Fourth Amendment
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The War Against “Illegal Aliens” (Part 4)
A federal statute, 8 U.S.C. §1357(a)(1), authorizes federal immigration officers to briefly detain “any alien or person believed to be an alien,” for the purpose of interrogating him “as to his right to be or to remain in the United States.” At least until very recently, federal immigration officers working under the Department of Homeland… Continue reading
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RE: REMOVING “ILLEGAL” IMMIGRANTS
To accomplish the mass deportation of undocumented immigrants that President Trump wants, federal immigration agents raid sites where they suspect a large number of “illegal” immigrants can be found. At those sites, the agents temporarily stop the individuals found there to ask them if they are citizens. If any individuals fail to assert their citizenship… Continue reading
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RE: ICE Raids
In conducting raids against “illegal” immigrants, the federal government has admitted that its policy is to authorize the arrest, without a warrant, of “immigrants” reasonably suspected of being “illegal immigrants,” based upon 1) their “apparent ethnicity”, 2) the language they speak, 3)the accent they speak it with, and 4) their presence in a location commonly… Continue reading
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RE: Trump’s Venezuelan Gangs
In his effort to deport citizens of Venezuela who may be living in the United States illegally, President Trump has invoked the Alien Enemies Act, codified at 50 U.S.C. §§ 21-24. That Act authorizes the President to deport and even imprison “alien enemies” found in the United States after he has publicly proclaimed that an… Continue reading
CONSTITUTIONAL INTERPRETATIONS 