The former agent says that ruses were largely considered allowable so long as they didn’t violate the rules outlined in the 2006 memo and other similar guidance.Annie Lai, director of the Immigrant and Racial Justice Solidarity Clinic at the UC Irvine School of Law, says that ruses like those used by ICE for Aghayeva’s arrest deprive people of their ability to consent to being searched. Because most ICE arrests don’t involve a judicial warrant, “they have to gain people's cooperation or permission to do what they want to do.” In such situations, she says, “there’s no real consent there.”Lai worked with the American Civil Liberties Union to bring a class action lawsuit against ICE for its use of deceptive practices to be able to enter people’s homes in California. As part of the ruling, a district judge ruled that ICE could not identify as local law enforcement and, if wearing vests displaying “police,” would also need to display “ICE” in letters of the same size.Lai says that most Americans likely don’t think that interacting with “police” could mean they’re dealing with ICE. “Everyday understanding of that term is NYPD or another police or a local police agency or a state police agency, that people interact with on a more regular basis, not necessarily federal agents."This appears to have been what happened at Columbia, where campus security, despite being trained not to let ICE into buildings without a judicial warrant, did not anticipate that the “police” trying to enter the dorm might be immigration authorities. In response to a request for comment, Columbia spokesperson Kimberly Winston referred WIRED to a series of public statements detailing ways the university is updating its security protocols. “Personnel with a frontline role at our campus gates and at apartment buildings and residence halls have received additional trainings to reinforce access procedures and ensure they are confident and able to act in accordance with University protocols regarding law enforcement access,” the statement reads. The university also says that it has increased campus security patrols and plans to outfit all buildings without door attendants with video intercom systems by June 2026.The former DHS official says that if ICE officers did indeed present themselves as NYPD, this could violate laws that prohibit impersonating an officer. “I would think that would apply whether or not you are a different type of officer,” they say. “You still can't impersonate an officer pretending to be one type of officer when you're not.”Lai says that if ICE agents had planned to impersonate the NYPD, they would have needed to alert the department ahead of time. ( Bis, the deputy assistant secretary at DHS, says, “They did NOT and would not identify themselves as NYPD.” NYPD did not respond to a request for comment.)But Benson worries that ICE’s deceptive tactics are becoming more common. “Part of it is they’re not being managed,” she says. “There's no accountability. And what the consequence of this is that it's going to be a systemic harm across all law enforcement.”CommentsBack to topTriangleYou Might Also LikeIn your inbox: Upgrade your life with WIRED-tested gearNvidia plans to launch an open-source AI agent platformBig Story: He built the Epstein database—it consumed his lifeShould you leave your phone charging overnight?Watch: How right wing influencers infiltrated the governmentVittoria Elliott is a reporter for WIRED, covering platforms and power. She was previously a reporter at Rest of World, where she covered disinformation and labor in markets outside the US and Western Europe. She has worked with The New Humanitarian, Al Jazeera, and ProPublica. She is a graduate of ... 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ICE’s operational tactics, particularly its utilization of deception and misrepresentation, have raised significant concerns regarding accountability and potential systemic harm. According to reporting by the Columbia Spectator, ICE agents, such as those involved in the detention of Elmina Aghayeva, have been documented engaging in behaviors that constitute falsehoods, specifically by falsely identifying themselves as police officers to campus security personnel. This action circumvented established protocols at Columbia University, which dictate that federal agents must possess a judicial warrant to access non-public areas of campus. Sebastian Javendpoor, a Columbia student, explicitly articulated this concern, stating that DHS agents were aware of the university’s established procedures yet deliberately disregarded them to gain access.

The issue extends beyond a single incident, as evidenced by Lenni Benson, a professor of immigration and human rights law, who pointed to a 1993 INS practice of employing misleading tactics – presenting themselves as offering amnesty to undocumented immigrants – to coerce individuals into arrest. Benson underscores the lack of a judicial warrant as a key factor, enabling ICE to apprehend individuals without due process protections afforded by the Fourth Amendment. This history demonstrates a sustained pattern of deceptive behavior within the agency.

Furthermore, the agency’s documented utilization of a 2006 memo, “Use of Ruses in ICE Enforcement Operations,” outlining permissible deceptive strategies, highlights a deliberate authorization for such practices. The memo explicitly acknowledges the objective of preventing flight by violators and protecting officers and bystanders, but simultaneously permits officers to claim affiliation with non-immigration entities, such as the Occupational Safety and Health Administration, without prior Assistant Secretary approval. A former senior DHS official, speaking anonymously, characterized ICE’s actions as “not observing any guardrails,” emphasizing a prioritization of ease of access over adherence to established rules and protocols. This former official further noted that the agency invested considerable resources in defining acceptable practices, yet the use of ruses persisted.

Annie Lai, director of the Immigrant and Racial Justice Solidarity Clinic at UC Irvine, highlights the fundamental implications of consent. Since most ICE arrests lack judicial warrants, agents must rely on either cooperation or permission to conduct their actions. In these circumstances, she argues, “there’s no real consent there.” This underscores a potential violation of civil liberties inherent in the agency’s operational methods.

The apparent reliance on misleading identities, such as impersonating the NYPD, raises further legal concerns, potentially violating laws prohibiting unauthorized impersonation of law enforcement officers. While a DHS spokesperson asserted that agents clearly identified themselves as law enforcement and displayed badges, the fact remains that the agents initially misrepresented their affiliation to gain access.

Ultimately, Susan Witte, a professor of social work at Columbia, believes that this situation exposes the need for comprehensive training among campus staff regarding ICE and law enforcement interactions. The systemic issues surrounding ICE’s credibility and its willingness to bend established protocols have prompted calls for enhanced preparedness and stricter oversight, highlighting the potential for continued systemic harm if these concerns are not addressed. The case underscores a broader challenge regarding accountability and transparency within the agency’s enforcement practices.