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10-06-2007, 04:27 PM #1
Court asked to require warrants for immigration raids
http://www.newsday.com/news/local/longi ... 2491.story
Court asked to require warrants for immigration raids
BY SUSANA ENRIQUEZ | susana.enriquez@newsday.com
Several families and individuals from Suffolk, Nassau and Westchester counties filed a request Friday for a temporary restraining order to prevent federal immigration officials from conducting further raids without court-issued search warrants.
"This cannot be allowed to go on unless they seek permission, as they should, from the courts," said Foster Maer, an attorney for the Manhattan-based Puerto Rican Legal Defense and Education Fund, which filed the request along with a private law firm.
The request, filed in U.S. District Court in Manhattan, comes on the heels of a string of operations in Nassau County by Immigration and Customs Enforcement that drew criticism from Latino and immigration advocates, as well as Nassau County Police Commissioner Lawrence Mulvey.
Mulvey said agents acted like "cowboys" by pointing their weapons at officers and rounding up undocumented immigrants who were not named in warrants.
The request for the restraining order names 27 plaintiffs who are also listed in a class-action lawsuit filed Sept. 20 that claims that raids in Suffolk, Nassau and Westchester counties in February, March and September violated their constitutional right to be free from unreasonable searches by the government.
It asks that agents not enter or search homes without a court-issued search warrant.
"No one has ever seen any warrant authorizing ICE for them to be arrested," said attorney Donna Gordon of Manhattan, referring to Immigration and Customs Enforcement.
The request also asks that they not contact, retaliate against, arrest, prosecute or deport the plaintiffs or any witnesses.
"They have threatened our clients with coming back, [saying], 'You haven't seen the last of us,'" Maer said.
Lastly, the request asked that ICE not transfer any detainees to out-of-state facilities without notifying the court and the plaintiff's attorney.
Mark Thorn, a spokesman for ICE, said the action is under review. The U.S. attorney's office for the Southern District, he said, will be representing the agency in court.
"We believe that a review of the law, the facts and the merits will be in favor of ICE and its authorities," Thorn said.
The action was applauded by Latino advocates.
"Although it's a little late, it certainly is needed," said the Rev. Allan Ramirez, a pastor at Brookville Reformed Church. "Someone has to hold ICE accountable for what they are doing."
[WHY DOES ICE NEED PERMISSION FROM A COURT TO ENFORCE IMMIGRATION LAWS?]
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10-06-2007, 04:49 PM #2
If the agents already have warrants, then why would they need another warrant. Sounds stupid to me.
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10-06-2007, 04:50 PM #3
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WHY DOES ICE NEED PERMISSION FROM A COURT TO ENFORCE
Originally Posted by Skippy
Skippy, they don't; ICE is authorized by law, subject to the president and the director of DHS, to enforce the U.S. immigration laws, 8 USC ¶12.
However, to cross the threshold of a home or business, law enforcement needs either the permission of the owner, a valid search warrant (issued for cause, I think), or a reasonable belief that a crime is being committed (such as a complaint by a neighbor).
This is to the best of my recall. For more reliable rulings, consult an attorney.One man's terrorist is another man's undocumented worker.
Unless we enforce laws against illegal aliens today,
tomorrow WE may wake up as illegals.
The last word: illegal aliens are ILLEGAL!
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10-06-2007, 05:00 PM #4The action was applauded by Latino advocates.We are NOT a nation of immigrants!
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10-06-2007, 05:41 PM #5
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What This Really Means
What this whole ridiculous legal campaign by the ACLU and their allied leftist minions really boils down to is this...
("ICE PLEASE STOP ENFORCING THE LAW", INS always stopped when we made enough noise! YOUR SCARING THE ILLEGAL ALIENS!)
The biggest fear is the American people are seeing effective enforcement and the whole "its impossible to deport them all" argument is quickly flying out the window. If we enforce our laws then there is no reason for an illegal alien amnesty. There are a lot of ethnic, political, special interest, and business groups with a lot of money and political capital invested into getting amnesty, they will not let it die easily. 30+ million largely uneducated, mostly poor voters who are used to corrupt politics will owe whoever lets them stay in El Norte.
Thats my two cents..."American"Â*with no hyphen andÂ*proud of it!
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10-06-2007, 08:49 PM #6
Also it sounds like they do not want anyone who is not named in the warrent to be arrested. Alot of illegals have been swept up in the raids and deported due to being on the premises when they made the raid, as it should be after all they are here illegally, Just another trick to slow down getting illegals who are here doing the work we won't from being deported.
What will they think of next to keep from enforcing the laws!Please support ALIPAC's fight to save American Jobs & Lives from illegal immigration by joining our free Activists E-Mail Alerts (CLICK HERE)
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10-06-2007, 09:13 PM #7
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Immigration has it's our court system, and ICE does get permission to conduct the raids, however, they do not have to show a warrant when entering the premise. Just like a swat team does not go to a known crackhouse and knock nicely, they band the door in and toss tear gas then bang and clear the crackhouse.
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10-06-2007, 09:21 PM #8Originally Posted by SOSADFORUSJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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10-06-2007, 09:54 PM #9Originally Posted by GogoPlease support ALIPAC's fight to save American Jobs & Lives from illegal immigration by joining our free Activists E-Mail Alerts (CLICK HERE)
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10-06-2007, 09:58 PM #10Originally Posted by SOSADFORUSJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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