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Report: NY, NJ immigration raids violated rights

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Filed: Timeline

NEW YORK — Immigration agents raiding homes for suspected illegal immigrants violated the U.S. Constitution by entering without proper consent and may have used racial profiling, a report analyzing arrest records found.

Latinos made up a disproportionate number of the people arrested who were not the stated targets of the raids, and many of their arrest reports gave no basis for why they were initially seized, said the report, which was based on data from raids in New York and New Jersey.

The Immigration Justice Clinic at Yeshiva University's Benjamin N. Cardozo School of Law analyzed home raid arrest records from Immigration and Customs Enforcement offices in Long Island and throughout New Jersey. The clinic, founded last year, represents indigent immigrants facing deportation.

Its report, released Wednesday, said that since ICE agents use administrative warrants — instead of judicial warrants, which give law enforcement unfettered access — they must have a resident's consent to enter a home or else violate the constitutional right to protection against unreasonable searches.

On Long Island, 86 percent of arrest records from 100 raids between January 2006 and April 2008 showed no record of consent being given, the report found. In northern and central New Jersey, no record of consent being given was found for 24 percent of about 600 arrests in 2006 and 2007, it found.

Peter Markowitz, director of the clinic and one of the authors of the report, said raids often are carried out with great force, with immigration officials pushing their way into homes in pre-dawn or late-night hours.

The raids are ostensibly aimed at targeted individuals who present threats either to national security or community safety, but arrests of illegal immigrants nearby, known as collateral arrests, are also made.

While the report only analyzed data from two states, it said the pattern suggested the problem was nationwide. It listed examples from California, Texas, Arizona, Massachusetts, Georgia and other places.

A federal judge in Connecticut last month ruled that federal agents violated the constitutional rights of four illegal immigrants in a 2007 raid under similar issues. The judge ruled the immigration agents went into the immigrants' homes without warrants, probable cause or their consent, and he put a stop to deportation proceedings against the four defendants.

"The widespread illegality by a law enforcement agency should be kind of shocking to anybody," Markowitz said.

In a statement, ICE said its agents uphold the country's laws.

"We do so professionally, humanely and with an acute awareness regarding the impact enforcement has on the individuals we encounter," it said.

The agency said it also had a mandate to pursue all illegal immigrants, whether targeted or not. A spokesman for the agency declined to comment further.

The agency has about 100 Fugitive Operations Teams around the country; in fiscal year 2008, the teams made more than 34,000 arrests.

The report also found that Latinos were a disproportionate number of collateral arrests. In both New Jersey and on Long Island, two-thirds of the targeted detainees were Latino. But 87 percent of collateral arrests in New Jersey were Latino, as were 94 percent of the collateral arrests in Long Island.

Collateral arrest records can indicate why the person was seized and questioned. But the report found that almost all of the records that didn't contain that information were for Latinos taken into custody. The report said that supported community complaints that Latinos were targeted for arrest simply because of how they looked or how well they spoke English.

The report makes several recommendations, including limiting the use of home raids to a last resort for targets who pose a serious risk to national security or have violent criminal records; the use of judicial rather than administrative warrants, and the videotaping of all home raids.

It also calls for the Department of Homeland Security Office of the Inspector General to conduct an investigation.

"These are violations that go to the very heart of the Constitutional expectation of privacy in this country," Markowitz said.

http://www.mycentraljersey.com/article/200...violated+rights


Man is made by his belief. As he believes, so he is.

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Filed: Citizen (pnd) Country: Mexico
Timeline

oh yea, because ICE always does stuff by the book, and never ever goes wrong, and raids other people whose last name happen to be hispanic.. mhh


El Presidente of VJ

regalame una sonrisita con sabor a viento

tu eres mi vitamina del pecho mi fibra

tu eres todo lo que me equilibra,

un balance, lo que me conplementa

un masajito con sabor a menta,

Deutsch: Du machst das richtig

Wohnen Heute

3678632315_87c29a1112_m.jpgdancing-bear.gif

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Filed: Citizen (apr) Country: Brazil
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there are no illegal brown people in the usa, so this is an outrage!


* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: AOS (apr) Country: Ireland
Timeline

####### is the cost of this nonsense?

34,000 arrests/ 100 teams = 340 per team per year

340/365 = 0.93

So lets say a team consits of 12

0.93/12 = 0.0775 per man per day

Report them to a CPA


lolfs.gif

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Nothing to see here, latinos are prone to breaking the law, a little bit of tough love is obviosly required.


Refusing to use the spellchick!

I have put you on ignore. No really, I have, but you are still ruining my enjoyment of this site. .

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Filed: Citizen (pnd) Country: Mexico
Timeline

After reading some comments in this forum I wonder how would this country be if the confederates would've won...

sheesh


05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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Filed: AOS (apr) Country: Colombia
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oh yea, because ICE always does stuff by the book, and never ever goes wrong, and raids other people whose last name happen to be hispanic.. mhh

Why do you hate ICE?

After reading some comments in this forum I wonder how would this country be if the confederates would've won...

sheesh

A more perfect Union apparently!


Wishing you ten-fold that which you wish upon all others.

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Filed: K-3 Visa Country: Mexico
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After reading some comments in this forum I wonder how would this country be if the confederates would've won...

sheesh

we wouldn't have all this aggression coming from the north!

Daniel

:energy:


Ana (Mexico) ------ Daniel (California)(me)

---------------------------------------------

Sept. 11, 2004: Got married (civil), in Mexico :D

July 23, 2005: Church wedding

===============================

K3(I-129F):

Oct. 28, 2004: Mailed I-129F.

~USPS, First-Class, Certified Mail, Rtn Recpt ($5.80)

Nov. 3, 2004: NOA1!!!!

Nov. 5, 2004: Check Cashed!!

zzzz deep hibernationn zzzz

May 12, 2005 NOA2!!!! #######!!! huh???

off to NVC.

May 26, 2005: NVC approves I129F.

CR1(I-130):

Oct. 6, 2004: Mailed I-130.

~USPS, First-Class, Certified Mail, Rtn Recpt ($5.80)

Oct. 8, 2004: I-130 Delivered to CSC in Laguna Niguel.

~Per USPS website's tracking tool.

Oct. 12, 2004 BCIS-CSC Signs for I-130 packet.

Oct. 21, 2004 Check cashed!

Oct. 25, 2004 NOA1 (I-130) Go CSC!!

Jan. 05, 2005 Approved!!!! Off to NVC!!!!

===============================

NVC:

Jan. 05, 2005 ---> in route from CSC

Jan. 12, 2005 Case entered system

Jan. 29, 2005 Received I-864 Bill

Jan. 31, 2005 Sent Payment to St. Louis(I864)

Feb. 01, 2005 Wife received DS3032(Choice of Agent)

Feb. 05, 2005 Payment Received in St. Louis(I864)

Feb. 08, 2005 Sent DS3032 to Portsmouth NH

Feb. 12, 2005 DS3032 Received by NVC

Mar. 04, 2005 Received IV Bill

Mar. 04, 2005 Sent IV Bill Payment

Mar. 08, 2005 Received I864

Mar. 19, 2005 Sent I864

Mar. 21, 2005 I864 Received my NVC

Apr. 18, 2005 Received DS230

Apr. 19, 2005 Sent DS230

Apr. 20, 2005 DS230 received by NVC (signed by S Merfeld)

Apr. 22, 2005 DS230 entered NVC system

Apr. 27, 2005 CASE COMPLETE

May 10, 2005 CASE SENT TO JUAREZ

Off to Cd. Juarez! :D

calls to NVC: 6

===============================

CIUDAD JUAREZ, American Consulate:

Apr. 27, 2005 case completed at NVC.

May 10, 2005 in route to Juarez.

May 25, 2005 Case at consulate.

===============================

-- Legal Disclaimer:What I say is only a reflection of what I did, going to do, or may do; it may also reflect what I have read others did, are going to do, or may do. What you do or may do is what you do or may do. You do so or may do so strictly out of your on voilition; or follow what a lawyer advised you to do, or may do. Having said that: have a nice day!

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Filed: AOS (apr) Country: Colombia
Timeline
The Immigration Justice Clinic at Yeshiva University's Benjamin N. Cardozo School of Law

:unsure:

Not too shabby a campus in NYC.

http://www.yu.edu/

http://www.cardozo.yu.edu/

http://www.cardozo.yu.edu/info.aspx?cid=11...mp;content=true

http://www.cardozo.yu.edu/MemberContentDis...p;folderid=2246


Wishing you ten-fold that which you wish upon all others.

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Filed: Citizen (pnd) Country: Mexico
Timeline
so some illegals were picked up when homes were entered with appropriate warrants for the arrest of known felons.

nothing to see here. move along.

if you read it right, some of the raids were conducted without the right warrants.. of course nobody cares if illegals rights are violated.. but hey, newsflash, they do have rights, even if you don't like it

Edited by pedroh

El Presidente of VJ

regalame una sonrisita con sabor a viento

tu eres mi vitamina del pecho mi fibra

tu eres todo lo que me equilibra,

un balance, lo que me conplementa

un masajito con sabor a menta,

Deutsch: Du machst das richtig

Wohnen Heute

3678632315_87c29a1112_m.jpgdancing-bear.gif

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Their rights have been rendered null because they have disproportionately criminal tendencies. The FBI statistics say so.


Refusing to use the spellchick!

I have put you on ignore. No really, I have, but you are still ruining my enjoyment of this site. .

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