Hilton Follows Chicago in Banning ICE - As Predicted

WASHINGTON - EntSun -- A number of Hilton hotels are reportedly refusing to rent rooms to ICE agents; expanding a movement which originated in Chicago as I had predicted, notes public interest law professor John Banzhaf.

More than a month ago the activist legal scholar provided a legal analysis explaining that a private business could ban immigration enforcement agents from their place of business simply by posting signs: . .

Here's what Prof Banzhaf wrote early in November about efforts by restaurants and other businesses which decide to fight back. . . .

At least with regard to home owners, the law seems clear.  In the absence of a warrant signed by a judge, a home owner is not required to permit federal agents to enter his home, even if the agents have an administrative warrant.

It would seem to be the same with regard to other private entities.

So a business may be able to legally bar federal agents, even from areas generally open to the public, especially if there is a reasonable purpose for doing so other than simply antipathy to immigration law enforcement.

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So it would seem that if a restaurant or other private business posted prominent signs prohibiting entry by ICE agents, the entire restaurant would - just as in all the examples above - no longer be a place where "the general public can go," but rather a place of business to which access is legally prohibited to some (e.g. to ICE agents, just as in the situations noted above).

Given all this, it should not be surprising that, as Banzhaf predicted, some restaurants in Chicago have already begun posting signs which read "Everyone is Welcome Here, Except I.C.E."  So far as we know, the signs seem to be effective, he says. . .

If not, any arrests or other detentions which may occur could be challenged in court since they were accomplished only through illegal trespass by ICE, suggests Banzhaf.

So although many people might disagree with the decision by some restaurants and other businesses - and now apparently including some hotels - to bar (or at least not to serve) ICE agents, the tactic would appear to be legal, concludes Banzhaf.

jbanzhaf3ATgmail.com @profbanzhaf