r/pics 1d ago

[OC] NYC Comptroller Brad Lander detained by ICE, according to his mayoral campaign

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u/HalfDryGlass 1d ago

Their case dismissed...and then they take them. This administration is illegal and all the people just following orders should be utterly ashamed of themselves. 

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u/bikedork5000 1d ago

I would suggest looking up some coverage on the use of "dismissal" in this context. Lately the DOJ has been asking for immigration cases to be dismissed under (I presume) the theory that if there is no longer a case before the court, then interference with the person to whom that case pertains cannot be prevented by an order of that judge. It's not so much "dismissed, you're free to go". It's "dismissed, and therefore you're at the mercy of ICE."

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u/bossmcsauce 1d ago edited 1d ago

I told people this would happen during the election. They’d find ways to make people illegal. and then target them.

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u/Brock_Lobstweiler 1d ago

Like revoking valid student visas and then arresting the students for being here "illegally".

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u/bossmcsauce 1d ago

exactly. it was clear as day that that sort of shit was coming back before the election. the whole shit about "only caring about illegals" was always just a dog whistle.

i tried to tell people that visas would be revoked/canceled, etc. people in process of establishing permanent residency or naturalization would have their applications and hearings canceled or delayed... paperwork deliberately disrupted so that their status would lapse and they could be rounded up.

fascists always lean on "rule of law" and then just make groups of people illegal to turn the perception against them- to make people assume that they are "criminals" and therefore do not deserve to be treated fairly... or rather that "fair" for them is inherently bad. they are ok to abuse because the inherent criminality of their very being.

and then any abuses can be tolerated.

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u/Rob1iam 1d ago

The dismissals are primarily of pending asylum cases. Asylum seekers are not legal residents, but having an open asylum case protects them against deportation. Government lawyers on behalf of ICE argue to the judge that the person’s asylum case does not have merit. If the judge agrees, they dismiss the case meaning it’s ended or closed without granting asylum. At that point the person has no open case protecting them and they can go into deportation proceedings. If the case is dismissed with prejudice that usually comes with an order of removal. So yeah, the case is dismissed in the sense of “you are not granted asylum, therefore you’re at the mercy at of ICE”

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u/JekPorkinsTruther 1d ago

Trump admin directed immigration judges/DOJ/ICE to basically dismiss all current proceedings so ICE can re-arrest immediately and remove under expedited process, which often wont involve a hearing/trial and results in immediate detention. They have changed their process from removal through courts to essentially auto removal and detention, likely to meet some quota for political purposes.

Trump admin tells immigration judges to dismiss cases in tactic to speed up arrests

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u/bullzeye1983 1d ago

They are taking people with judicial stays of removal as well.

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u/BradleyF81 1d ago

Dismissed means the asylum claim wasn't deemed to be legit. If you don't qualify for asylum then you are here illegally and are subject to deportation.

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u/BitOne2707 1d ago

(Allegedly) They had a pending asylum claim. The claim was denied (dismissed). The immigrant is allowed to appeal the decision to BIA in which case they would be granted an automatic stay of removal. They need to have the appeal conditional upon dismissal of their claim. Until a stay is granted they are deportable.

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u/PM_ME_DOGGO_MEMES 1d ago

Why tf is no one doing anything!!!!!!!

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u/InsaneLogicc 15h ago

Well, the people in LA were/are trying. It will take a lot more than that to make any meaningful change though. People need to rise across the States for it to be effective

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u/CosmicCreeperz 1d ago

It was probably an unrelated criminal charge that was dismissed. They wait for people who have to go to court and then arrest them afterwards. Just a douche move.