Can someone please explain to me why ICE is legally wrong with the deportations?

[DexWest]

I don’t want an I feel, I think, I believe. Cite the law, federal law, federal regulation, and the Constitution.

[msc545]

1. Fourth Amendment violations (illegal arrests or detentions)
ICE agents, like police, must follow the Constitution.

Common legal problems:

Arresting someone without a judicial warrant or probable cause
Detaining people based only on an ICE “detainer” request (which is not a court order)
Stopping people based on race, language, or appearance rather than legal suspicion
Courts have ruled that holding someone without a judge-signed warrant can violate the Fourth Amendment (e. g., Morales v. Chadbourne, Miranda-Olivares v. Clackamas County).

2. Due process violations (Fifth Amendment)
Non-citizens in the U. S. still have constitutional rights to fair legal procedures.

ICE can be legally wrong if they:

Deport someone without allowing a hearing
Prevent access to a lawyer
Fail to properly notify someone of their court date
Deport someone who had a pending asylum or legal relief claim
Courts have blocked removals where people weren’t given a meaningful chance to present their case.

[msc545]

3. Violating court orders or legal status

Some people cannot legally be deported, such as:

Asylum seekers with pending cases

People with Temporary Protected Status (TPS)

Individuals covered by court injunctions or stays of removal

If ICE deports someone in one of these categories, it can be directly illegal.

4. Unlawful “expedited removal”

ICE and CBP can use fast-track deportation in limited situations, but courts have found problems when:

People who have lived in the U. S. for years are treated as “recent arrivals”

Asylum claims are ignored or dismissed without proper screening

[msc545]

5. State and local law conflicts

ICE sometimes asks local jails or police to hold people longer than their release time. Courts have ruled this can violate state law and the Constitution unless there’s a judicial warrant.

That’s why some cities refuse ICE detainer requests—they can be legally liable for unlawful detention.. International law and refugee protections

The U. S. is bound by treaties that prohibit returning people to countries where they face:

Torture

Political persecution

Death threats

If ICE removes someone without properly evaluating these risks, it may violate both U. S. asylum law and international obligations.

[msc545]

Was this enough for you? Do you need me to explain any of it?

[Ariesman81]

@msc545

Let's start with #1. In an immigration enforcement case, it is reasonable to assume that a person who looks foreign and sounds foreign may in fact be foreign. What many want to label discrimination is in fact just probable cause.

[msc545]

No it is not probable cause. The appearance of a person does not constitute probable cause for much of anything. You just want it to because you want people with dark skin to be deported regardless of their citizenship status. Why don't you people just come out and admit your racism?

[Ariesman81]

Deflect and gaslight... typical ex wife behavior.

What I'm advocating for is giving Law Enforcement the authority to utilize their discernment to remove criminals. No different than allowing an LEO to pull over a drunk driver because they were seen swerving down the road.

Why you have a problem with that is beyond me. I can only deduce that your disdain for authority is probably rooted in hatred for your father. Or, because you yourself are a criminal.

When in Brazil, I was asked to provide my papers 4 separate times. Can you guess why I didn't get butthurt? Cause I had them.

[msc545]

I think you misunderstand. I have a disdain for people who break our laws. Those laws include most importantly our constitutional rights which many people have fought and died for. If you don't have respect for those, then you think we should just let anyone do whatever they want or whatever you want then I don't know what to tell you. We are really on opposite sides of the fence. Our constitution is the most important document we have and within that document the Bill of Rights is the most important part. You should try to generate a little knowledge of that document and a little respect for it. Our ancestors literally shed blood to free us from the British and to implement the principles and ideas in our Bill of Rights. Start respecting it please.

[Ariesman81]

Correct.

[goaded]

"Good morning, everyone. I'm Mark Rurley, Police Chief of City of Brooklyn Park...

... endless complaints about civil rights violations in our streets from U. S. citizens. What we're hearing is they're being stopped in traffic stops or on the street with no cause and being forced to demand paperwork to determine if they are here legally.

As this continued over the past two weeks, we began hearing from our police officers the same complaints that they had fallen victim to while off duty. Every one of these individuals is a person of color who has had this happen to them. In Brooklyn Park, one particular officer that shared her story with me was stopped as she passed ICE going down the roadway. When they boxed her in, they demanded her paperwork, of which she's a U. S. citizen and clearly would not have any paperwork. When she became concerned about the rhetoric and the way she was being treated, she pulled out her phone. In an attempt to record the incident, the phone was knocked out of her hands, prevented her from recording it.

The officer had their guns drawn during this interaction. And after the officer became so concerned, they were forced to identify themselves as a Brooklyn Park police officer in hopes of slowing the incident and de-escalating the incident down. The agents then immediately left after hearing this, making no other comments, no other apologies, just got in their vehicles and left. I wish I could tell you that this was an isolated incident. In fact, many of the chiefs standing behind me have similar incidents with their off-duty officers.

... If it is happening to our officers, it pains me to think of how many of our community members are falling victim to this every day. It has to stop."

Video here: bsky.app/profile/atrupar.com/post/3mcuopvhabn2r

[888theGreat]

The illegals need to go but in a civilized way. Not shot. Not Beaten. Not raped first. Not their stuff taken by ICE and sold for their gain (which is going on). You can't just throw Kids and teens into another country by themselves.

We also need Rule of Law which Trump Hates. If someone says I am legal and have papers at home, you must assume they are telling the truth. ICE doesn't allow them to prove it. probably over getting their bonuses by head count.

Many Hispanic and Black Minnesota cops were attacked by ICE too. When they showed their badges , Ice dropped it.

None of us carry our birth certificate on US when we walk on the streets or drive to the store, why should they carry theirs?

[CupcakeTheDestroyer]

They are not giving people due process, which they are entitled to by the constitution even if they aren’t citizens. Not to mention their behavior in arresting these people has highly questionable ethics, such as detaining a child in order to lure out her parents they intended to arrest, or the assault of American citizens. Impeding arrest can indeed be worthy of detainment but physical assault to the point of permanent injury? And then wasn’t there that ICE agent who kept a woman in a holding facility for a month and raped her repeatedly in exchange for allowing her to see her kids? The issue of due process is massive, but there is clearly a massive power trip that’s furthering these unethical and questionable conduct actions.

[Anonymous]

The left loved it when Obama was deporting millions of illegals.

[Hagar88]

Because feelings...

[FunkyMonkee]

I don't think you're gonna find one!! They ARE operating by the laws that DEMOCRATS voted into place a few years ago, probably during Barry Soetoro's first two terms.

[exitseven]

They are following the same procedures and the same laws that they did when Obama gave Tom Homan an award for doing such a great job deporting over 900,000 illegal aliens.

[goaded]

How many complaints of people's civil rights being violated happened then?

[exitseven]

@goaded nobody knows because it was Obama's operation.

[goaded]

You don't think people would have noticed and complained if they were being treated anything like they are today? Seriously, off-duty police are being aggressively stopped and asked for their papers. Non-white ones, at least.

[exitseven]

@goaded because democrat politicians were allowing cooperation with local law enforcement and did not go on TV and call ICE agents Nazis, and get the crowd all stirred up

[goaded]

No, it's because the ICE agents weren't acting like Nazis, invading properties without warrants, blocking cars and demanding papers from anyone who's brown, even if they're off duty police.

[goaded]

Did you read about the 5 year old child ICE used to capture his father, even though the father entered the country legally and was following all the rules?

"Marc Prokosch, an attorney representing the family, said the family has an active asylum case and shared paperwork showing the father and son had arrived to the US at a port of entry, meaning an official crossing point.

“The family did everything they were supposed to in accordance with how the rules have been set out,” he said. “They did not come here illegally. They are not criminals.” He said there was no order of deportation against them and he believes the father and son have remained together in detention."
www.theguardian.com/.../ice-arrests-five-year-old-boy-minnesota

[exitseven]

@goaded okay, just how would you handle things? You will get no cooperation from local democrats and the governor is telling people to obstruct you. What would you do to get the job done. Please tell us.

[exitseven]

@goaded a pack of lies.

[goaded]

What job, exactly? If I had intelligence based evidence of the whereabouts of actual rapists, murderers and serious gang members who were in the country illegally, I'd have plenty of cooperation from local authorities. It's when you start kicking down doors in defiance of the fourth amendment, killing people who aren't threatening you and gassing and shooting peaceful protesters that you run into trouble.

And, no, it's not a "pack of lies". They entered at a port of entry, were following the law to apply for asylum, and the child was held by ICE and not given to a responsible adult in order to capture a man who was legally in the country.

[Mike_Hum]

They aren’t. They are operating legally. The commies want the chaos as punishment to normal people for voting for Trump.

[beefcakebradybatson]

The deportations aren't LEGALLY wrong, but they're conducted in a manner reminiscent of the Gestapo. Dozens have likely died in these detention centres which are really U. S. concentration camps.

[DextroShade]

They are just mad that Trump is foiling their plan to import voters from the third-world and give them welfare. There are no principles behind it, just the acquisition of power.

[msc545]

I don't know if this is paranoia or just just being a conspiracy theorist but the two seem to go together here with this guy.

[ImalwaysrightOK]

They're not wrong. They're federal law enforcement officers sworn to enforce federal law.

[loveslongnails]

Look it up yourself. You won't take anyone else's words for it, so do your own homework.

[Ariesman81]

🦗🦗🦗🦗🦗

How dare you take their weapons away.