Immigration

Report: ICE Broke the Law and Agency Rules!

Published July 22, 2009 @ 10:20AM PT

The New York Times reports:

Armed federal immigration agents have illegally pushed and shoved their way into homes in New York and New Jersey in hundreds of predawn raids that violated their own agency rules as well as the Constitution, according to a study to be released on Wednesday by the Benjamin N. Cardozo School of Law.

The study by the school’s Immigration Justice Law Clinic, backed by several law enforcement experts including Nassau County’s police commissioner, found a widespread pattern of misconduct by agents from Immigration and Customs Enforcement after analyzing 700 arrest reports obtained from the agency through Freedom of Information lawsuits.

The raids were supposed to focus on dangerous criminals, but overwhelmingly netted Latinos with civil immigration violations who happened to be present, the study said. Raiders mistakenly held legal residents and citizens by force in their own homes while agents rummaged through drawers seeking incriminating documents, the report said.

Acting without judicial search warrants, the agents were required to obtain informed consent from a resident before they entered a private residence. But the study found that in 86 percent of the Nassau and Suffolk County arrest reports that it analyzed, and a quarter of the New Jersey cases, no consent was recorded.

The full report is here. The pattern of misconduct cited involves:

• ICE agents illegally entering homes without legal authority – for example, physically pushing or breaking their way into private residences.
• ICE agents illegally seizing non-target individuals during home raid operations – for example, seizing innocent people in their bedrooms without any basis.
• ICE agents illegally searching homes without legal authority – for example, breaking down locked doors inside homes.
• ICE agents illegally seizing individuals based solely on racial or ethnic appearance or on limited English proficiency.

And we thought this was all about 'upholding the law of the land.'

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Comments (30)

  1. William Brown

    I've never really liked this, but the fact is, Federal Authorities have the right to search vehicles and homes without a warrant within 100 miles of our borders, and this includes maritime borders. Also, this applies to citizens and non-citizens alike. The same laws and rights that we are taught about as far as unlawful search and seizure and requiring warrant don't apply to the Feds in border area. This would include all of the eastern and wester seaboard and our land borders north and south as well. Entire states fall under this rule (Hawaii, RI, Conn.) and major cities like New York and LA.

    Officials below the federal level are still bound by the need for warrants.

    I've been crossing our southern border regularly for over 20 years and have been aware of this for years. Of course, not having these constraints can and does lead to abuses that I have personally endured and experienced myself, but unless congress makes a change, or the courts rule this unlawful, then it is in error to say it is illegal.

    Most Americans don't know about this because they don't deal with this.

    Posted by William Brown on 07/22/2009 @ 07:26PM PT

  2. William Brown

    In a follow up to my above comment, I do believe that there should be greater accountability for Federal Agents, but that would have to be put into effect by executive order or by congress reforming the law.

    More Americans need to understand that if you are within 100 miles of any US boundary, you, your house and your vehicle may be searched without probable cause and no explanation. They can and do dismantle US Citizens cars and tear apart there houses under the guise of looking for drugs, illegal immigrants etc...

    I live near the border and this happens more often than people think.

    In 2004, my wife, who is a naturalized US citizen from Mexico was detained for over a day once in El Paso, Tx when returning from a visit in Mexico with no phone call on suspicion that she kidnapped our kids. Basically our kids look like me even though she is their natural Mother the agent at the border decided to detain her. They demanded that she prove her citizenship. I wasn't called for over 5 hours after she was detained and had to rush down there to ID my kids, show birth certificates and they still didn't release her until the next morning citing "paperwork".

    I consulted my lawyer on all of this and according to him, DHS had not violated the law and they could have held her for much longer (a US citizen) on suspicion only.

    Americans need to realize that they don't have as much freedom as they think.

    We need border security, but I think that the agents have entirely too much power.

    Posted by William Brown on 07/23/2009 @ 12:13AM PT

  3. Reply to thread
  4. Gary Stein

     

     

    Punch drunk independent candidate for Governor of New Jersey discovers pro-immigration blog 7/22/09.  I’m so tired folks; I’ve been hounding the bee Jesus out of anyone with an e-mail account for 2 long years.  I’m punchy so is it too much to ask  anyone to click on my other threads to get up to speed, and also go to the gov’s new- still under construction web site-  http://steinforgovernor.com    Concerning ICE and their shenanigans, please go to http://www.theyokelnews.com/Past_Issues.html    The latter one is not real smooth, a friend in Phoenix did the posting and I was lucky if I had even one chance to ask him to correct.  I’m no writer for sure but hope Gov. web site will be better.  Either way a little guy is trying to make a difference; at great detriment to his home life may I add.  Thanks

     

    Posted by Gary Stein on 07/23/2009 @ 06:30AM PT

  5. The raids were supposed to focus on dangerous criminals, but overwhelmingly netted Latinos with civil immigration violations who happened to be present, the study said.

    It is really distressing that this is going on under the Obama administration. When did our government start behaving like SS stormtroopers?  Oh right, it was under the Bush administration. This tactic of terrorizing immigrants was supposed to stop under Obama's watch, yet the government is still targeting immigrants who commit minor civil violations (i.e. traffic violations, etc.). What is to distinguish Obama from the Bush administration.  This is notthe "change" we can believe in.

    Posted by a d on 07/23/2009 @ 03:51PM PT

  6. Mark  Lindley

    ICE is obligated to go after "all" immigration violaters according to our laws and their sworn duties.

    Posted by Mark Lindley on 07/24/2009 @ 03:51PM PT

  7. Gary Stein

    Interesting way to keep in touch on this blog- you get e-mails.

    I sort of aligned myself with you this morning in a response I wrote to Analisa in a different story.  I’m starting to wonder about you though?  You're starting to sound like a robot.

     

     

    Posted by Gary Stein on 07/24/2009 @ 06:31PM PT

  8. Wire Paladin

    Gary, you've been sounding like a moron yourself on this blog, I must admit.

    Posted by Wire Paladin on 07/30/2009 @ 03:42AM PT

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  9. Gary Stein

     

     

    My first guess was one of the scum from High Noon.  Have Gun Will Travel, that’s novel, I see as a full fledged professor(????) you can relate to your boy’s  rich education; and infallible ability to relate ancient antecedents to his current situations. When the enemy was surrounding him, Paladin could usually make some insightful quip about General Marcellus and the siege of Syracuse or something similar,

     

    Posted by Gary Stein on 07/30/2009 @ 04:31AM PT

  10. Reply to thread
  11. Brittney Benedict

    ICE took my fiancee away from me and our unborn baby. It's the first for the both of us, we're so excited to be parents. Everyone knows that a baby is a job for a mother and a father, however, knowing he had a baby on the way, immigration took him anyways. This is just not right. So now I have 2 weeks left until my due date, and he cannot be here. He wants to, but cannot. And is thousands of miles away. And there's nothing we can do?!

    Posted by Brittney Benedict on 07/25/2009 @ 05:32PM PT

  12. Wire Paladin

    What's his character like?  Is he dependable, responsible?

    Posted by Wire Paladin on 07/30/2009 @ 03:41AM PT

  13. Gary Stein

    "What's his character like?  Is he dependable, responsible?"

    Who's asking you or your "character?"  Gentleman or gunfighter

    Posted by Gary Stein on 07/30/2009 @ 04:33AM PT

  14. Reply to thread
  15. Liquids Reign

    Whats the matter Dave? Am I that much of a threat to you that you go and delete my comments? William Brown said the same as I did, yet you delete me, hysterical. That's OK though Dave, we both know how things will end, so keep on advocating for that "change" you voted for.

    Posted by Liquids Reign on 07/30/2009 @ 07:15AM PT

  16. Gary Stein

    I'm still waiting for Dave's response to my invitation to go to Mexico with me.

    ...and I vehemently reject the idea that anyone’s comments should be deleted.  I put up with that nonsense on the Daily Kos.  I reserve judgment on whether your comment was censored, maybe someone is mistaken.  It’s a sterile blog when there is no “diversity”of opinion.

     

    Posted by Gary Stein on 07/30/2009 @ 07:43AM PT

  17. Liquids Reign

    Actually Gary, Dave deletes anything that he deems threatening to his cause. My deleted comments stated nothing more than what William Browns comments said, only mine were much shorter. You have also already seen how Dave likes to remove the vowels from comments he deems threatening to his arguments. You will note many in here as being called and labeled restrictionists and other names simply for disagreeing with the premise of those who advocate for "change". They don't want opposing views, and rarely will they answer a question of unmitigated circumstance.

    Posted by Liquids Reign on 07/30/2009 @ 08:15AM PT

  18. Gary Stein

     

    oh brother, I saw that vowel thing and I asked Mr. Lindley (who it happened to)  if he was getting screwed by writing his comments in WORD and transferring.   Everything is an education!!!!!!   Dave could learn a little if he’d accompany me to Mexico.  I don’t know why he hasn’t responded, probably thinks I’m too off the wall.  Does that frickin matter?  Does he think he’s endorsing me for Governor if he goes?  Get what he needs to get out of it, and we’ll part company, he’ll worry about himself, I’ll worry about  myself, but first we got to get that one reporter to come along.  Doesn’t anyone have any p.r. savvy?  I don’t think so if comments get deleted or are tampered with.  I forward some of this to people in the media, what better way to get publicity and the sights visibility up Dave.  Don’t muck with it, Jesus Christopher, it’s no wonder there’s never any REAL CHANGE!

    Posted by Gary Stein on 07/30/2009 @ 08:43AM PT

  19. Gary Stein

    Here's something from the Wall Street Journal 7/27/09

    Heavy-oil supplies from Mexico, another big oil producer, are also less plentiful because of aging fields and lack of investment.  Mexican production of heavy crude dropped 15%......

    SHOVEL READY like I said when i proposed bartering some of our engineering know how and capital equipment for their oil.  And the "klunkers" they're riding around in- just think how we're offering $4500 dollars to take ours off the road (Mr. Gore)

    And when the price of gasoline dropped precipitously last year guess where it didn't drop.  Of course Beto is there to answer all mine or your questions concerning the economy (Dave) while we're having a good time swimming at this one resort, world class, but down some filthy disgusting side road with hardly any visitors.  Could be Ron Ely, former TArzan likes it that way.  Quiet that is.

    Posted by Gary Stein on 07/30/2009 @ 09:08AM PT

  20. Liquids Reign

    I agree in the notion that Mexico must fix itself, with help from us if needed, the problem lies within their own Government. The people are the ones voting them in and allowing the corruption to continue, the people also need to be the ones to vote them out, or quit simply out them all. The one problem I see in all this is that in the metro areas throughout Mexico and Latin America the people are no different then our people, they have jobs, they consume, etc. The problem is the people living in the mountains or smaller type tribal communities. They are shunned by the metro areas, the government, and the remaining peoples. Mexico is not a welfare state helping its people, thus the biggest difference between the USA and Mexico and most Latin American countries.Mexico's oil fields should supply its people the necessities they need to prevent the migration north. If Mexico and Latin America fix their problems or if we are allowed to help in a positive manner, they can keep their peoples at home.

    Posted by Liquids Reign on 07/30/2009 @ 03:56PM PT

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  21. Dave Bennion

    Gary I appreciate your passion but there are ways to persuade people without alienating them.

    Also you are free to moderate comment threads on your websites as you wish, as I am to on mine.  We have retreaded this ground many times before you ever came to the site.

    Posted by Dave Bennion on 07/30/2009 @ 08:34PM PT

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  22. Dave Bennion

    Liquid I agree more with your most recent comment than perhaps any other you've posted on this blog.  The ideal outcome is for people to migrate not because they have to but because they want to, which I do not believe is currently the case for most migrants.  Or not to migrate at all, which is what most people would prefer in their own lives.

    Posted by Dave Bennion on 07/30/2009 @ 09:07PM PT

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  23. Gary Stein

    Last point first, why does it apply to Mr. Lindley and as for that other person, what's one or two holocaust deniers?   I'm Jewish I can take it!

    Please, don't you see?  Even though we have different approaches, I believe we're at a point we need to shake things up, hence using the word "illegals" at the same time my still being on the "undocumenteds" side i.e., amnesty, secure border, boycott the bastards in Mexico.  Strike at the government, the people are great- they deserve a country they can stay and make a living in.  I could be a valuable tool! (don't forget I'm entitled to a 500 word essay to be sent to all NJ voters)

    I will also check out Mr. Liquid further, so far he and I are on friendly terms, but while we're on the subject, this "shibboleth," this "undocumented alien" euphemism from the left, it reminds me of the Jews in Germany in the mid 30's saying lets not draw too much attention, work quietly...

    Let's talk about it on the plane down to Mexico City, assuming we find a Philadelphia Inquirer reporter who'll join us.  I've given up on the Times.

    Posted by Gary Stein on 07/31/2009 @ 06:05AM PT

  24. Gary Stein

    I see there is now way to reply directly under "liquid"

    And Dave you don't see the connection between you agreeing "with most of his recent comment" and me, the middle grounder showing up last week on this site?

    Posted by Gary Stein on 07/31/2009 @ 06:09AM PT

  25. Liquids Reign

    Then maybe you should listen more Dave vs deleting, open your mind to others views and quit the sterotyping of my position and my views and those whose views you don't agree with. Maybe you should use better words in your topic headlines and your topics. Quit blurring the lines and start clearing them with honest topics and try asking questions in them vs making statements that aren't 100% true.

    I suggest we send Sarah Palin to Mexico, maybe she could work a deal like she did in Alaska with the oil there. Just a thought, one of many.

    Posted by Liquids Reign on 07/31/2009 @ 06:56AM PT

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  26. Gary Stein

    I liked your comment, especially "just a thought, one of many." 

    Liquid I'll be right back.  Got to go retrieve something i wrote in the Daily Kos.  You would have been banned there right off the bat, I lasted a little while longer.  They don't know it but I'm coming back with a 4th, 5th and 6th name if need be.

    Posted by Gary Stein on 07/31/2009 @ 07:09AM PT

  27. Gary Stein

    Liquid I'm back.... obviously.

    ….I ended another diary last week; 08 Stick a Fork in Me , with the thread, "Why don’t Israeli’s sell 80% of their land back to these maniacs, keep 20% for their own fanatics, including Jerusalem, and move to Mexico and fix the infrastructure?  Just a fantasy, but what the hell is going to happen there eventually?  Up mine sideways!"

      I’d like to expand on that, please.  Mossad can clean out the cartel infiltrators in the Felipe Calderon cabinet, the Jewish Defense Forces can conquer the actual cartels near the border, and Air Mexico can inaugurate a new service to Palm Beach, Florida.
      Only someone Jewish and with my history in the Hispanic community could say something so ironic (truthful?) and ridiculous, and not be accused of being anti-semetic, anti-Zionist etc, etc…….

    http://www.dailykos.com/story/2009/1/6/680999/--I-crave-feedback.-I-introduce-Israel-into-my-Hispanic-immigration-debate

    I hadn't re-read that in 6 months, but for everybody out there, all 6 of us, the diary includes Beto's adventures trying to cross the border. 

    What about it Dave?  Let's get on a plane.

    Posted by Gary Stein on 07/31/2009 @ 07:24AM PT

  28. Gary Stein

    Liquid here's a retraction twice

    "noted.  This is the internet, anything goes and retractions are painless.  anyway I think these last 2 threads by you are from before you and i commented back and forth in another story?"

    Posted by Gary Stein on 07/31/2009 @ 07:50AM PT

    Posted by Gary Stein on 07/31/2009 @ 07:56AM PT

  29. Liquids Reign

    Sounds to me like you like Ron White, the comedian, he pretty much says the same thing in his Seattle show.

    Posted by Liquids Reign on 07/31/2009 @ 08:05AM PT

  30. Gary Stein

    Liquid have to hit the road but I'll try checking in from some library on way to PA.  I'm addicted.  never heard of Ron White though.

    Posted by Gary Stein on 07/31/2009 @ 08:26AM PT

  31. Dave Bennion

    I wonder how your friend Beto liked being called an "illegal" while he was here.  Did you ever call him that to his face?  I don't doubt your friendship, I just doubt that you would have said that to him directly.

    this "undocumented alien" euphemism from the left, it reminds me of the Jews in Germany in the mid 30's saying lets not draw too much attention, work quietly

    That's a gross misreading and doesn't actually make sense ... did the Jews in 1930s Germany refer to themselves by whatever epithets were in use at the time among "pure" Germans?  That's the distinction we're talking about.  Yes, some communities have appropriated epithets previously used against them, but that's not been done to my knowledge with the word "illegal" and you're not part of that community anyway.

    Posted by Dave Bennion on 08/01/2009 @ 12:18PM PT

  32. Gary Stein

    obviously no analogy is perfect but I was definately not talking about words concerning Germany- 1930's, but about actions when I said in "working quietly."  But soft language, in our case, 2009, like using "undocumented alien" trying not to upset anyone.  Dave the other side laughs at that and they're not going away soon.

    Dave please listen up, nobody is even reading what the others in this group say in total, and what are there, about 7 or 8 people contributing to this dialogue?  In another thread some where, and it’s hard to to keep track of your own comments on this blog let alone someone else’s but you do get an e-mail or do you rush through them- I SAID IN ONE THREAD THAT THE TERM “ILLEGAL ALIEN’ DOES HAVE A NASTY CONNOTATION TO IT, YOU DIDN’T SEE THAT ONE.  WHY DON’T YOU GET TOGETHER WITH ME, I LIVE CLOSE TO PHILADELPHIA, PA. WILL BE THERE MONDAY AGAIN,  I’M A CANDIDATE FOR GOVERNOR AND YOU NEED TO GO TO MEXICO WITH ME.  Actually want to develop that idea more, but I just got home from Pa, and yes I  went right through PHILADELPHIA, strike one.  Monday is going to be another strike isn't it?  We could have one beer together , a beer summit.  IT’S BETTER THAN WAITING 3 DAYS FOR YOUR 3 SENTENCE RESPONSES TO US.  US,  me, Hillory, Mr. Lindley, Liquid, and some one new who also seems to be disgusted with the left.  Maybe someone talking REALISTICALLY like I do might help your cause (and mine).  If every illegal was “documented” we’d have an EXACT COUNT and then what??????????????????

     

    my friend Berto or Beto, I liked to call him Bobby….this is funny,  for years I sometimes called him Robert.  I never thought to ask him until I visited him in Mexico, I think the fourth and last time, if he knew Bobby was slang for Robert.  Of course he didn’t.  This is why you need to go there, you need chops in the community, I laughed when I read your comment wondering how Beto would feel about me calling the “undocumenteds” illegals.  Can anyone guess why I laughed?  It’s not hard.

    http://www.youtube.com/watch?v=wfZes9fFmXc

    Posted by Gary Stein on 08/01/2009 @ 05:07PM PT

  33. Reply to thread
  34. Mark  Lindley

    I agree and as long as Mexicans won't take a stand in their own country and the Mexican government refuses to change, why should we be their scapegoats?

    Posted by Mark Lindley on 07/30/2009 @ 04:32PM PT

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Prerna Lal

Prerna obtained her Masters degree in International Relations in 2007 and took a hiatus from academia. During this break, she co-founded DreamActivist.org and helped launch a program for immigrant youth in the Bay Area (S4FC). Currently, she is also a Managing Editor at The Sanctuary. Views expressed on this blog are her own and not that of any organization currently affiliated with her. Contact email - prerna@change.org

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