Category Archives: Immigration arrests

CA9: ICE warrant authorized knocking at appellant’s door, and co-occupant consented to entry

ICE officers could approach appellant’s door under Jardines with an immigration arrest warrant even though it is not a judicial warrant. “The immigration warrant licensed the officers to solicit consent to entry for the limited purpose of enforcing the civil … Continue reading

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CA9: When the 4A question isn’t settled, the alleged 4A violation can’t be egregious in immigration cases

“In immigration proceedings, the exclusionary rule applies to evidence obtained in violation of the Fourth Amendment only when the violation is egregious. … Petitioners bear the burden of making a prima facie showing of an egregious Fourth Amendment violation. … … Continue reading

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NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported

NBC Los Angeles: LA Man Seized for ‘Latino Appearance’ Will Not be Deported (“He was arrested and spent more than two months in a detention facility before getting a bond hearing, according to the ACLU.”)

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CA9: Gerstein applies to immigration arrests

Gerstein applies to immigration arrests in this class action. Plaintiff was a U.S. citizen detained by ICE. Gonzalez v. U.S. Immigration & Customs Enforcement, 2020 U.S. App. LEXIS 28827 (9th Cir. Sept. 11, 2020). There was probable cause for a … Continue reading

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CA9: It was well established that “illegal presence” in the U.S. was not a crime, so ptf’s arrest was unreasonable

Illegal entry is a crime, but not mere presence, and that was well established since 2012. Defendant’s arrest of plaintiff in a courtroom as a witness on suspicion of being here illegally at the request of a JP was unreasonable. … Continue reading

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CA9 applies QI standard to “egregious violations” of 4A for ICE entries

ICE entry onto appellant’s curtilage to arrest him was not an egregious violation of the Fourth Amendment, the court applying qualified immunity language to show it wasn’t. “At the time of the entry, no binding authority held that an officer’s … Continue reading

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Courthouse News Service: Judge Declares Courthouse Immigration Arrests Illegal in New York

Courthouse News Service: Judge Declares Courthouse Immigration Arrests Illegal in New York by Adam Klasfeld:

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MT: State’s acting on nonbinding immigration detainer is an arrest subject to 4A and state law

An immigration detainer is not a demand to a state law enforcement officer to make a civil arrest, but, if a state law enforcement officer acts on it, it is a new arrest. It is ripe for judicial review because, … Continue reading

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San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups

San Diego Union-Tribune: An end to immigration checks on Greyhound buses reaffirms Fourth Amendment argument from civil rights groups by Lisa Deaderick (“In Greyhound’s recent decision to no longer allow Border Patrol immigration checks on its buses, civil rights groups say … Continue reading

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WaPo: ICE runs facial-recognition searches on millions of Md. drivers, alarming immigration and privacy activists

WaPo: ICE runs facial-recognition searches on millions of Md. drivers, alarming immigration and privacy activists by Drew Harwell and Erin Cox (“Maryland defied federal guidelines in 2013 when it created driver’s licenses for undocumented immigrants. But in recent years, Immigration … Continue reading

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CA11: Further detaining plaintiff at jail after she made bond on a hunch she was not legally in the U.S. denied QI

“The evidence, interpreted in the light most favorable to Alcocer, is sufficient for a reasonable jury to conclude that Mills violated Alcocer’s Fourth Amendment rights by continuing to detain her without new probable cause after her attempted posting of bond … Continue reading

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NYTimes: Greyhound to Stop Allowing Border Patrol Agents on Its Buses Without Warrants

NYTimes: Greyhound to Stop Allowing Border Patrol Agents on Its Buses Without Warrants by Johnny Diaz (“The bus company announced the policy change only days after a leaked memo revealed that agents could not board without consent.”)

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NYLJ: ICE Confronts the Privilege Against Courthouse Civil Arrests

NYLJ.com: Analysis: ICE Confronts the Privilege Against Courthouse Civil Arrests by Edward M. Spiro & Christopher B. Harwood (“In New York state over the last two years, ICE has increased its courthouse civil arrests of undocumented and other aliens by … Continue reading

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Slate: Greyhound Won’t Commit to Protecting Its Passengers From Racial Profiling Despite CBP Guidance

Slate: Greyhound Won’t Commit to Protecting Its Passengers From Racial Profiling Despite CBP Guidance by Jeremy Stahl:

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Minn. L. Rev.: The Fourth Amendment Implications of “U.S. Imitation Judges”

104 Minn. L. Rev. 1275: The Fourth Amendment Implications of “U.S. Imitation Judges” by Mary Holper:

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CNS: ACLU Sues ICE for Warrants in Dallas-Area Workplace Raid

CNS: ACLU Sues ICE for Warrants in Dallas-Area Workplace Raid by David Lee: DALLAS (CN) – The American Civil Liberties Union sued federal immigration officials Wednesday, demanding the search warrants for a raid last year at a Dallas-area electronics repair … Continue reading

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