Now, let’s start with this, which is going around
Similar misleading information is being published in many Credentialed Media outlets, but,
Judge orders Trump administration to halt warrantless immigration arrests in District of Columbia
A federal judge Tuesday night ordered the Trump administration to cease its campaign of arresting immigrants in Washington, D.C. without a warrant or probable cause of a flight risk, warning that the White House’s mistreatment of immigrants could put Americans overseas at risk.
U.S. District Judge Beryl Howell ruled that, while federal agents may have the authority to make warrantless immigration arrests, the way that authority has been used on the immigrant community in Washington was likely unlawful.
“Defendants are preliminarily enjoined from enforcing their policy of conducting warrantless civil immigration arrests without probable cause to believe that the arrestee is likely to escape before an administrative warrant can be obtained,” Howell wrote in the 88-page opinion.
Is this ruling based on actual federal law? Because there doesn’t seem to be any law that requires ICE to get warrants or not detain illegal aliens at or near courthouses. Beryl, who looks to be the very definition of an AWFL, looks to be making it up as she goes, and will surely be overruled on appeal. As usual.
“First, ‘as a general rule, it is not a crime for a removable alien to remain present in the United States,’” Howell wrote, citing the Supreme Court’s decision in Arizona v. United States. “As a legal matter, an immigration status violation is a civil violation. Consequently, viewing all immigrants potentially subject to removal as criminals is, as a legal matter, plain wrong.”
Except, 8 U.S. Code § 1325 says anyone illegally present in the U.S. can get a small fine, potential incarceration, and then deportation. Anyhow, this ruling only applies to D.C., not nationally, but, as one Twitter reply notes
So let me get this straight:
An illegal alien with a deportation order can now walk into any courthouse in America, beat a domestic violence case, get custody of his kids, or literally anything else… and ICE is legally barred from touching him.
But if you or I miss a single court date for a traffic ticket, there’s a warrant out in 24 hours.
Yup.
