Noah Feldman: ICE isn't just breaking the law, it is trying to rewrite it entirely
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Noah Feldman: ICE isn't just breaking the law, it is trying to rewrite it entirely
"Under a new memo, agents can detain anyone they think might be undocumented, based on factors like ethnic appearance and language In an outrageous expansion of its authority, US Immigration and Customs Enforcement (ICE) is now authorising its agents to arrest anyone they suspect of being undocumented, even if the officers don't have a warrant and the person isn't a flight risk."
"The directive, contained in a memo obtained by the New York Times, reverses long-standing ICE policy and effectively renders the warrant requirement itself empty. Coming on the heels of another legally indefensible memo, which purported to allow ICE agents to enter the homes of suspected undocumented people without a judicial warrant, the new policy shows that ICE isn't just exploiting legal loopholes to create massive sweeps."
ICE has authorised agents to arrest or detain anyone suspected of being undocumented without a judicial warrant, including people who are not flight risks. The policy allows agents to base suspicion on factors such as ethnic appearance and language. The directive reverses long-standing ICE policy and effectively nullifies the warrant requirement. A previous memo purported to permit warrantless entry into homes of suspected undocumented people. Together these directives enable large-scale sweeps and expand enforcement authority beyond established legal limits, increasing the risk of racial profiling and erosion of civil liberties.
Read at Independent
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