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
From Google AI with references to source:
- 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.
- 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.
- 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
MUFTIC FORUM BLOG: Are the ICE detainees and deported due to racial targeting?
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