ICE detains U.S. citizen for 3 weeks

Discussion in 'Politics, Religion, Social Issues' started by lostngone, Jul 23, 2019.

  1. lostngone macrumors 65816

    lostngone

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  2. Sydde macrumors 68020

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    Francisco Galicia was released by Immigration today. He was picked up three weeks ago at an inland checkpoint, many miles from the southern border. Galicia is, of course, a US citizen, who lives in a northern suburb of McAllen Texas, but border patrol thought he looked suspicious.

    Border patrol is supposed to hold people for a maximum of 72 hours. They seem to be doing rather badly at that, in at least one case exceeding the max by more than twenty six thousand hours (three years).

    As far as racial profiling, I think they are generally not supposed to be doing that, but who knows what kind of orders this administration is handing down to them. It seems as though the money being spent in this area is accomplishing nothing positive and making the US look bad to everyone, including a significant fraction of its own citizens.
     
  3. jkcerda macrumors 6502a

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  4. Glockworkorange macrumors 68000

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    We typically take about a 1/3 if not billing by the hour. If there is a recovery, the litigant will see most of the money, of that I can assure you.
     
  5. JayMysterio macrumors 6502a

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    I was just reading this after I saw it on TV earlier.

    The fact that they intentionally ignored his documentation when finally presented, is the ICEing on this crap cake.
     
  6. raqball macrumors 68000

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    No process is perfect. Unless they did it intentionally after knowing he was a US citizen then the civil courts will apply a remedy...

    Sucks for him but these things happen...
     
  7. jkcerda macrumors 6502a

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    source please
     
  8. JayMysterio macrumors 6502a

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    https://www.dallasnews.com/news/imm...zen-picked-border-patrol-detained-three-weeks

     
  9. thekev macrumors 604

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    This goes pretty far beyond the point of being an acceptable oversight. Over a period of 3 weeks, an adult may need to pay several bills, including rent or mortgage. They may have responsibilities at their job, which must now be handled by others. From the other end, I would expect the arresting agency to have remedial measures in place to expedite such a process. If not, they should just let him go. The ability to let it slide for so long puts the pressure on the arrestee rather than the agency that made the arrest. That is just problematic in itself.
     
  10. lostngone, Jul 23, 2019
    Last edited: Jul 23, 2019

    lostngone thread starter macrumors 65816

    lostngone

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    Of course this is all talk and everyone talks big on the internet...

    However if that was me I would follow all the orders of the arresting(?) officers but after 72 hour limit I would be in a real jail for assaulting a guard/attempting escape or in an ICU. Of course after that then they would have a legal reason to detain me.
     
  11. LizKat macrumors 603

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    Yeah. Well it happens too often. 1480 "oops" releases of detaned citizens in 7 years representing a one in five chance of having busted a citizen?

    And sometimes way too long. How about 1273 days?

    It happens more often when there's an aggressive push on to deport undocumented immigrants. It has happened under both Obama and Trump administrations and involves reliance on faulty databases that don't even get corrected sometimes so the same citizen can even end up illegally detained again.

    This is not okay and they need to knock that figure down. In the past 7 years the review of citizenship claims by detainees turned up about 20% with claims deemed valid enough to spring them. One out of five claims? and the Justice department had done its own sstudy meanwhile and says that the successful claim rate of people detained and claiming US citizenship doubles if they have an attorney... some of the rules about birthright status are pretty arcane.

    https://www.latimes.com/local/lanow/la-me-citizens-ice-20180427-htmlstory.html

    Immigration officers in the United States operate under a cardinal rule: Keep your hands off Americans.

    But Immigration and Customs Enforcement agents repeatedly target U.S. citizens for deportation by mistake, making wrongful arrests based on incomplete government records, bad data and lax investigations, according to a Times review of federal lawsuits, internal ICE documents and interviews.

    Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

    Victims include a landscaper snatched in a Home Depot parking lot in Rialto and held for days despite his son’s attempts to show agents the man’s U.S. passport; a New York resident locked up for more than three years fighting deportation efforts after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a night in prison the second time even though her husband had brought her U.S. passport to a court hearing.​
     
  12. thekev macrumors 604

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    Eh, I don't really talk that big. I'm saying that this definitely exceeds the level of a forgivable oversight in that it should never happen. I'm not sure what would motivate these people to try to keep someone detained beyond normal limits. It seems like the willingness to do that is a pretty significant failure in itself.
     
  13. raqball macrumors 68000

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    Yet I said absolutely nothing about it being a forgivable oversight....

    I said:

    No process is perfect. Unless they did it intentionally after knowing he was a US citizen then the civil courts will apply a remedy...

    Sucks for him but these things happen...
     
  14. A.Goldberg macrumors 68020

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    Wow, that’s crazy and absolutely unacceptable. Based on the limited information it seems to me this guy deserves compensation and someone/people very possibly should be fired.

    That said, I can’t say I’m surprised. Given the cluster-f that government operations generally are plus the ICE’s resources being stretched less than paper thin it’s not hard to imagine mistakes happen.
     
  15. thekev macrumors 604

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    I try not to read into things to deeply or pick them apart in a way that isn't consistent with the original context. I don't think I misrepresented anything here.

    I found the quoted sections to be pretty dismissive. I don't think that doubts about his citizenship are sufficient to hold the guy for 3 weeks. I have driven past that same area. At the time, I probably had my license and vehicle registration. I would not have been carrying a birth certificate, passport, social security card, utility bill, etc.

    This really is the kind of thing that should never happen though. It's not a case of "these things happen" in my mind. It's a case that warrants thorough investigation and policy review, as these agencies have sufficient resources to ensure this never happens. Three weeks is quite a long time for an agency to sit on a case file. They should have simply dismissed it quickly.

    As I mentioned, there are other immediate factors that could present an issue for the guy, depending on his immediate financial situation. If his car has been sitting in an impound lot for 3 weeks, that alone would be a pretty significant emergency expense.
     
  16. lostngone thread starter macrumors 65816

    lostngone

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    Sorry, I wasn’t referencing you with my talking big comment, I was just prefacing the statement I typed below that comment. Meaning, I would like to think I would try and stand up for my rights while being illegally detained a but talk is cheap.
     
  17. satcomer macrumors 603

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  18. jkcerda macrumors 6502a

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    it was his moms fault.
     
  19. LizKat macrumors 603

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    You can understand why she did what she did though. AND, so can the authorities. It's not beyond them to sort through that and get the picture... and release the detainee. Or for a lawyer to pick through it and succesfully press the claim. But what if you can't afford a lawyer. That was what the Justice Department study was discovering, that the chance of having a citizenship claim validated actually doubled if the assistance of an attorney was in the mix. It comes back to the arcane nature of the immigration policies and definitions of status.
     
  20. JayMysterio macrumors 6502a

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    Which she tried to rectify by presenting proper ID, even if they did discount his own ID.

    None of which justifies any of this.

    ICE didn't seem to give a :mad: they might have a US citizen despite documentation shown, and only sought to resolve things after the press got involved.
     
  21. jkcerda macrumors 6502a

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    when you have proper mexican documents listing your as being born there and U.S documents as well, how do you know which ones are good? his brother was deported because he was illegal.
     
  22. JayMysterio macrumors 6502a

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    I'm thinking anyone, anyone, would like to imagine if proper documentation is shown to authorities to rectify a situation, the authorities would consider those documents.

    Not after the press becomes involved.

    Bear in mind, he had his STATE ID on him. I have a state ID, meaning my driver's license, I have never imagined I need more on my person.
     
  23. jkcerda macrumors 6502a

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    illegals have state ID here, now I am supposed to get a "real ID" :rolleyes:
    they were stupid, they should have let him go and go get him again IF it was determined the documents were fake. do you make a good point about documents, who the hell carries more than just their ID? the more you carry the more you can lose if you lose your wallet or it's stolen.
     
  24. jerwin macrumors 68020

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    It is better that ten guilty persons escape than that one innocent suffer. ---BLACKSTONE.
     
  25. duffman9000 macrumors 68000

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    When traveling through the middle of the country, where anyone brown is deemed Mexican and illegal, I carry my passport.
     

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57 July 23, 2019