Showing posts with label due process. Show all posts
Showing posts with label due process. Show all posts

Tuesday, September 9, 2025

Racial profiling in immigration stops and detention greenlighted by the Supreme Court updated to 10/15/2025


Update:10/15/2025 Colorado immigrants' rights groups sue Trump Administration, ICE over alleged warrantless arrests - CBS Colorado. This class action suit, if it makes it to the Supreme Court, has national implications.

Update 9/27/2025 An excellent in-depth article of how ICE is snatching migrants, mostly who are not criminals, just working hard at their jobs, and how it impacts mountain communities. The cost is both human and economic. Grand County lost a familiar face at a McDonald's window, and frightened children are fleeing schools. ‘There’s a human cost’: Colorado mountain towns see student absences, community tension in wake of growing ICE operations | SkyHiNews.com

Continuing with original post: The 6-3 Supreme Court just gave the green light to ICE to snatch people off the street because they look Hispanic and sound Hispanic. It is racial profiling, pure and simple. I am disgusted. The voice of dissent, Justice Sotomayor, wrote:"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low-wage job," she wrote. "Rather than stand idly by while our constitutional freedoms are lost, I dissent." Trump's Supreme Court is chipping away at civil rights with no explanation other than "it's not our job to set immigration enforcement policy," and we need to call them out. That should send a chill through anyone who does not look white for the precedent this sets. Supreme Court gives no explanation as it hands Trump another win

The old warning to anyone who looks Hispanic (or even native Americans), carry your papers ready to show them on the spot, is no real protection as even green card holders and those born here have birth certificates, get detained by ICE. ICE is putting many in holding pens while they "sort it out", and even then, whether the detainee can afford an attorney or even speaks English is a question. Their chance for a "due process" hearing after waiting days in a slammer is a roll of the dice and the hope that some non-profit comes to their rescue.

This is sheer terror, as told to me by my Hispanic friends. Even showing an ICE agent your papers is not always helpful. There are no figures released by the Trump regime that report numbers of those wrongfully detained and even deported, but there are past studies that detail that there were plenty of wrongful detentions dating years before ICE was given a quota ot snatch anyone to make their daily tally. Anecdotal evidence that it is happening now is plentiful if you do a Google search.

La Corte Suprema, con 6 votos a favor y 3 en contra, acaba de dar luz verde al Servicio de Inmigración y Control de Aduanas (ICE) para que secuestre a personas en la calle por su apariencia y sonido hispanos. Es discriminación racial, pura y simplemente. Estoy indignada. La voz disidente, la jueza Sotomayor, escribió: "No deberíamos tener que vivir en un país donde el gobierno pueda detener a cualquiera que parezca latino, hable español y parezca tener un trabajo mal pagado". "En lugar de quedarnos de brazos cruzados mientras se pierden nuestras libertades constitucionales, disiento". La Corte Suprema de Trump está socavando los derechos civiles sin más explicación que "no es nuestra responsabilidad establecer políticas de control migratorio", y debemos denunciarlos. Esto debería estremecer a cualquiera que no parezca blanco por el precedente que esto sienta. La vieja advertencia para cualquiera que parezca hispano (o incluso nativo americano): llevar sus documentos listos para mostrarlos en el acto no es una protección real, ya que incluso los titulares de tarjetas de residencia y los nacidos aquí con certificados de nacimiento son detenidos por el ICE, que simplemente los pone en celdas mientras "resuelven sus problemas". Aun así, si el detenido puede pagar un abogado o si habla inglés, tiene la oportunidad de una audiencia de "debido proceso" después de esperar días en una cárcel es una cuestión de suerte, y la esperanza de que alguna organización sin fines de lucro venga a rescatarlo es un juego de azar. Esto es puro terror, como me contaron mis amigos hispanos. Ni siquiera mostrarle los documentos a un agente del ICE sirve de nada. El régimen de Trump no ha publicado cifras que informen sobre el número de detenidos injustamente e incluso deportados, pero sí hay estudios anteriores que detallan que hubo muchas detenciones injustas años antes de que el ICE tuviera una cuota para capturar a cualquiera por día. Hay abundante evidencia anecdótica de que esto está sucediendo ahora si se busca en Google.

Saturday, July 12, 2025

Is it unconstitutional for ICE to snatch people off the street or in ag fields because they look undocumented?

It may sound unAmerican for ICE to snatch from streets and chase through fields those who look like they could be undocumented, detain them, and ship them off to a domestic or foreign gulag without a chance for the subject to object or even prove citizenship, birth or special refuge status, or be guilty of any crime more than a minor traffic violation or lack of documentation, but it may also be unconstitutional. The ICE idescriminate action of snatching and shipping off to detention just got slapped with a lower federal court ruling temporarily stopping that practice in regards to Los Angeles and  Ventura County/  The judge put on temporary hold the ICE practices that had agrigultue workers running for their lives and resulting in the death of a long time undocumented resident and farm worker and any number of landscape workers and day laborers. Their dragnet has even trapped citizens and properly documented migrants. Now in play is the 4th Amendment that refers to the right of people (not just citizens) to protection from warrantless seizures,   requiring probable cause to charge someone of a crime, and due process.  This one may end up in the Supreme Court. 

Judge Blocks Trump Administration From Carrying Out Indiscriminate Immigration Raids In Los Angeles

The 4th Amendment applies to protect people from warrantless searches and seizures and pertains to the concept of probable cause, a threshold of evidence required to charge a person with a crime. I'm no attorney, but I did find some illuminating, credible sources..

The administration contends they are only going after those with  criminal background, yet 70% of those apprehended and detained by ICE do not have records.  That one is an easy lie to prove: https://apnews.com/article/fact-check-trump-immigration-crime-ice-criminal-dangerous-violent-99557d9d68642004193a9f4b7668162e?

Fourth Amendment | U.S. Constitution | US Law | LII / Legal Information Institute

There is another case affecting those in the US with temporary protective status that will also have a strong relationship to the rights of migrants and the Fourth Amendment. It stops deportation of Venezuelans here on that status...and reaffirms the Constitution protects them and their right to due process. This was upheld by an appeals court 8/29/2025   It will end up in the SupreAppeals court upholds the rights of those on temporary status in the US because of asylum. Due proces and the Constitution do apply. This is an important case and will end up in the lap of the Supreme Court. Appeals court rules against Trump's plans to end legal protections for 600,000 Venezuelan migrants | AP News

From Google AI with references to source: 

  • "The people" is not limited to citizens:
    While the Fourth Amendment uses the phrase "the people," it has been interpreted to include anyone within the United States' physical borders, not just citizens. 
  • Supreme Court precedent:
    The Supreme Court has addressed this issue in the case United States v. Verdugo-Urquidez, ruling that the Fourth Amendment does apply to non-citizens within the U.S. 
    ( 
  • Due process and equal protection:
    The Fourteenth Amendment also guarantees due process and equal protection under the law to all individuals, including non-citizens, which further reinforces the idea that the Fourth Amendment's protections are not limited to citizens. 


One of the more disturbing comments to a recent post came from a person who claimed the president of the US was only for its citizens, as if to imply the president had no responsibility to honor the rights of undocumented migrants. ., I replied, the president was responsible for both the rights of the undocumented and those of the documented and citizens are wrong to claim the President of the US is only for citizens and not for non-citizens. The President may be elected by only citizens, but the responsibility of the office to comply with the Constitution regarding non-citizens means the president is not just like a president for just citizens, but for all in the USA. I wondered if it was her way of rationalizing a belief that undocumented migrants had no rights, or did it mean to her that she would only respect what Donald Trump said about immigrant rights? 

  The issue of undocumented migrants' rights has certainly risen in the context of the discussion of the 14th Amendment regarding birthright citizenship and other provisions of that amendment, since the wording clearly states it applies to "persons," not just citizens. That one will soon be in the hands of the Supreme Court, as a lower federal court has just ruled Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge - The New York Times

Third court blocks Donald Trump birthright citizenship order nationwide after Supreme Court decision

MUFTIC FORUM BLOG: Are the ICE detainees and deported due to racial targeting?


Monday, May 5, 2025

Trump's deportations are not like Obama's."How" is as important as "why"

Update: 5/8/2025   Judge in the Abrego Gacia case is still considering whether to force the Trump administration to return those sent to the El Salvador gulag without due process to return them to the US. Judge Boasberg Gives Trump Admin New Directive in Deportations Case

Trump still wants to defy court orders and ship bad dudes to mean off shore gulags: Trump administration plans immigrant flights to Libya as its deportation agenda grows

Continuing with the original post:

 I am listening to some chatter on another page about deportations of undocumented migrants, that since Obama did 2/3 of deportations without due process, then it is OK for Trump to do it. Sometimes, how it is done is as important as why. `Did Obama do cruel family separation? Did Obama do secret flights to avoid a judge requiring due process? Did Obama ship migrants to a foreign gulag who were not criminals or gang members? Did Obama claim we were at a bogus war to get around due process requirements? That no one wants migrant gang members here, including already here migrant Hispanics, is a given. However, how it is done is as important as why it is done. Trump's cruelty and defiance of human and constitutional rights are nothing like how Obama did it.

In reality, Obama's deportation flurry earned him the title of deporter-in-chief and cost Democrats Hispanic support for the next election cycles..
Biden saw that and thought he learned a political lesson... so he was too slow and too little, too late to take action to close the border again after COVID closed it. What Biden was slow to realize was that even Hispanics in America who are already voters didn't want migrant criminals and gang members here either. Neither do most Democrats.

"As President Donald Trump approached his 100th day in office, national polls suggested a clear drop from the 46% share of the Latino vote he received last fall, according to exit polls. Surveys from the Pew Research Center, YouGov/Economist, CNN and Reuters/Ipsos put his approval among Latino voters between 27% and 34%. Two Latino-focused polls confirmed the decline. One national survey from UnidosUS and allied groups showed 37% Latino approval for Trump. Another from the Latino Community Foundation (LCF) and Voto Latino (VL) had the number at 39%."


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