ICE Is Or Isn’t Cutting Back On Courthouse Arrests, Depending On Who You Ask

from the impossible-to-trust-or-verify dept

The administration’s anti-migrant tactics are now months into an indefinite period of continuous escalation. That protest efforts have escalated alongside it apparently means nothing to the officials spearheading this brazen attack on non-white people.

It wasn’t until federal officers began killing people in front of witnesses that the administration decided to dial things back a bit. But did it ever actually do it? Or did it just sideline the most famous faces associated with this wave of violence and unlawfulness?

Punting former DHS head Kristi Noem into the nosebleed section of the federal government didn’t do much to change things, not when “Border Czar” Tom Homan (the guy who more or less said protesters were to blame for the Minneapolis murders) is still hanging around and her replacement, Markwayne Mullin, looks like just another expendable MAGA footsoldier.

Some small sort of de-escalation seems to be happening now, but it’s hard to tell if this is due to policy changes, budget issues, or the natural result of pushing this hard for this long. Sooner or later, things tend to trend towards inertia, no matter how much motivational frothing is being done by those who aren’t actually on the front lines.

Then there’s the DOJ upsetting the administration’s own apple cart by admitting in court that ICE officers were committing illegal arrests by pouncing on migrants attending immigration hearings. Not that ICE officers have necessarily stopped doing this (there’s evidence to suggest at least some of them haven’t), but it does make it clear that continuing to do so is at least a violation of policy, as well as being, you know, actually illegal.

So, when things are being said about further de-escalation, you may as well start ingesting fistfuls of salt. First, here’s the good news, which comes from two unnamed DHS officials who insist things are being calmed down from the top down:

Donald Trump’s administration has reportedly instructed immigration enforcement officers to cut back on arrests inside courthouses and to no longer enter homes without a warrant, backing off two controversial policies that have sparked violent and chaotic scenes in the president’s mass deportation campaign.

Immigration and Customs Enforcement field offices across the country were verbally instructed by their superiors that they should no longer enter homes unless they have a judicial warrant, two Homeland Security officials told NBC News.

That would seem to be the least this administration could do since it would finally align ICE’s actions with the law and its internal policies. However, if these instructions are only be handed out “verbally,” it means the DHS is deliberately avoiding creating a paper trail that might be used against it should it decide to just go back to doing this the old, illegal way.

And that probably explains the immediate, contradictory statement that followed the reporting based on assertions made by two unidentified DHS officials.

A spokesperson for Homeland Security told The Independent that there has been “no change in policy.”

“We will continue to arrest illegal aliens at immigration courts following their proceedings in compliance with the law and any applicable court orders,” the person said. “It is commonsense to take them into custody following the completion of their removal proceedings.”

That’s definitely not the same thing as what was expressed by these DHS officials. And the rest of the statement makes it clear federal officers will continue to arrest people who show up for their scheduled immigration hearings. While it does make sense to arrest people who’ve been issued an order of removal, that’s not actually what ICE has been doing. It has been bringing in DOJ lawyers to dismiss pending cases to immediately make people eligible for removal. And — as has been shown in court — ICE officers have been arresting people not currently under orders of removal and then generating arrest warrants after the fact.

So, it’s not a good news/bad news thing going on here. It’s bad news/worse news, with a balance that constantly shifts depending on what mood the administration is in on any given day. Courts haven’t been able to stop ICE from engaging in illegal arrests. And the growing national opposition to Trump’s anti-migrant actions hasn’t made any discernible dent in the administration’s lust for punishing non-white people simply for existing.

Filed Under: 4th amendment, dhs, ice, mass deportation, trump administration