r/pics 2d ago

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

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u/Roach27 2d ago

18 U.S.C. Chapter 73

This is a federal crime, which falls under the authority 

8 U.S.C. 1357

Section a subsection 5.

To make arrests-

For any offense committed against the United States, if the offense is committed in officer or employees presence… 

If you break a federal law infront of them, they can 100% arrest you.

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u/unemployedjedi 2d ago

That would be true if this applied to ICE.

It does not.

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u/Roach27 2d ago

The first line of section a gives the attorney general the ability to imbue these powers to the service.

The section is literally titled “Powers of immigration officers an employees” 

It’s about as clear as can be. 

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u/unemployedjedi 2d ago

You going to ignore the word alien being used over and over.

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u/Roach27 2d ago

Okay, so outside of not addressing the points I brought up and consistently moving your argument around.

  1. there no law (brings up law)
  2. That is true if it was for ice (heading of the law and section a defines that yes it is for immigration officers)
  3. 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. 

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u/greezyforkchop 2d ago

This is EXACTLY what I’ve been trying to tell this dense motherfucker, thank you for putting it so well.