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.

Credit: Eric Risberg / Getty Images

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.

Credit: Joseph Sohm / Getty Images

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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ICE Admits It Made A Mistake In Deporting This Guatemalan Man So Why Hasn’t He Been Brought Back?

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ICE Admits It Made A Mistake In Deporting This Guatemalan Man So Why Hasn’t He Been Brought Back?

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Although the Coronavirus pandemic poses special risks to migrants who are returned to their countries – as well as the communities they’re put back into – U.S. Immigration and Customs Enforcement (ICE) continues to deport migrants by the thousands.

There have been several reports of deportees spreading Covid-19 back in their communities after being removed from the U.S., which makes sense considering the U.S. is leading the world in Covid-19 infections.

However, ICE has admitted that they made a mistake with one recent deportation, when they removed a man who was legally awaiting his asylum process.

A Guatemalan man was wrongfully deported and ICE admits it was their mistake.

A 29-year-old Guatemalan man seeking asylum in the U.S. was mistakenly deported by authorities despite the lack of a deportation order – and worse, before he even had his first appointment in immigration court.

César Marroquín was deported August 19 – the same day he he was supposed to appear for the first time before an immigration judge. Instead, he was sent back to Guatemala – with dozens of other deportees – the country from which he fled after being the victim of aggression and kidnapping, according to his account.

“They told me that if I didn’t get on the plane, I’d be charged,” Marroquín told Noticias Telemundo. “There was some mistake with me in the system.”

His current attorney, Marty Rosenbluth, believes it is a flagrant error. “I’ve seen quite a few cases of people who were deported in error. I’ve never seen one quite like this where they were deported even before their first hearing, “ he told NBC News.

The Immigration and Customs Enforcement agency, or ICE, said in a statement that Marroquín’s deportation was due to an “administrative error” while his case was still open.

Despite their mistake, Marroquín remains in Guatemala.

Although the mistake lay completely with U.S. ICE agents, Marroquín remains in his native Guatemala at risk of further persecution.

According to Marroquín’s official complaint filed in Guatemala, he said he suffered political persecution and physical violence after he supported a local politician and turned down a request to work with a rival one. After that, he said he was threatened and his home was damaged and raided; he also suspects someone tampered with his car. Marroquín said he was then kidnapped at gunpoint, tortured for several days and then left on the side of the road. He decided to leave the country after that and sought asylum protections in the United States.

The authorities and Marroquín’s attorney are now working on his readmission to the United States.

“This type of gross negligence is completely inexcusable,” said Rosenbluth, his current attorney. “The law is very, very clear that they can’t deport someone in the middle of their immigration court proceedings. They’re just not allowed to do it.”

Of course, not surprisingly, this isn’t the first time the immigration agency has made a mistake in deportations.

In 2018, ICE made a similar mistake with an undocumented inmate at a New Hampshire jail. ICE agents violated an appeals court order and deported the man back to El Salvador, where he lost 60 pounds and was subject to starvation, beatings, and overcrowding, according to the American Civil Liberties Union-New Hampshire, which represents the man.

“This is a very serious matter to us,” said Scott Grant Stewart, a deputy assistant U.S. attorney general, who appeared before a three-judge panel to explain the error. “We’re sorry for the violation of the court’s order. This was inadvertent. We do acknowledge the error.”

In fact, there are thousands of documented cases of U.S. citizens being deported by ICE.

According to a Northwestern University political scientist, Jacqueline Stevens, more than 1,500 U.S. citizens have spent time in immigration detention or even been deported between 2007 and 2015. More recent examples abound of the U.S. government detaining citizens after falsely accusing them of breaking immigration laws.

ICE authorities reportedly detained for three days Jilmar Ramos-Gomez, a veteran born in Grand Rapids, Michigan who served with the Marines in Afghanistan, in 2018 because the agency did not believe he was born here.

ICE also detained for more than three weeks a man named Peter Brown who was born in Philadelphia and lived in the Florida Keys in 2018 because the agency confused him with an undocumented Jamaican immigrant – who was also named Peter Brown.

In 2007, the government settled a lawsuit arising from ICE’s detention of 6-year-old Kebin Reyes. ICE detained the California-born child for 10 hours when it picked up his undocumented father, even though his father immediately handed the authorities Reyes’ U.S. passport to prove the boy’s citizenship. And Justice Department records obtained by the Los Angeles Times indicate that a 10-year-old boy from San Francisco was mistakenly held in immigration detention in Texas for two months, according to his lawyer.

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ICE Says They Rescued A Mother And Her Newborn But Then They Turned Around And Separated Them

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ICE Says They Rescued A Mother And Her Newborn But Then They Turned Around And Separated Them

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The U.S. Immigration and Customs Enforcement (ICE) agency had recently released a story about how border agents had ‘rescued’ a woman and her newborn baby in the middle of the Texas desert. In their release, they detailed how the pair were provided with immediate medical treatment, however, they failed to mention that the mother was immediately separated from her newborn.

As the case gains more attention, immigration advocates and legal officials are coming forward with new details in the woman’s case and it’s helping to paint a very different picture from the one given by border officials.

New details are emerging after ICE said they had ‘rescued’ a woman in labor.

An entirely new picture is emerging regarding a story put out by ICE itself saying they had ‘rescued’ a woman in labor. However, ICE officials forgot to mention one very important detail – just hours after their supposed rescue – they separated the woman from her newborn baby and detained her pending her possible removal from the country.

According to the ICE press release, border agents responded to a 911 call and found the woman soon after she had delivered her baby alone in a field near Eagle Pass, Texas. Officials first transported the mother and child to a nearby hospital, then the baby was airlifted to a neonatal care unit hours from where the mother was being held in custody.

“They told her she was going to be sent back to Mexico without her baby,” according to Amy Maldonado, who is legally representing the mother, and spoke to the LA Times.

The mother and baby have since been reunited but a legal process is still playing out regarding their future.

It wasn’t until the LA Times published a story about what had happened that ICE released the mother from custody, and she was reunited with her baby in San Antonio.

According to Austin Skero, chief patrol agent for the Del Rio sector, who responded in a tweet to The Times, agents had to separate the mother and baby due to the San Antonio hospital’s COVID-19 policy for the neonatal unit, which the hospital immediately disputed.

Leni Kirkman, representative for University Hospital in San Antonio, told The Times in an interview the statements were not correct. 

“That is definitely not the hospital policy,” she said. “We do not separate babies and parents.”

Even during a surge in COVID-19 cases in Texas, “which fortunately we’re not in now,” she said, “the parents of NICU babies got to be with their baby. That was not something we backed off on. Babies need to be with their parents.”

Not surprisingly, ICE has a history of separating mothers from their newborn and nursing children.

Sadly, there are many stories of mothers being torn apart from their children – including those who still require breastfeeding.

Last year, following the ICE raids of processing plants in Mississippi, details emerged of a mother who picked up by ICE and unable to see her 4-month-old daughte, who she was still nursing – and who herself is a U.S. citizen.

Advocates also report that some asylum seekers in the Texas who have given birth in ICE custody were forced to hand over their newborns to the Texas Department of Family and Protective Services (DFPS). Reuniting with their newborn hinges on their release from federal custody, and whether they can access legal help to navigate the child welfare system.

Last year, DFPS attempted to place a detained woman’s newborn in foster care. The woman “cried for 72 hours straight,” a Texas OB-GYN told Rewire.News. The OB-GYN held the woman at the hospital for five days so that she could see a psychologist.

“I was worried she was going to hurt herself when they took her back to the detention center,” the doctor said. “Luckily in her case, they were eventually able to locate an aunt-in-law, her uncle’s wife, who lived in Chicago. But this wasn’t a blood relative, and it wasn’t someone she’d ever met before.”

The mother of the newborn had attempted to seek asylum in the U.S. but was forced to stay in Mexico.

The mother picked up by ICE with her newborn, whose name has not been released, had recently applied for asylum at the border earlier this year with her older child, who is 6-years-old, but officials put them into the controversial “Remain In Mexico” program.

The Migrant Protection Protocols (or MPP) sent them back to Mexico to wait until their asylum hearing. Under MPP, tens of thousands of asylum seekers have been forced back to dangerous Mexican border towns to await hearings in the United States, some for more than a year. Citing the COVID-19 pandemic, the Trump administration closed the U.S.-Mexico border in March to all nonessential travel and indefinitely postponed most MPP hearings. 

The American Civil Liberties Union has challenged the Homeland Security Department over its “treatment of pregnant people, or people in active labor, delivery, or post-delivery recuperation in CBP custody or subject to the MPP,” and called for an investigation into returning pregnant women to Mexico under MPP.

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