Things That Matter

Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

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Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

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For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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Smugglers Are Tagging U.S.-Bound Migrants With Color Coded Wristbands And Here’s Why

Things That Matter

Smugglers Are Tagging U.S.-Bound Migrants With Color Coded Wristbands And Here’s Why

WENDELL ESCOTO/AFP via Getty Images

As the United States experiences a so-called surge of people attempting to enter the U.S., human traffickers and smugglers are working double time as they try to capitalize on the increased movements.

Cartels and human traffickers have long run their smuggling operations like a legitimate business but they’ve only got more advanced in how they move people across the border region and one key tool: color-coded bracelets. These bracelets almost act as passports for migrants to safely cross a cartel’s territory without interference or threats of violence. But what do these bracelets mean and how are they fueling the problem of human trafficking?

Plastic bracelets are being used by cartels to identify migrants in their territory. 

U.S. border agents carried out nearly 100,000 apprehensions or rapid expulsions of migrants at the U.S.-Mexico border in February, which is the highest monthly total since mid-2019. With the increase in people attempting to cross the U.S.-Mexico border, cartels are managing this migration of people over their territory and trying to make money off the humanitarian crisis. 

Many cartels have implemented a color-coded bracelet system that identifies those migrants who have paid for permission to cross their territory. In the Rio Grande Valley sector, Border Patrol agents have recently encountered immigrants wearing the bracelets during several apprehensions, Matthew Dyman, a spokesman for U.S. Customs and Border Protection, told Reuters.

The “information on the bracelets represents a multitude of data that is used by smuggling organizations, such as payment status or affiliation with smuggling groups,” Dyman said.

The color-coded system isn’t totally understood.

Credit: ED JONES/AFP via Getty Images

Migrants can pay thousands of dollars for the journey to the United States and human smugglers have to pay off drug cartels to move people through parts of Mexico. This is a money-making operation and cartels want to pay close attention to who has paid. The bracelets may just be a new way to keep track.

Criminal groups operating in northern Mexico, however, have long used systems to log which migrants have already paid for the right to be in gang-controlled territory, as well as for the right to cross the border into the United States, according to migration experts. In fact, in 2019, smugglers kept tabs on rapidly arriving Central American migrants by double checking the names and IDs of migrants before they got off the bus to make sure they had paid. 

One man, a migrant in Reynosa – across the border from McAllen, Texas – who declined to give his name for fear of retaliation, showed Reuters a picture of a purple wristband he was wearing. He told them that he had paid $500 to a criminal group in the city after he arrived from Honduras to ensure that he wasn’t kidnapped or extorted. He said once migrants or their smugglers have paid for the right to cross the river, which is also controlled by criminal groups, they receive another bracelet.

“This way we’re not in danger, neither us nor the ‘coyote,’” he told Reuters.

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Despite Promises, President Biden Looks To Reopen A Child Migrant Center Facing Sexual Assault Allegations

Things That Matter

Despite Promises, President Biden Looks To Reopen A Child Migrant Center Facing Sexual Assault Allegations

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Since taking office in January, President Biden has been hard at work addressing everything from the nation’s COVID vaccine program and economic response to comprehensive immigration reform. However, several of his planned changes have hit major roadblocks as federal judges (many appointed by Trump) strike down his new policies.

But despite much of his administration’s progress on issues that affect the Latino and immigration communities, the administration is seriously considering reopening one of the country’s largest child migrant detention centers.

The Biden administration looks to reopen the Homestead facility for children.

The Biden administration is facing a sharp increase of unaccompanied child migrants arriving at the US-Mexico border and they’re considering reopening one of the nation’s most controversial detention centers.

The Miami Herald reported that the feds might reopen the Homestead site under the name Biscayne Influx Care Facility, an announcement that has caused outrage among advocates working towards ending the detention of children altogether.

“That place has a history of all kinds of abuse and profiting off the lock-up of children,” said Lis-Marie Alvarado, program director of the Miami-based organization American Friends Service Committee (AFSC), which led the call for Homestead’s closure in 2019. A move to reopen the facility is “appalling and a slap to our faces,” she said.

The center has a troubling history of sexual assault allegations.

The facility was in the news in 2019 following shocking allegations of sexual abuse and prison-like conditions, which drew the condemnation of several Democratic candidates for president, including current Vice President Kamala Harris.

Detaining children, particularly in such dire conditions, “is a human rights abuse being committed by the United States government,” she told a small crowd. Harris later described seeing “children lined up like prisoners” as heartbreaking. 

Homestead first opened as a temporary shelter in 2016 under President Barack Obama, closed the following year, and was reactivated in 2018. Between March 2018 and August 2019, it housed more than 14,300 unaccompanied minors ranging from 13 to 17 years old, including dozens who had been torn from their parents under Trump’s policy of separating families. The average length of stay in the facility was 52 days by March 2019, with some minors spending almost four times as long.

The hypocrisy of the administration is truly frustrating.

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In June 2019, then-Senator Kamala Harris (and candidate for president) visited the Homestead facility demanding that it be shut down. She, along with several other Democratic lawmakers, joined a series of rallies at the center to denounce Trump’s cruel immigration policies. The facility was subsequently shut down just a month later after mounting public pressure.

But now, a year and half later, the facility might be reopened under the Biden-Harris administration.

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