Sunday, August 09, 2009

Immigration raids and the Fourth Amendment don't mix so well

Immigration and Customs Enforcement agents made headlines last summer when one of their teams raided, without a warrant, a home in Yuma, Arizona, unconnected to illegal immigrants and owned by an agent with a sister agency. Now, a report penned by experts in law and law enforcement says that ICE regularly ignores constitutional guarantees when conducting its raids. The raid on the Slaughter home may have raised eyebrows across the country, but such conduct has become all too common in parts of the United States. In the Southwest, drivers have become accustomed to roadblocks along the highways manned by Border Patrol. Even some police officers, such as those in Arizona represented by the Mesa Police Association, have grown weary of the endless targeting of illegal immigrants, and have pushed back against proposals to turn every encounter between cop and pedestrian into an immigration status check. In fact, Mesa's Chief of Police George Gascon is one of the authors of Constitution on Ice: A Report on Immigration Home Raid Operations, a report from the Benjamin Cardozo Law School's Immigration Justice Clinic. According to that report:

Through two Freedom of Information Act lawsuits, the authors of this report obtained significant samples of ICE arrest records from home raid operations in New York and New Jersey. Analysis of these records, together with other publicly available documents, reveals an established pattern of misconduct by ICE agents in the New York and New Jersey Field Offices. Further, the evidence suggests that such pattern may be a widespread national phenomenon reaching beyond these local offices. The pattern of misconduct involves:

• ICE agents illegally entering homes without legal authority – for example, physically pushing or breaking their way into private residences.

• ICE agents illegally seizing non-target individuals during home raid operations – for example, seizing innocent people in their bedrooms without any basis.

• ICE agents illegally searching homes without legal authority – for example, breaking down locked doors inside homes.

• ICE agents illegally seizing individuals based solely on racial or ethnic appearance or on limited English proficiency...[link]

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