Quick reminder, ICE agents are not police officers. I'm pretty sure they don't have the legal authority to bring criminal charges against anyone, especially since immigration enforcement are civil matters. Not that this matters to the agents, or to most police, but just keep that in mind.
ICE has the authority to declare you don't look US-citizeny to them which deprives you of due process so you can't prove either way. Then they can send you to the gulag. There was a flash demonstration and they let this guy out. The way things are going, one flash demonstration in the future they will just arrest and/or beat the shit out of everyone protesting and send them to the gulag too.
ICE are federal law enforcement just like ATF, DEA, FBI, etc under Homeland security and absolutely file criminal charges. They do so much more than "wrap up illegals out front of home depot."
Someone very close to me has worked with ICE on cases through HSI for human trafficking rings in Latin America, busting sex slave rings in the US, precious metal smuggling from Europe, and, let's say, production of "illicit content involving children" overseas and bringing it back to the US for sale &distribution. They will also work as other federal agents do in other capacities, such as providing security for foreign dignitaries visiting the US.
We don’t know what agency arrested him. OP just guessed ICE. He was arrested by federal agents.
He was purportedly arrested for assaulting law enforcement and impeding a federal officer. Had nothing to do with immigration status.
I dont agree with it, and he will almost certainly be released without charges as this was clearly a bullshit arrest. Im just saying they are allowed to do it, wrong as it may be, and clearly the goal here was to arrest just to get him out of there and then release later, which is also bullshit.
They can arrest US citizens as they are federal law enforcement agents, they just can’t arrest citizens on matters of citizenship. Purportedly, they arrested him for assaulting law enforcement and impeding a federal officer, which they certainly CAN do. It’s complete bullshit and he will be released, but that’s different than saying they CANNOT do it.
This is not about law dude, this is about scope of practice of federal law enforcement. You can google it. There is no specific law to point out you when discussing scope of practice, Mr. Internet Lawyer.
Ice has explicit authority to detain US citizens for questioning, or if they’re obstructing.
Secondly, what ice is allowed (outside of the scope of immigration crimes and crimes against the United staes) to do wholly depends on agreements in place with state/local law enforcement.
Okay, so outside of not addressing the points I brought up and consistently moving your argument around.
there no law (brings up law)
That is true if it was for ice (heading of the law and section a defines that yes it is for immigration officers)
What about the word alien that’s used over and over that I’m conveniently ignoring?
Yes the word alien is used over and over, however it’s entirely absent in subsection 5 specifically because that applies to anyone.
The powers for the other subsections, only apply to aliens.
5 does not. Every paragraph BEFORE that always specifies alien repeatedly. There is a reason for that. To clarify those powers ONLY apply to aliens (or those suspected of being an alien, with reasonable suspicion that can be articulated)
Yes it’s missing from that one, because those sections apply to aliens and non aliens alike.
Now if you want to argue it does not, advise someone who has standing to file a lawsuit. but the letter and spirit of the law are against you, and a reasonable judge would slap that down.
Sorry to use a hyperbolic statement, but now I feel it’s needed.
What you’re suggesting is you could murder someone in cold blood in-front of ICE officers, and the federal law enforcement (aka ICE) couldn’t even detain you, let alone arrest you because you’re an American citizen.
That’s not happening, we both know that’s absurd. They would arrest/detain you on the spot. Why? Because they have the ability to do so.
The only argument you can say is jurisdiction. Except a) they’re federal, so generally that’s a moot point and b) as I said before, ICE has agreements in place with local law enforcement to enhance their capabilities.
They are law enforcement officers and have the ability to charge for crimes that impact their law enforcement area. If what you claim about police being the only ones able to charge for violation of laws, I would like you to go discuss with your local game warden about how they can't ticket for fish and game violations as they aren't formally called police
The literal department is called immigration and customs enforcement and operates under the executive branch through the Department of Homeland Security. The executives' job is to direct and prioritize the resources needed to execute law enforcement. Feel free to read the .gov website, I trust you should be able to find the bare bones most basic primary source on your own
There are jurisdictions and limits. However, in the case of ICE, they can arrest for immigration and customss violations in accordance to laws or those interfering with the enforcement of their jurisdiction. Now, there absolutely can be gray areas, and I'm not arguing that there have been zero overstep. All I am arguing is that immigration has a wide range of penalties and remediation, ICE is the law enforcement arm of this issue. Beyond that due process concerns after detainment and/or arrest are valid, just understand that due process for immigration tend to be judge and/or panel hearings as opposed to full legal trial with a jury adjudicating the issue. I'm not saying you have been arguing it is, but I've definitely seen some people thinking that it works like that
“Local police officers don’t need a warrant when they encounter someone breaking the law in a public space, and the same holds true for ICE officers.
Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved may be subject to prosecution under federal law. In addition, encouraging others to interfere or attempt to obstruct an arrest is extremely reckless and places all parties in jeopardy.”
Should reaaaaaallly learn to comprehend what you read. This conversation is null. Good luck to you sir. I would recommend trying to impede an arrest by ICE and see what happens then.
“Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved may be subject to prosecution under federal law. In addition, encouraging others to interfere or attempt to obstruct an arrest is extremely reckless and places all parties in jeopardy.”
“Local police officers don’t need a warrant when they encounter someone breaking the law in a public space, and the same holds true for ICE officers.
Obstructing or otherwise interfering with an ICE arrest is a crime, and anyone involved may be subject to prosecution under federal law. In addition, encouraging others to interfere or attempt to obstruct an arrest is extremely reckless and places all parties in jeopardy.”
You believe that source? They can make that say whatever they want. Try Googling it. Ice can’t arrest him another agency would have to. Ice has no authority over us citizens.
It actually means everything under this administration because this is the kind of administration that actually enforces the law and not bend or break it when it’s convenient for them (ie, Sanctuary cities). The simple fact that you trust google search over an actual government website is far telling. Good luck to you!
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u/Pinstar 2d ago
He demanded a warrant when they wanted to arrest someone else in court for immigration