HBPA Alert: What If ICE Shows Up?

In light of the deeply concerning and unacceptable ICE raid that took place at Delta Downs during their Quarter Horse meet on Tuesday, June 17th, I am issuing the following guidance for consideration to all HBPA-affiliated racetracks, training centers, and backside operations nationwide.

No ICE agent, nor any individual representing Immigration and Customs Enforcement (ICE), should be permitted access to the backside of a racetrack, or any area under HBPA affiliate oversight, without the presentation of a valid, judicially-approved warrant signed by a federal judge or magistrate.

A simple administrative or agency-issued “warrant” (such as ICE Form I-200 or I-205) is not legally sufficient to authorize entry into non-public, private areas such as stable areas, dormitories, barns, or tack rooms. This is well-established under the Fourth Amendment to the United States Constitution, which protects against unlawful searches and seizures without proper judicial authorization.

Additionally, please note:

• Racetrack security, backside gate personnel, and all facility management must not grant ICE agents entry based solely on request or agency credentials.
• Entry is to be denied unless a search or arrest warrant, signed by an Article III judge or magistrate, is physically presented and its scope reviewed.
• If ICE personnel appear requesting access without such a warrant, they are to be politely informed that no entry will be granted without judicial approval.
• Immediately notify your local HBPA counsel and the National HBPA office of any such encounter.

We must urge racetrack management and security staff must not be complicit in allowing unchecked access to the stable areas. To do so could potentially violate the constitutional rights of workers and other individuals present, expose the racetrack and its operators to liability, and compromise the care and welfare of the horses in their charge.

The backside is considered a non-public, restricted agricultural workplace. Entry without judicial authorization violates both worker protections and private property rights.

We urge this suggestion to be adopted across all HBPA-affiliated facilities to prevent any repeat of the shocking and disruptive events seen at Delta Downs.

Should any agent present such a warrant, it must be carefully reviewed by legal counsel before allowing access. If there is any doubt, contact National HBPA or your affiliate general counsel.

Your strict adherence to this policy is essential to protect the rights of our backside workers, the integrity of our operations, and the welfare of the horses under our care.

— Eric Hamelback, CEO, National HBPA