Court Rules Against Immigration Officers’ ‘knock and arrest’ Practice; Judge Spanks DHS for Sending Officers to Illegal Immigrants’ Homes

Court rules against immigration officers’ ‘knock and arrest’ practice:

A federal judge in LA rules that a practice by US Immigration and Customs Enforcement (ICE) of conducting warrantless searches by impersonating local law enforcement was ‘unconstitutional’

Immigrant rights advocates were handed a victory by a federal judge in Los Angeles who ruled that a practice by US Immigration and Customs Enforcement (ICE) of conducting warrantless searches by impersonating local law enforcement was “unconstitutional,” it was announced Thursday.

US District Judge Otis D. Wright II granted the plaintiffs’ motion for summary judgment Wednesday in a set of claims concerning ICE‘s “knock-and-talk” practice in Kidd v Mayorkas, a class-action lawsuit challenging the allegedly deceptive home arrest practices in Los Angeles and the surrounding region.

The lawsuit was filed four years ago by the American Civil Liberties Union Foundation of Southern California on behalf of Osny Sorto-Vasquez Kidd, a Hacienda Heights man and recipient of Deferred Action for Childhood Arrivals, and two community organizations that alleged ICE officers routinely wear uniforms labeled “police” and identify themselves as federal immigration officers only after making an arrest.

“Everyone should feel safe in their own home, regardless of immigration status,” said ACLU staff attorney Stephanie Padilla. “Because ICE never has judicial warrants, they primarily rely on `knock and talks’ to conduct home arrests. This order should significantly curtail ICE’s unconstitutional home arrest practices.”

An ICE representative did not immediately respond to a request for comment.

The plaintiffs alleged in federal court that ICE officers “routinely trespass on community members’ porches and other private areas surrounding their homes … without permission or a judicial warrant,” the suit states.

According to the ACLU, Kidd was arrested by ICE officers in October 2018 after the agents “used deception to enter his home without a warrant or valid consent and to persuade him to exit his home.” —>READ MORE HERE

Judge spanks DHS for sending officers to illegal immigrants’ homes:

A federal judge delivered a rebuke to the Department of Homeland Security over deportation officers’ practice of approaching illegal immigrants at their homes, ruling that “knock and talk” violates the Constitution.

Judge Otis D. Wright II said U.S. Immigration and Customs Enforcement officers in the Los Angeles area were using knock-and-talk as a pretext for arresting a target. He said that runs afoul of the Fourth Amendment.

“While ‘knock and talks’ — as defined by the United States Supreme Court — are considered constitutional, ‘knock and talks’ — as defined and executed by [ICE] — are not,” the judge wrote. “Considering the policies and practices governing how ICE conducts its ‘knock and talks,’ the more accurate title for certain law enforcement operations would be ‘knock and arrests.’”

Knock-and-talks have long been part of investigative police tactics. Judge Wright said they are legal as long as officers approach the resident to ask questions as any other citizen could do.

Residents are under no obligation to talk.

Judge Wright, appointed by President George W. Bush to the federal court in the Central District of California, said ICE officers are using the approach as a pretext to engage people they intend to arrest.

The judge noted that ICE officers used knock-and-talk approaches to lure targets outside their homes to make arrests.

The officers would be on firm footing if they had a criminal arrest warrant, but deportation is a civil matter. ICE officers usually have only an administrative arrest warrant, which Judge Wright said is insufficient justification for intruding on property.

He said ICE’s policies specifically describe knock-and-talks as one of the “primary methods of apprehension” and as an “arrest operation.”

Matthew J. O’Brien, a former immigration judge and ICE lawyer, said the judge bungled the law. —>READ MORE HERE

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