<html>
<body>
<div align="center"><font size=3><br>
</font><font size=4><b>Police State Raids Against Immigrants <br><br>
</font><font size=3>By Stephen Lendman<br>
</b>
<a href="http://countercurrents.org/lendman290909.htm" eudora="autourl">
http://countercurrents.org/lendman290909.htm<br><br>
</a>29 September, 2009<br>
<b>Countercurrents.org<br><br>
</b>In 2003, the Department of Homeland Security (DHS) established its
largest investigative and enforcement branch - the US Immigration and
Customs Enforcement arm (ICE) "as a law enforcement agency for the
post-9/11 era, to integrate enforcement authorities against criminal and
terrorist activities, including the fights against human trafficking and
smuggling violent transnational gangs and sexual predators on children
(who are) criminal (and) terrorist" threats to the nation.<br><br>
Along with Muslims, Latinos are its prime targets, often using
militarized unconstitutional tactics against vulnerable, defenseless
people. Post-9/11, the Bush administration initiated them, and they
continue under Obama.<br><br>
On May 23, 2007, as a senator, Obama said:<br><br>
"The time to fix our broken immigration system is now. We need
stronger enforcement on the border and at the workplace."<br><br>
Then on July 8, 2009, Wall Street Journal online writer Cam Simpson said
on politicalforum.com that:<br><br>
"The Obama administration (today) said it would move forward with a
Bush-era program aimed at cracking down on illegal-immigrant workers and
their employers, just as Republicans in the Senate are pushing
legislation that would mandate a similar move."<br><br>
With about 10% of DHS' $55 billion FY 2010 budget, ICE will continue
targeting Latinos at the border, at work sites, and at their homes with
some recent examples below:<br><br>
-- in a September 18 press release, ICE's Miami field office announced it
"removed" 423 "criminal aliens from 36 countries" in
August, charging them with drugs traffickin, robbery, and various
fraudulent activities;<br><br>
-- on September 11, 23 alleged gang members faced deportation after being
being arrested in a four-day operation; unmentioned was whether any of
them are undocumented;<br><br>
-- on August 25, 15 Latinos were arrested in San Antonio, TX on alleged
drugs trafficking charges;<br><br>
-- on August 11, 50 arrests were made on charges of "enter(ing) into
sham marriages to gain citizenship," including those undocumented
and their US citizen wives;<br><br>
-- on July 31, 53 alleged South Florida gang members and associates were
arrested in a two-day operation; some "were found to be in violation
of the immigration law (and) were processed for removal from the United
States;"<br><br>
-- on July 31, eight San Francisco area alleged gang members and
associates were seized "during a six hour surge;" some were
"foreign nationals who are being processed for
deportation;"<br><br>
-- on June 30, 116 alleged gang members, their associates and
"immigration status violators" were targeted in a five day
operation in Houston, Beaumont, and Corpus Christi, TX;<br><br>
-- on June 30 in the Dallas-Fort Worth Metroplex, 81 others were
arrested; foreign-born ones seized were from Mexico, El Salvador,
Honduras and Laos;<br><br>
-- on February 25, 28 "illegal workers" were arrested at Yamato
Engine Specialists in Bellingham, WA during an earlier Obama
administration raid; and<br><br>
On February 18, the Washington Post reported that "immigration
officers had been raiding targets across Prince George's and Montgomery
counties all night long in search of fugitive and criminal immigrants but
only netted a handful."<br><br>
Earlier, a Baltimore ICE supervisor warned about being well behind
"a Washington-mandated annual quota of 1000 arrests per team"
and ordered his agents to seize more saying: "I don't care where you
get more arrests, we need more numbers," and apparently he meant
from any street corner, work place, or personal residence. An hour later,
24 Latino men were seized at a nearby 7-Eleven store.<br><br>
Since established in 2003, Congress appropriated hundreds of millions of
dollars to let ICE "bring in tens of thousands of immigrants who
have not evaded a deportation order or committed a crime...." Since
then, it continued the operation, and, during 2007 and 2008, expanded
tactical home entries using militarized agents for illegal warrantless
raids without the consent of their owners.<br><br>
On July 26, The New York Times reported that:<br><br>
"Federal immigration squads with shotguns and automatic weapons
(are) forcing their way into citizens' homes without warrants or lawful
consent, shoving open doors and climbing through windows in predawn
darkness, pulling innocent people from their beds, holding groggy
occupants at gunpoint, (and) taking people away without explanation -
after invading the wrong house."<br><br>
"This is a true account of the depths to which the Bush
administration sank in its twilight, when immigration enforcement was
ramped up to a feverish extreme." Shamefully, these practices
continue under Obama.<br><br>
A recent New York City Cardozo School of Law Immigration Justice Clinic
(IJC) study titled "Constitution on Ice: A Report on Immigration
Home Raid Operations" examined the problem in New York, New Jersey,
and Long Island from 2006 - 2008 and included other examples in
California, Texas, Massachusetts, Georgia and elsewhere. Researchers
documented a nationwide assault on poor immigrant workers, the great
majority being Latinos. Many times ICE broke into homes, seizing all
occupants "without legal basis."<br><br>
IJC discovered a systematic pattern of misconduct "suggest(ing it)
may be a widespread national phenomenon reaching beyond" the areas
studied. It involves:<br><br>
-- illegal ICE agent entries with no legal authority;<br><br>
-- illegally arresting people randomly, including innocent ones in their
bedrooms;<br><br>
-- conducting lawless searches and seizures in violation of the Fourth
Amendment; and<br><br>
-- making arrests based on ethnicity, race, appearance, and English
proficiency.<br><br>
These police state tactics have no place in a democracy, yet ICE (on its
web site) lists dozens of monthly swat-type raids, often against innocent
people and their families in their homes. IJC described them this
way:<br><br>
A typical home raid has "a team of heavily armed ICE agents
approaching a private residence in the pre-dawn hours, purportedly
seeking an individual believed to have committed some civil immigration
violation. Agents, armed only with administrative warrants, which do not
grant them legal authority to enter private dwellings, then push their
way in when residents answer the door, enter through unlocked doors or
windows or, in some cases, physically break into homes."<br><br>
All occupants are then seized and interrogated with no legal authority,
and often "no target is apprehended." These aren't random,
standard operating procedures in violation of the Fourth Amendment that
protects citizens and non-citizens alike. The Office of Detention and
Removal (DRO) conducts them cooperatively with the Office of
Investigations (OI), charged with investigating national security
threats, immigration violations, and various other suspected
crimes.<br><br>
Home raid operations include:<br><br>
-- the National Fugitive Operations Program (NFOP) using over 100
seven-person Fugitive Operations Teams (FOTs) to target individuals for
deportation;<br><br>
-- Operation Cross Check focusing on specific immigrant populations or
ones working in certain industries like dangerous, low-paying meat
packing operations, unattractive to workers able to find safer,
better-paying jobs;<br><br>
-- Operation Community Shield (OCS) against suspected immigrant gang
members; and<br><br>
-- Operation Predator against suspected immigrant sex offenders.<br><br>
Most often, high priority targets aren't seized. Instead,
"collateral arrests of mere (suspected) immigration status
violators" are made, and since 2006 the numbers expanded eight-fold
because of primarily relying on home raids despite their
illegality.<br><br>
On April 15, 1980 in Payton v. New York, the Supreme Court ruled that
"The Fourth Amendment....prohibits the police from making a
warrantless and nonconsenual entry into a suspect's home in order to make
a routine (criminal or civil) felony arrest." Such "entry....is
the chief evil against which the wording of the Fourth Amendment is
directed." <br><br>
Searches are also prohibited. Only an adult resident's consent permits
either or both. Administrative warrants have no authority, and police may
only interrogate suspects based on "reasonable suspicion" of
unlawful activity. "In addition, agents can never rely solely on the
racial or ethnic appearance or the limited English proficiency of an
individual to justify a seizure."<br><br>
DHS' own regulations cover these restrictions, and ICE's Detention and
Deportation Officer's Field Manual states:<br><br>
"Warrants of Deportation and Removal are administrative rather than
criminal, and do not grant the authority to breach doors. Thus informed
consent must be obtained from the occupant of the residence prior to
entering."<br><br>
Nonetheless, "empirical data drawn from ICE's own arrest records
(obtained by Freedom of Information Act lawsuits) strongly suggest a
significant and disturbing pattern of (agency) misconduct during home
raids" during which over 1000 people were seized. The evidence is
alarming and shows "an unacceptable level of illegal entries"
in clear violation of the law. In addition, most arrest records indicate
"no basis for the initial seizure" and a disturbing racial
profiling pattern against Latinos.<br><br>
In recent years, defense lawyers increasingly have used suppression
motions to prevent illegally obtained evidence being used. Earlier, they
were rare in immigration courts, given the Supreme Court's decision in
INS v. Lopez-Mendoza (July 5, 1984) that deportation proceedings
are:<br><br>
"civil action(s) to determine a person's eligibility to remain in
this country....not to punish past transgressions. (As such) various
protections (including suppression motions don't generally) apply....in a
deportation hearing." <br><br>
In immigration courts, they're not standard procedures. Since 2006,
however, they're more often used because the High Court also
"reasoned that the exclusionary rule may (apply) in immigration
proceedings for egregious and widespread Fourth Amendment
violations" even though prevailing in immigration cases remains
challenging, expensive, and time-consuming.<br><br>
Political and Local Law Enforcement Concerns<br><br>
ICE often requests operational help from local police who complain that
Fourth Amendment violations undermine their central crime suppression
mission. Political leaders voice similar concerns. New York state Senator
Kirstin Gillibrand said she was "appalled by some of the practices I
have heard about," and New Haven Mayor John DeStefano said "We
won't stand for the violation of constitutional rights and racial
profiling" in reacting to city raids.<br><br>
In September 2007, the Nassau County Police Department pulled out of an
operation it agreed to because of "serious allegations of misconduct
and malfeasance." In this case, no warrants were used, not even
administrative ones. ICE fraudulently claimed they weren't needed because
consent to enter all homes was received. In response, Nassau County
Police Commissioner, Lawrence Mulvey, said: <br><br>
"In my 29 years of police work, I have executed countless warrants
and have sought to enter countless homes. ICE's claim that they received
100% complaince with their requests to enter is not credible even under
the best of circumstances."<br><br>
Evidence Suggests a National Pattern of Constitutional
Violations<br><br>
Since 2006, lawsuits have been filed against ICE "in every region of
the country - including two large class actions" and several with
multiple defendants - all alleging a similar pattern of
misconduct.<br><br>
They pertain to illegally entering private homes as well as other
misconduct charges. In March 2009, Jimmy Slaughter, an Arizona DHS
officer, filed suit as well, stating:<br><br>
"I was at home with my wife when the door bell rang. I opened the
door and noticed approximately 7 uniformed ICE agents with vests and
guns....I opened the door to look at the paperwork and five agents
entered my house....The agents then told my wife to stand in the center
of 'OUR' living room. Not once did anyone say they had a
warrant."<br><br>
Numerous other instances confirm a national pattern of constitutional
violations, including:<br><br>
-- unannounced pre-dawn raids; <br><br>
-- illegal entries into private homes, at times forcibly with drawn guns;
<br><br>
-- some with administrative warrants; others with none; often with no
probable cause or consent;<br><br>
-- unconstitutional searches and seizures;<br><br>
-- all occupants arrested and interrogated;<br><br>
-- commonplace use of excessive force; and<br><br>
-- at times, individuals prevented from calling attorneys.<br><br>
New York Immigration Judge Noel Brennan ruled on one case
saying:<br><br>
"It is hard for me to fathom a country or a place in which we live
in which the Government can barge into one's house without authority from
the Third Branch after a probable cause finding. So for all these reasons
I find that what is essentially a warrantless search in the meaning of
the Fourth Amendment....was an egregious violation, and therefore I
suppress all the evidence and order these proceedings
terminated."<br><br>
ICE's 2006 Policy Changes<br><br>
Three new memoranda issued dramatic enforcement changes that led to and
facilitated nationwide home raids. Fugitive Operation Team (FOT) annual
quotas were raised eight-fold (from 125 to 1000 arrests) and didn't have
to include "criminal aliens."<br><br>
Another change permitted "collateral" arrests of suspected
civil immigration status violators. These actions "incentivized the
pattern of unlawful behavior" and put tremendous pressure on ICE
agents to deliver. As a result, home raids increased sharply and
illegally. Wrongful arrests became common. Easy targets were chosen,
including women and children, often at the expense of real criminals
remaining at large.<br><br>
Immigrants are some of "the most vulnerable of populations in this
nation's legal system." Most are poor, are unfamiliar with the law,
and many speak imperfect or limited English. Often those seized have no
lawyers, are kept in detention, and are then deported summarily with no
ability to pursue justice. In addition, "traditional civil remedies
are (often) ineffective deterrents to unlawful ICE home
raids."<br><br>
IJC Policy Recommendations<br><br>
Major constitutional issues are at stake making everyone potentially as
vulnerable as immigrants. If authorities can get away with constitutional
violations against some, they can do it against anyone. That said, IJC
recommends the following:<br><br>
-- home raids should only be for criminal arrests or civil ones in cases
posing real risks to national security or for persons with violent
criminal records;<br><br>
-- judicial warrants should be required, not administrative
ones;<br><br>
-- in all cases, "high-level centralized pre-approval in advance of
any home raid operation" should be required;<br><br>
-- if judicial warrants aren't obtained, residents' consent should be
required after informing them "explicitly and clearly" of their
right to refuse before entry is made;<br><br>
-- in all pre-dawn and nighttime raids, judicial warrants should be
required;<br><br>
-- in all cases, a high-level supervisor should be involved on
site;<br><br>
-- home raids should be videotaped;<br><br>
-- ICE agents should be trained on home raid procedures stressing
compliance with the law at all times;<br><br>
-- local law enforcement agencies should be apprised of raids and their
results; <br><br>
-- they should not be asked to participate in or facilitate lawless
activities;<br><br>
-- emphasis should be on arresting dangerous criminals, not collateral
ones to meet quotas;<br><br>
-- arrests should be race, ethnicity, and English proficiency
neutral;<br><br>
-- agent misconduct should be assessed and properly addressed;<br><br>
-- a clear public complaint procedure should be established; and<br><br>
-- illegally obtained evidence should be disallowed.<br><br>
Obama Administration's Immigrant Detention Policies<br><br>
On August 7, Washington Post writer Spencer Hsu headlined, "Agency
Plans to Improve Oversight of Immigrant Detention" in saying the
Obama administration intends to "restructure the nation's
much-criticized immigration detention system by strengthening federal
oversight and seeking to standardize conditions in a 32,000-bed system
now scattered throughout 350 local jails, state prisons and contract
facilities."<br><br>
Since 1979, the National Immigration Law Center (NILC) has represented,
protected, and promoted "the rights of low income immigrants and
their family members (and) earned a national reputation as a leading
expert on immigration, public benefits, and employment laws affecting
immigrants and refugees."<br><br>
It calls US immigrant detention centers "A Broken System" in a
recent report that presents "the first-ever system-wide look at the
federal government's compliance with its own standards regulating
immigrant detention facilities....based on previously unreleased
first-hand reports of monitoring inspections."<br><br>
Annually, over 320,000 immigrants are incarcerated. They face enormous
obstacles challenging their detention, and they're held under conditions
"as bad as or worse than those faced by imprisoned criminals."
They're kept in three types of facilities:<br><br>
-- ICE owned and operated Service Processing Centers (SPCs);<br><br>
-- privately run Contract Detention Facilities (CDFs); and<br><br>
-- Intergovernmental Service Agreement Facilities (IGSAs) holding
two-thirds of detainees - mostly state or county jails plus a small
number in US Bureau of Prisons or other facilities.<br><br>
Since 1992, immigrant detentions have increased from 6,259 to 20,000 in
early 2006 to the current 31,000 total - a number that continues to grow
due to policies discussed above.<br><br>
NILC learned that detention standards are poorly regulated and that
government efforts to monitor compliance have been "woefully
deficient and in need of a major overall." Testimony obtained from
ICE employees revealed that monitoring is understaffed. Before
inspections, facilities get at least 30 days notice to fix or cover up
problems and abuses in advance. Multiple review levels are used, yet
headquarters rarely requires violations to be corrected and often gives
facilities "higher overall assessments than the review team's
original ones."<br><br>
Systemic problems were also uncovered pertaining to annual review
procedures and their inadequately identifying and correcting
noncompliance with acceptable standards. ICE plans to let private
contractors monitor compliance, yet current failures suggest that new
management will let a broken system fester and worsen as the detention
population grows and overcrowded facilities get further stretched.
<br><br>
Despite repeated calls for reform, greater transparency, accountability,
and better controls, "the government has not taken effective
measures to ensure that even its nonbinding standards are met." It
shows an appalling indifference to some of the nation's most vulnerable
people, no match against a system in place to repress them.<br><br>
Currently, numerous violations are systemic, serious, and numerous. They
include:<br><br>
(1) Visitations by family, lawyers and others<br><br>
Detainee visitations are severely restricted in violation of clear
constitutional and statutory rights, especially to free access to counsel
and close family members.<br><br>
(2) Recreation<br><br>
Standards require safe recreational time for physical, mental and
emotional well-being, including for those with special needs or in
segregation. Yet they're routinely denied or offered at the discretion of
facility staff. In addition, programs are way inadequate, and many
detainees get limited or no access to outdoor recreation and a chance to
interact with others in a natural environment.<br><br>
(3) Telephone access<br><br>
Many facilities didn't comply with standards. Monitoring of confidential
legal calls was conducted, and restrictive time limits were imposed.
Numerous facilities also prevented detainees from contacting courts,
consulates, and getting access to free legal service providers.<br><br>
(4) Access to Legal Material<br><br>
Immigration law is so complex that good counsel is essential. Yet it's
expensive and few detainees can afford it. Instead they must rely on pro
bono help if available or their own resourcefulness. Standards require
facilities to have a law library and an adequate environment to research
and prepare legal documents. Yet numerous facilities have none, and the
limited information on hand is inadequate and outdated. Still other
facilities require specific document requests, even though detainees have
no way to know what applies to their case.<br><br>
(5) Group Presentations on Legal Rights<br><br>
Facilities are required to let authorized attorneys or representatives,
on written request, conduct immigration law and detainee rights
presentations. Few do it, and individual counseling is also
limited.<br><br>
(6) Correspondence and Other Mail<br><br>
Most facilities restrict access, monitor incoming and outgoing mail, and
confiscate items at times. As a result, confidential correspondence is
compromised. At times, identity documents are destroyed. Detainees miss
court deadlines, and they're intimidated from freely sending and
receiving mail.<br><br>
(7) Administrative and Disciplinary Segregation<br><br>
It's supposed to be non-punitive isolation to ensure detainee safety or
facility security. Instead it's done punitively for extended periods for
even slight rule infractions. Reports also uncovered severe privilege
restrictions, unsanitary conditions, and poor health care protection for
segregated detainees and the entire facility population.<br><br>
(8) Disciplinary Policy<br><br>
They're supposed to protect detainees from arbitrary disciplinary actions
with rules conspicuously posted so they're known and can be obeyed. Yet
most facilities don't do it.<br><br>
(9) Detainee Handbook<br><br>
Facilities are required to develop and make available a
"facility-specific handbook" covering policies, rules, and
procedures. However, those having them "presented an inaccurate or
incomplete picture of facility policy" because important information
was missing, erroneous, incomplete, or inappropriate.<br><br>
(10) Hold Rooms in Detention Facilities<br><br>
Physical space requirements and design specifications are supposed to be
followed and monitored. Yet poor compliance was found, including
inadequate toilet facilities and detainees held there too long in
violation of rules requiring a maximum of 12 hours.<br><br>
(11) Detainee Grievance Procedures<br><br>
They're to assure detainees can file grievances with uninvolved officers
without fear of retaliation. Widespread noncompliance was found, and most
often facilities don't inform detainees of their rights.<br><br>
(12) Detainee Transfers<br><br>
Procedures are to protect their security in transit and make a traumatic
experience easier, especially when to locations remote from their
families. Transfers also interfere with attorney-client relations and
harm constitutionally protected due process rights.<br><br>
(13) Funds and Personal Property<br><br>
Rules are supposed to safeguard detainees' money and personal property
with written procedures for receiving, processing, storing, and returning
them. Evidence showed instances of theft, forfeiture of funds and
property, and failure to conduct audits to assure none of this would
happen.<br><br>
(14) Admission and Release<br><br>
Official procedures protect the health, safety, and welfare of detainees.
Most facilities don't do it, including providing proper medical care and
personal hygiene considerations from admission to the time of
release.<br><br>
NILC concluded that "the nation's immigrant detention system is
broken to its core (and) reveals pervasive and extreme violations of the
government's own detention standards as well as fundamental violations of
basic human rights and notions of dignity."<br><br>
On August 6, the Obama administration announced remedial plans amounting
only to a cosmetic fix for a dysfunction system. A day ahead, The New
York Times headlined "US to Reform Policy on Detention for
Immigrants" and called the effort "an ambitious plan....to
overhaul the much-criticized way the nation detains immigration
violators, trying to transform it (into) a 'truly civil detention
system.' "<br><br>
According to ICE Assistant Secretary, John Morton, ICE will create an
Office of Detention Policy and Planning (ODPP) effective immediately. DHS
Secretary Janet Napolitano said:<br><br>
"This change marks an important step in our ongoing efforts to
enforce immigration laws smartly and effectively. We are improving
detention center management to prioritize health, safety and uniformity
among our facilities while ensuring security, efficiency and fiscal
responsibility."<br><br>
What's planned, in fact, is more centralized control and better ways to
track, process, incarcerate, and/or deport growing numbers of
undocumented immigrants - not treat them humanely as international law
and DHS/ICE regulations stipulate.<br><br>
The Obama administration has expanded and intensified the same harsh Bush
administration policies, and ICE's August 6 announcement signifies
nothing more than a cosmetic repackaging of a broken system.<br><br>
In May, the Obama administration asked Congress for a 30% funding
increase to expand the controversial Bush administration Secure
Communities program (begun in December 2007) to identify, arrest,
incarcerate, and deport undocumented immigrants, mostly Latinos from
Mexico and Central America.<br><br>
In declaring "zero tolerance" for undocumented immigrants,
he'll also keep building the $8 billion virtual border fence, planned for
hundreds of miles, and will continue the same harsh Bush administration
policies.<br><br>
On August 4, the Immigrant Solidarity Nework said that despite early
pledges that he'd moderate them, Obama "is pursuing an aggressive
strategy for an illegal-immigration crackdown that relies significantly
on programs started by his predecessor."<br><br>
They call for "no-nonsense immigration enforcement" followed
later in the year or early next year by immigration legislation to create
a new bracero program, among other harsh measures, that immigrant rights
group oppose. They also include extensive employee paperwork audits, an
expanded (and much criticized) program to verify worker immigration
status, and greater cooperation between federal and local authorities
while rejecting proposals for legally binding rules regarding detention
center conditions. Non-binding Bush administration ones still followed
hold no one accountable and let detainees be treated harshly under a
system described above.<br><br>
In response to Obama's decision, the National Lawyers Guild's Paromita
Shah, associate director of its National Immigration Project, said the
government is "disregard(ing) the plight of the hundreds of
thousands of immigration detainees" by continuing a dysfunctional
system. DHS "has demonstrated a disturbing commitment to policies
that have cost dozens of lives" and shows an appalling indifference
to the fate of defenseless people. <br><br>
Highlighting the plight of immigrants, the National Immigrant Justice
Center's Mary McCarthy described the current detention system as a
"human rights nightmare. The past administration created this, and
now we need to dismantle it." Instead, Obama officials plan to make
a "broken system" worse, then harden it with discriminatory
immigration reform legislation later in the year. According to University
of Houston immigration law Professor Michael Olivas, "We literally
have the worst of all worlds," and nothing is being planned to
improve it.<br><br>
<b>Stephen Lendman</b> is a Research Associate of the Centre for Research
on Globalization. He lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net.<br><br>
Also visit his blog site at sjlendman,blogspot.com and listen to The
Global Research News Hour on RepublicBroadcasting.org Monday - Friday at
10AM US Central time for cutting-edge discussions with distinguished
guests on world and national issues. All programs are archived for easy
listening.<br><br>
<br><br>
<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>