Things That Matter

ICE Terrorizes Nashville Community After Officer Shoots Man In Attempted Apprehension

The President and his government like to tell Americans that immigrants coming to the US are terrorizing neighborhoods. That an increase in migration is leading to increased crime rates and making us all less safe.

After a recent ICE involved shooting in Tennessee, many are calling BS on those claims. Between the storming of work places, separation of families, and now an alleged shooting, many are arguing that it is ICE that is terrorizing communities and making us all less safe.

In a severe escalation of violence, an ICE officer fired his gun at a man during an attempted apprehension.

ICE is accused of terrorizing a residential Nashville neighborhood in pursuit of an alleged undocumented immigrant. According to reports, ICE made a traffic stop of a white box truck in the parking lot of a local grocery store.

The vehicle came to a stop but as the officer approached the vehicle the man began to drive off. According to ICE and the FBI, the man drove in the direction of one of the ICE agents and this is when the ICE agent opened fire at the truck…again, in a grocery store parking lot in the middle of a residential neighborhood.

The man in the vehicle made no attempt at escalating the situation with the officers. According to The Tennessean, the man attempted to flee the arrest and, although that would be illegal, it’s no cause for an officer to fire his weapon and risk killing the suspect.

Following the shooting, the white truck was found abandoned and the man surrendered in a hospital.

Metro Nashville police confirmed the box truck was later found at Country Meadows mobile home park down the street from the grocery store but the driver was nowhere to be found. 

A local news helicopter showed the box truck had at least one bullet hole in the windshield.

The man made his way to a local hospital for medical treatment where he surrendered to police and was taken into custody.

By Friday, the man had been released from the hospital but it wasn’t clear where the man was.

He was released from the hospital Friday morning, his family’s attorney said.

The 39-year-old man from Veracruz, underwent surgery on Thursday night after being shot twice earlier in the day outside an Antioch Food Lion, Nashville-based immigration attorney Andrew Free said.

“He is in good health,” Free told The Tennessean Friday morning.

According to the FBI, the man hasn’t been arrested nor charged with a crime (which makes the fact that he was shot by ICE that much more shocking!). However, police are now investigation an attempted assault against a federal officer because of the man’s alleged attempt to drive towards the ICE officer in his attempt to flee the scene.

The city’s mayor, David Briley, issued the following statement regarding the shooting:

“The federal government’s inability to arrive at comprehensive immigration reform results in situations like what happened in Antioch this morning. This is exactly what we don’t want happening in our city. MNPD is no longer involved and has turned the scene over to the FBI. MNPD is currently looking for the victim of this shooting so that he may receive any needed medical assistance. My top priority remains the safety and well-being of all of the residents of Nashville.”

Briley recently signed an executive order calling lawmakers to repeal a state law banning sanctuary city policies — including local cooperation with federal immigration agents.

Local immigration advocates are speaking out against the attack.

Tennessee Immigrant and Refugee Rights Coalition (TIRRC) said the agent “could have killed” the man.

“ICE was trying to separate a man from his family yesterday, but they could have killed him. We are relieved that the day ended without further violence and that the man was able to receive life-saving medical care,” said Mary Kathryn Harcombe, Legal Director with the TIRRC said.

“We were deeply troubled by the way that early media reports allowed the ICE agents to frame their use of deadly force as self-defense. As videos and more information about the shooting surface, we demand that the investigation be thorough and impartial. The ICE agent who fired the gunshots should be held accountable for his excessive and unreasonable use of force,” Harcombe said.

Families in the area were terrified of the news.

TIRRC said “In the wake of yesterday’s shooting, we were fielding dozens of calls from Antioch residents, terrified that the ICE agents were still in the neighborhood conducting immigration enforcement. Teachers rode the school bus home with their students who lived in the area, uncertain if it was safe for them to return home,” said Camila Herrera, Services Director at TIRRC. “ICE is a rogue agency that is enforcing civil immigration law with shocking cruelty. ICE does not make our communities safer or stronger,” said Herrera.

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ICE Illegally Arrested A Man On Church Grounds After Allegedly Lying To Him To Coax Him Out

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ICE Illegally Arrested A Man On Church Grounds After Allegedly Lying To Him To Coax Him Out

Smith Gado / Getty Images

Across the country, dozens of undocumented immigrants have sought refuge at churches, where they are typically safe from immigration enforcement.

However, as ICE escalates its attacks on the immigrant community, churches and other sensitive places of refuge may no longer be the ‘safe spaces’ they once were.

ICE has allegedly arrested a man who was inside of a church and they lied to get him out.

Last week, six ICE agents entered an undocumented migrant’s home (located on church property) and now that man is in a Georgia detention center. Binsar Siahaan, 52 (from Indonesia), was told that there was a problem with the GPS monitor he had to wear and that they needed to take him to an ICE office in Silver Springs, MD.

“As soon as he stepped outside, they handcuffed him,” taking him first to Baltimore and then to Georgia. He was not given anything to eat for two days, Rev. Scroggins said through tears. She said, “He is being abused. He is not well,” adding, “The way he is being treated is absolutely appalling.”

Siahaan currently is being held in the Stewart Detention Center in Lumpkin, Ga. and may be deported to his native Indonesia. He has been in the United States since 1989, coming here on a visa to work as a driver for the Indonesian Embassy. He overstayed the terms of the visa and then was denied asylum, because he did not apply on time.

But in Siahaan’s case, at the time they moved into the house on church grounds in January, they had no reason to fear ICE would come after them. They moved in to help take care of the church, which they have been attending for about six years.

Siahaan’s attorney and clergy at Glenmont United Methodist are rallying to stop Siahaan’s deportation, accusing ICE of breaching its own protocol by arresting him on church property under false pretenses and while his appeals are still pending.

The church where it happened is urging ICE to release the man – who is still in custody.

Leaders of the United Methodist Church – where the arrest occurred – have called for ICE to release Siahaan. They also called on ICE to state publically that it will uphold its policy of not entering sensitive locations, which includes “churches, synagogues, mosques or other institutions of worship, such as buildings rented for the purpose of religious services,” according to an ICE 2011 memorandum

“We are gravely concerned,” said Rev. Susan Henry-Crowe, general secretary of the general board of the Church and Society of the United Methodist Church. “Church grounds are sacred.” She said the government was “in complicity to sin” if it won’t protect immigrants.

Rev. Kara Scroggins, pastor of the Glenmont church where Binsar has been a member for six years, called Siahaan “one of the most devoted, loyal and generous persons I know.” He helps out at the church constantly and usually is the first to arrive and the last to leave, she said.

This is hardly the first time ICE has conducted similar operations.

Credit: Smith Gado / Getty Images

An immigrant who sought refuge from deportation in a North Carolina church, staying there for 11 months, was arrested in 2018 after arriving at an appointment with immigration officials.

The arrest led to protests and the arrest of some supporters of Samuel Oliver-Bruno, the 47-year-old Mexican national who, according to an ICE news release, was detained at a Raleigh-area immigration office.

An advocacy group, Alerta Migratoria NC, said in a statement Oliver-Bruno went to have fingerprints taken so he could apply to stay in North Carolina with his wife and son. This is when ICE stopped in to make the arrest.

He had been living in CityWell United Methodist Church in Durham since late 2017, to avoid the reach of immigration officers, who generally avoid making arrests at churches and other sensitive locations.

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

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

Gerald Herbert / Getty Images

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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