Colorado Judge Says ICE Can’t Arrest People Without A Warrant

from the America-ain’t-your-Gitmo,-bro dept

The Trump administration is so sure it can get away with anything that it’s willing to try anything. That misapprehension of the situation has resulted in at least 200 rulings against the administration’s anti-immigrant efforts. Still, the regime persists with its attempts to brute force constitutional rights out of existence.

Like it or not, MAGA faithful, immigrants have rights. They have the rights natural born citizens have access to, which is certainly something the Trump administration doesn’t think is true, even though it is.

The administration got a big win from the Supreme Court in terms of violating Fourth Amendment rights. In a solo concurrence, Justice Kavanaugh made it clear the majority believed there is nothing wrong with rounding up people simply because they look a bit more brown than white on the outside.

Meanwhile, ICE pretends it’s still targeting criminals, even when all data says otherwise. It continues to claim it’s going after known criminals but its paperwork doesn’t match its public statements. If it was really going after criminals, it should be able to obtain arrest warrants. The fact that it rarely has anything more than administrative warrants (self-issued warrants without judicial backing) in its possession at any given time contradicts its assertions about its alleged “targeted” enforcement efforts.

The Trump administration continues to get railed on the regular by federal courts. The latest is no exception:

A federal judge in Denver on Tuesday ordered federal immigration officers to stop making arrests in Colorado without a warrant, unless the detainee posed a flight risk, the latest in a string of lower-court decisions rebuking President Trump’s immigration enforcement tactics.

[…]

In Colorado, Judge Jackson, an appointee of President Barack Obama, found that immigration agents had acted unlawfully by arresting and detaining immigrants — some for as long as 100 days — without showing the required probable cause that they posed a threat of fleeing.

This decision aligns itself with several others. Unfortunately, the body of judicial work ruling against Trump’s anti-immigration programs hasn’t really changed anything. Many rulings have been appealed. What has yet to be heard by the Supreme Court has often been given a pass by appellate judges.

And even if a court rules definitively against Trump, there’s no reason to believe this administration will act in accordance with the ruling. Emil Bove — the former DOJ lawyer who told prosecutors to tell the courts to fuck themselves if they opposed Trump — is now sitting on the Third Circuit. Other rulings delivered by federal courts have been immediately stayed by appellate courts who normally would have allowed things to play out at the lower level before undercutting their findings.

What’s happening here affects a lot of rights beyond the immediate recognition of Fourth Amendment incursion. These warrantless arrests are often followed by indefinite detentions that involve violations of Fifth, Sixth, and Fourteenth Amendment rights.

This government is plain nasty. It has zero interest in the rule of law. It wants to be the bully on the block at all times. If the system of checks and balances rears it head, the administration will either ignore the concerns raised or engage in unprecedented attacks on the judiciary itself. Pointing out the incompetency of Trump administration thugs is about as useless as criticizing the GPA of the person beating your skull to pulp with a baseball bat. The end result is the same. Any legitimate points raised mid-beating won’t do anything to reduce the CTE trauma. It’s best to assume bad faith from the beginning because this is the administration’s sole operating speed.

Filed Under: 4th amendment, border patrol, cbp, colorado, denver, due process, ice, mass deportation, trump administration