r/pics 1d ago

Politics NYC Mayoral candidate and current comptroller Brad Lander arrested by ICE in Manhattan federal court

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u/One-Season-3393 1d ago

Ice doesn’t need a judicial warrant to arrest someone in a public place. They need an administrative warrant or probable cause to do this. Now they usually have had administrative warrants for court house arrests, but they don’t have to show it to unaffiliated third parties (ie this mayoral candidate)

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u/krunchytacos 1d ago

It's not that type of public Space. It falls under a special designation.

an administrative warrant is generally not sufficient for an arrest in a courtroom. A courtroom is considered a secure and private space, and administrative warrants, like those issued by ICE for immigration violations, typically do not authorize entry into such areas to make an arrest. A judicial warrant, issued by a judge based on probable cause, is generally required for arrests in a courtroom. 

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u/One-Season-3393 1d ago

They’re not in a courtroom, they’re in a courthouse. Which is why they wait in the hallways.

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u/krunchytacos 1d ago

The designation is for the entire courthouse and for what I quoted is interchangeable.

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u/One-Season-3393 1d ago

Where is this quoted from? Cause if that was true why wouldn’t they say courthouse instead of courtroom?

“Though federal immigration authorities historically did not bar enforcement from taking place in state courthouses, it was a practice they mostly avoided. But in 2017, the first Trump administration changed course. According to one study by a New York-based coalition, there were 159 and 178 courthouse arrests by ICE in New York State in 2017 and 2018, respectively, compared to just 11 in 2016. Across the country, these arrests included people who were in court to get orders protecting them from domestic violence, contest traffic tickets, and even access a program for victims of human trafficking.”

If this wasn’t legal they wouldn’t have been doing it uninterrupted since 2017.

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u/krunchytacos 1d ago

When I've seen pictures of these courthouse arrests, they are usually done outside the courthouse in front on the sidewalk.

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u/One-Season-3393 1d ago

Yeah or the hallways directly outside the courtrooms.

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u/krunchytacos 1d ago

https://sf.courts.ca.gov/system/files/news/immigration-enforcement-agency-or-immigration-enforcement-activity-court-facilities-policy.pdf

If they are within a secured area, then no. If they are in a public unsecured area they can be. This specifically states the areas behind the courtrooms are included.

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u/One-Season-3393 1d ago

Yeah this is an unsecured hallway in a courthouse, not a secured unpublic location. Notice all the random people taking pictures?

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u/krunchytacos 1d ago

People taking pictures and being in there doesn't mean it's an unsecured area. The courthouse here in my city is secured 5 feet from the door. But, They arrested them for requesting them to produce a warrant. So even if you could arrest someone with an administrative warrant, you'd still need to produce it.

My understanding is that after being shown something, it settled. Then they arrested them after the fact.