immigrations and customs enforcement

npr.org
U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court
Davino Watson was imprisoned as a deportable immigrant for 1,273 days, despite having U.S. citizenship. Now a court says he is not eligible for $82,500 in damages he was awarded.

After Davino Watson was released, he filed a complaint. Last year, a district judge in New York awarded him $82,500 in damages, citing “regrettable failures of the government.”

On Monday, an appeals court ruled that Watson, now 32, is not eligible for any of that money — because while his case is “disturbing,” the statute of limitations actually expired while he was still in ICE custody without a lawyer.

For anyone keeping score at home...

Unfilled positions in the Trump administration (Total: 114):

–State Department:

  • Under Secretary for Management
  • Assistant Secretary for Legislative Affairs
  • Assitant Secretary for European/Eurasian Affairs
  • Under Secretary for Arms Control/International Security Affairs
  • Under Scretary for Political Affairs
  • Under Secretary for Public Diplomacy
  • Under Secretary for Civilian Security, Democracy, and Human Rights
  • Under Secretary for Economic Growth, Energy, and the Environment
  • Assistant Secretary for Intelligence and Research
  • Assistant Secretary for Near Eastern Affairs
  • Assistant Secretary for Diplomatic Security
  • Assistant Secretary for African Affairs
  • Assistant Secretary for East Asian and Pacific Affairs
  • Assistant Secretary for Economic and Business Affairs
  • Assistant Secretary for Educational and Cultural Affairs
  • Assistant Secretary for International Organizational Affairs
  • Assistant Secretary for International Security and Non-proliferation
  • Assistant Secretary for Population, Refugees, and Mirgration
  • Assistant Secretary for Verification and Compliance
  • Assistant Secretary for Western Hemisphere Affairs
  • Assistant Secretary for Democracy, Human Rights, and Labor
  • Assistant Secretary for Oceans and International Environmental and Scientific Affairs
  • Assistant Secretary for South Asian Affairs
  • Assistant Secretary for Political-Military Affairs

–Defense:

  • Under Secretary for Intelligence
  • Under Secretary for Acquisition, Technology, and Logistics
  • Assistant Secretary for Special Ops and Low Intensity Conflict
  • Assistant Secretary for Legislative Affairs
  • Under Secretary for Personnel and Readiness
  • Assitant Secretary for Nuclear, Chemical, and Biological Defense
  • Under Secretary for Policy
  • Assitant Secretary for Acquisition
  • Assistant Secretary for Research and Engineering
  • Assistant Secretary for Strategy, Plans, and Capabilities
  • Assistant Secretary for Manpower and Reserve Affairs
  • Assistant Secretary for Health Affairs
  • Assistant Secretary for Asian and Pacific Security Affairs

–Commerce:

  • Deputy Secretary
  • Under Secretary for Economic Affairs
  • Under Secretary for International Trade
  • Assistant Secretary for Legislative and Intergovernmental Affairs
  • Assistant Secretary for Communications and Information
  • Under Secretary for Industry and Security
  • Assistant Secretary for Export and Administration
  • Assistant Secretary for Global Markets
  • Under Secretary for Oceans and Atmosphere
  • Under Secretary for Standards and Technology
  • Under Secretary for Intellectual Property
  • Assistant Secretary for Administration
  • Assistant Secretary for Export Enforcement
  • Assistant Secretary for Economic Development
  • Assistant Secretary for Enforcement and Compliance
  • Assistant Secretary for Industry and Analysis
  • Assistant Secretary for Oceans and Atmosphere
  • Assistant Secretary for Environmental Observation and Prediction

–Treasury:

  • Deputy Secretary
  • Under Secretary for International Affairs
  • Assistant Secretary for Financial Institutions
  • Assistant Secretary for Legislative Affairs
  • Assistant Secretary for Intelligence and Analysis
  • Assistant Secretary for International Finance
  • Assistant Secretary for International Markets and Development
  • Assistant Secretary for Tax Policy
  • Under secretary for Domestic Finance
  • Assistant Secretary for Financial Markets
  • Assistant Secretary for Economic Policy
  • Assistant Secretary for Financial Stability

–Justice:

  • Assistant Attorney General for Legal Counsel
  • Assistant Attorney General for Legislative Affairs
  • Assistant Attorney General for General Criminal Division
  • Assistant Attorney General for Legal Policy
  • Assistant Attorney General for Antitrust
  • Assistant Attorney General for Civil Rights
  • Assistant Attorney General for Environment and Natural Resources
  • Assistant Attorney General for National Security
  • Assistant Attorney General for Civil Division
  • Assistant Attorney General for Tax Division
  • Assistant Attorney General for Justice Programs

–Agriculture:

  • Deputy Secretary
  • Under Secretary for Research, Education, and Economics
  • Under Secretary for Rural Development
  • Under Secretary for Marketing and Regulatory Programs
  • Under Secretary for Food Nutrition and Consumer Services
  • Under Secretary for Farm and Foreign Agricultural Services
  • Under Secretary for Natural Resources and Environment
  • Assistant Secretary for Administration
  • Assistant Secretary for Civil Rights
  • Assistant Secretary for Congressional Relations

–Energy:

  • Deputy Secretary
  • Under Secretary for Management and Performance
  • Under Secretary for Science
  • Under Secretary for Nuclear Security
  • Assistant Secretary for International Affairs
  • Assistant Secretary for Environmental Management
  • Assistant Secretary for Electricity Delivery and Energy Reliability
  • Assistant Secretary for Congressional and Intergovernmental Affairs
  • Assistant Secretary for Energy Efficiency and Renewable Energy
  • Assistant Secretary for Fossil Energy
  • Assistant Secretary for Nuclear Energy

–Education:

  • Deputy Secretary
  • Assistant Secretary for Legislation and Congressional Affairs
  • Under Secretary
  • Assistant Secretary for Civil Rights
  • Assistant Secretary for Elementary and Secondary Education
  • Assistant Secretary for Post-Secondary Education
  • Assistant Secretary for Special Ed. and Rehab. Services
  • Assistant Secretary for Career, Technical, and Adult Education
  • Assistant Secretary for Planning, Evaluation, and Policy Development
  • Assistant Secretary for Communications and Outreach

–Labor:

  • Deputy Secretary
  • Assistant Secretary for Congressional and Intergovernmental Affairs
  • Assistant Secretary for Administration and Management
  • Assistant Secretary for Policy
  • Assistant Secretary for Employment and Training
  • Assistant Secretary for Employee Benefits Security
  • Assistant Secretary for Mine Safety and Health
  • Assistant Secretary for Occupational Safety and Health
  • Assistant Secretary for Veterans Employment and Training
  • Assistant Secretary for Disability Employment Policy

–EPA:

  • Deputy Administrator
  • Assistant Administrator for Enforcement and Compliance Assurance
  • Assistant Administrator for Administration and Resources Management
  • Assistant Administrator for Environment Information
  • Assistant Administrator for International Affairs
  • Assistant Administrator for Water
  • Assistant Administrator for Solid Waste and Emergency Response
  • Assistant Administrator for Air and Radiation 
  • Assistant Administrator for Chemical Safety and Pollution Prevention
  • Assistant Administrator for Research and Development

–Housing and Urban Development:

  • Deputy Secretary
  • Assistant Secretary for Community Planning and Development
  • Assistant Secretary for Fair Housing and Equal Opportunity
  • Assistant Secretary for Congressional and Intergovernmental Relations
  • Assistant Secretary for Administration
  • Assistant Secretary for Housing
  • Assistant Secretary for Policy Development and Research
  • Assistant Secretary for Public and Indian Housing

–Health and Human Services:

  • Deputy Secretary
  • Assistant Secretary for Financial Resources
  • Assistant Secretary for Aging
  • Assistant Secretary for Planning and Evalutaion
  • Assistant Secretary for Health
  • Assistant Secretary for Children and Families
  • Assistant Secretary for Preparedness and Response
  • Assistant Secretary for Legislation

–Interior:

  • Deputy Secretary
  • Assistant Secretary for Policy, Management, and Budget
  • Assistant Secretary for Insular Areas
  • Assistant Secretary for Land and Minerals Management
  • Assistant Secretary for Fish, Wildlife, and PArks
  • Assistant Secretary for Indian Affairs
  • Assistant Secretary for Water and Science
  • Solicitor

–Homeland Security:

  • Under Secretary for Management
  • Under Secretary for Intelligence and Analysis
  • Assistant Secretary for Transportation Security Administration
  • Under Secretary for National Protection and Programs Directorate
  • Under Secretary for Science and Technology
  • Assistant Secretary for Immigration and Customs Enforcement
  • Assistant Secretary for Policy

–Veterans Affairs:

  • Deputy Secretary
  • Assistant Secretary for Congressional and Lesgilative Affairs
  • Under Secretary for Benefits
  • Under Secretary for Health
  • Under Secretary for Memorial Affairs
  • Assistant Secretary for Information and Technology
  • Assistant Secretary for Policy and Planning

–Transportations:

  • Under Secretary for Policy
  • Assistant Secretary for Governmental Affairs
  • Assistant Secretary for Aviation and International Affairs
  • Assistant Secretary for Budget and Programs
  • Assistant Secretary for Tranportation Policy
  • Assistant Secretary for Research and Technology

–Executive Office of the President:

  • Deputy Director/Office of Management and Budget

–Small Business Administration:

  • Deputy Administrator

–Director of National Intelligence:

  • Principal Deputy Director

Source:

washingtonpost.com
Two Rockville High students arrested for allegedly raping classmate at school
A 14-year-old girl was raped in a bathroom stall during the school day, police charge.
By https://www.facebook.com/DanMorseWriter

Police arrested two ninth-graders, Henry E. Sanchez, 18, and Jose O. Montano, 17, who appeared in court Friday and were ordered held without bond.

Sanchez, a native of Guatemala who arrived in the United States about seven months ago, has a pending “alien removal” case against him, court officials said Friday.

Montano has been in the United States for about eight months, MacVittie said. Details about Sanchez’s removal case, or Montano’s immigration status, couldn’t immediately be learned Friday.

Gboyinde Onijala, a schools spokeswoman, said she could not comment on why Sanchez and Montano are only in ninth grade.

TRUTH:  Public schools are prohibited from asking legal status upon enrollment.  Public schools DO NOT do criminal background checks upon enrollment.  Public schools get funding for the number of butts in the seats.  Feel safe?

Federal Judge Blocks U.S. Deportation Of Iraqis Nationwide

A district court judge in Michigan has blocked Immigration and Customs Enforcement from deporting any Iraqi national from the U.S. to Iraq for at least two weeks, expanding an order that initially applied only to immigrants in the Detroit area.

U.S. District Court Judge Mark Goldsmith ruled late Monday that more than 1,400 Iraqis at risk of being deported from the U.S. could face “grave consequences” if they’re forced to return to their native country — and that the potential for irreparable harm outweighs the government’s interest in their immediate removal.

Goldsmith, who was named to the bench by President Obama in 2010, added, “the public interest is served by assuring that habeas rights are not lost before this Court can assess whether it has jurisdiction in this case.”

Continue reading

cnn.com
There is an underground network preparing to hide immigrants
Faith leaders in California don't have hope President Donald Trump won't enter churches or places of worship where immigrants may seek sanctuary. So they are building safe houses and preparing rooms to hide immigrants who fear ICE will deport them.
By Kyung Lah, Alberto Moya and Mallory Simon, CNN

A hammer pounds away in the living room of a middle class home. A sanding machine smoothes the grain of the wood floor in the dining room.

But this home Pastor Ada Valiente is showing off in Los Angeles, with its refurbished floors, is no ordinary home.

“It would be three families we host here,” Valiente says.

By “host,” she means provide refuge to people who may be sought by US Immigration and Customs Enforcement, known as ICE. The families staying here would be undocumented immigrants, fearing an ICE raid and possible deportation.

The purchase of this home is part of a network formed by Los Angeles religious leaders across faiths in the wake of Donald Trump’s election. The intent is to shelter hundreds, possibly thousands of undocumented people in safe houses across Southern California.

The goal is to offer another sanctuary beyond religious buildings or schools, ones that require federal authorities to obtain warrants before entering the homes.

“That’s what we need to do as a community to keep families together,” Valiente says.

At another Los Angeles neighborhood miles away, a Jewish man shows off a sparsely decorated spare bedroom in his home. White sheets on the bed and the clean, adjacent full bathroom bear all the markers of an impending visit. The man, who asked not to be identified, pictures an undocumented woman and her children who may find refuge in his home someday.

The man says he’s never been in trouble before and has difficulty picturing that moment. But he’s well educated and understands the Fourth Amendment, which gives people the right to be secure in their homes, against unreasonable searches and seizures. He’s pictured the moment if ICE were to knock on his door.

“I definitely won’t let them in. That’s our legal right,” he says. “If they have a warrant, then they can come in. I can imagine that could be scary, but I feel the consequences of being passive in this moment is a little scary.”

cnn.com
There is an underground network readying homes to hide undocumented immigrants
Faith leaders in California don't have hope President Donald Trump won't enter churches or places of worship where immigrants may seek sanctuary. So they are building safe houses and preparing rooms to hide immigrants who fear ICE will deport them.
By Kyung Lah, Alberto Moya and Mallory Simon, CNN

“A hammer pounds away in the living room of a middle class home. A sanding machine smoothes the grain of the wood floor in the dining room.

But this home Pastor Ada Valiente is showing off in Los Angeles, with its refurbished floors, is no ordinary home.“It would be three families we host here,” Valiente says.By “host,” she means provide refuge to people who may be sought by US Immigration and Customs Enforcement, known as ICE. The families staying here would be undocumented immigrants, fearing an ICE raid and possible deportation.

The purchase of this home is part of a network formed by Los Angeles religious leaders across faiths in the wake of Donald Trump’s election. The intent is to shelter hundreds, possibly thousands of undocumented people in safe houses across Southern California.

Workers rush to finish flooring for homes meant to hide immigrants.The goal is to offer another sanctuary beyond religious buildings or schools, ones that require federal authorities to obtain warrants before entering the homes.“That’s what we need to do as a community to keep families together,” Valiente says.

At another Los Angeles neighborhood miles away, a Jewish man shows off a sparsely decorated spare bedroom in his home. White sheets on the bed and the clean, adjacent full bathroom bear all the markers of an impending visit. The man, who asked not to be identified, pictures an undocumented woman and her children who may find refuge in his home someday.The man says he’s never been in trouble before and has difficulty picturing that moment. But he’s well educated and understands the Fourth Amendment, which gives people the right to be secure in their homes, against unreasonable searches and seizures. He’s pictured the moment if ICE were to knock on his door.“I definitely won’t let them in. That’s our legal right,” he says. “If they have a warrant, then they can come in. I can imagine that could be scary, but I feel the consequences of being passive in this moment is a little scary.”

Read the full piece here

npr.org
U.S. Citizen Who Was Held By ICE For 3 Years Denied Compensation By Appeals Court
Davino Watson was imprisoned as a deportable immigrant for 1,273 days, despite having U.S. citizenship. Now a court says he is not eligible for $82,500 in damages he was awarded.

Davino Watson is a New Yorker, a U.S. citizen. But ICE didn’t believe him, held him for 3 years, then released him with no explanation in rural Alabama. A judge awarded him $82,500, citing “regrettable failures of the government.” Now an appeals court says he can’t have the money — because the statute of limitations ran out while he was in custody.

Still, Immigration and Customs Enforcement kept Watson imprisoned as a deportable alien for nearly 3 ½ years. Then it released Watson, who was from New York, in rural Alabama with no money and no explanation. Deportation proceedings continued for another year.

Watson was correct all along: He was a U.S. citizen. After he was released, he filed a complaint. Last year, a district judge in New York awarded him $82,500 in damages, citing “regrettable failures of the government.”

On Monday, an appeals court ruled that Watson, now 32, is not eligible for any of that money — because while his case is “disturbing,” the statute of limitations actually expired while he was still in ICE custody without a lawyer.

The 2nd U.S. Circuit Court of Appeals acknowledged that the ruling is “harsh” but said it was bound by precedent.

“There is no doubt that the government botched the investigation into Watson’s assertion of citizenship, and that as a result a U.S. citizen was held for years in immigration detention and was nearly deported,” the court ruled. “Nonetheless, we must conclude that Watson is not entitled to damages from the government.”

washingtonpost.com
THIS IS NOT A TEST: Federal agents conduct immigration enforcement raids in at least six states
The raids mark the first largescale immigration action since President Trump’s Jan. 26 order to crack down on the estimated 11 million immigrants living here illegally.
By https://www.facebook.com/pages/Sandhya-Somashekhar/424900341023463

U.S. immigration authorities arrested hundreds of undocumented immigrants in at least a half-dozen states this week in a series of raids that marked the first large-scale enforcement of President Trump’s Jan. 26 order to crack down on the estimated 11 million immigrants living here illegally.

The raids, which officials said targeted known criminals, also netted some immigrants who did not have criminal records, an apparent departure from similar enforcement waves during the Obama administration that aimed to just corral and deport those who had committed crimes.

Trump has pledged to deport up to 3 million undocumented immigrants with criminal records. Last month he also made a change to the Obama administration’s policy of prioritizing deportation for convicted criminals, substantially broadening the scope of who the Department of Homeland Security can target to include those with minor offenses or no convictions at all.

Immigration officials confirmed that agents this week raided homes and workplaces in Atlanta, Chicago, New York, the Los Angeles area, North Carolina and South Carolina, netting hundreds of people. But Gillian Christensen, a spokeswoman for the Department of Homeland Security, which oversees Immigration and Customs Enforcement (ICE), said they were part of “routine” immigration enforcement actions. ICE dislikes the term “raids,” and prefers to say authorities are conducting “targeted enforcement actions.”

Immigration activists said the crackdown went beyond the six states DHS identified, and said they had also documented ICE raids of unusual intensity during the past two days in Florida, Kansas, Texas and Northern Virginia.

That undocumented immigrants with no criminal records were arrested and could potentially be deported sent a shock through immigrant communities nationwide amid concerns that the U.S. government could start going after law-abiding people.

“This is clearly the first wave of attacks under the Trump administration, and we know this isn’t going to be the only one,” Cristina Jimenez, executive director of United We Dream, an immigrant youth organization, said Friday during a conference call with immigration advocates.

ICE agents in the Los Angeles area Thursday swept a number of individuals into custody over the course of an hour, seizing them from their homes and on their way to work in daytime operations, activists said.

David Marin, ICE’s field director in the Los Angeles area, said in a conference call with reporters Friday that 75 percent of the approximately 160 people detained in the operation this week had felony convictions; the rest had misdemeanors or were in the United States illegally. Officials said Friday night that 37 of those detained in Los Angeles has been deported to Mexico.

“Dangerous criminals who should be deported are being released into our communities,” Marin said.

A video that circulated on social media Friday appeared to show ICE agents detaining people in an Austin shopping center parking lot. Immigration advocates also reported roadway checkpoints, where ICE appeared to be targeting immigrants for random ID checks, in North Carolina and in Austin. ICE officials denied that authorities used checkpoints during the operations.

[The ‘sanctuary city’ on the front line of the fight over Trump’s immigration policy]

“I’m getting lots of reports from my constituents about seeing ICE on the streets. Teachers in my district have contacted me — certain students didn’t come to school today because they’re afraid,” said Greg Casar, an Austin city council member. “I talked to a constituent, a single mother, who had her door knocked on this morning by ICE.”

Rep. Joaquin Castro (D-Tex.) said he confirmed with ICE’s San Antonio office that the agency “has launched a targeted operation in South and Central Texas as part of Operation Cross Check.”

“I am asking ICE to clarify whether these individuals are in fact dangerous, violent threats to our communities, and not people who are here peacefully raising families and contributing to our state,” Castro said in a statement Friday night.

Hiba Ghalib, an immigration lawyer in Atlanta, said the ICE detentions were causing “mass confusion” in the immigrant community. She said she had heard reports of ICE agents going door-to-door in one largely Hispanic neighborhood, asking people to present their papers.

“People are panicking,” Ghalib said. “People are really, really scared.”

Immigration officials acknowledged that authorities had cast a wider net than they would have last year, as the result of Trump’s executive order.

The Trump administration is facing a series of legal challenges to that order, and on Thursday lost a court battle over a separate executive order to temporarily ban entry into the United States by citizens of seven majority-Muslim countries, as well as by refugees. The administration said Friday that it is considering raising the case to the Supreme Court.

Some activists in Austin and Los Angeles suggested that the raids might be retaliation for those cities’ “sanctuary city” policies. A government aide familiar with the raids said it is possible that the predominantly daytime operations — a departure from the Obama administration’s night raids — meant to “send a message to the community that the Trump deportation force is in effect.”

Frank Sharry, executive director of America’s Voice, a pro-immigrant advocacy group, said that the wave of detentions harks back to the George W. Bush administration, when workplace raids to sweep up all undocumented workers were common.

The Obama administration conducted a spate of raids and also pursued a more aggressive deportation policy than any previous president, sending more than 400,000 people back to their birth countries at the height of his deportations in 2012. The public outcry over the lengthy detentions and deportations of women, children and people with minor offenses led Obama in his second term to prioritize convicted criminals for deportation.

A DHS official confirmed that while immigration agents were targeting criminals, given the broader range defined by Trump’s executive order they also were sweeping up non-criminals in the vicinity who were found to be lacking documentation. It was unclear how many of the people detained would have been excluded under Obama’s policy.

Federal immigration officials, as well as activists, said that the majority of those detained were adult men, and that no children were taken into custody.

“Big cities tend to have a lot of illegal immigrants,” said one immigration official who spoke on the condition of anonymity because the official was not authorized to speak publicly due to the sensitive nature of the operation. “They’re going to a target-rich environment.”

Immigrant rights groups said that they were planning protests in response to the raids, including one Friday evening in Federal Plaza in New York City and a vigil in Los Angeles.

“We cannot understate the level of panic and terror that is running through many immigrant communities,” said Walter Barrientos of Make the Road New York in New York City, who spoke on a conference call with immigration advocates.

“We’re trying to make sure that families who have been impacted are getting legal services as quickly as possible. We’re trying to do some legal triage,” said Bob Libal, the executive director of Grassroots Leadership, which provides assistance and advocacy work to immigrants in Austin. “It’s chaotic,” he said. The organization’s hotline, he said, had been overwhelmed with calls.

Jeanette Vizguerra, 35, a Mexican house cleaner whose permit to stay in the country expired this week, said Friday during the conference call that she was newly apprehensive about her scheduled meeting with ICE next week.

Fearing deportation, Vizguerra, a Denver mother of four — including three who are U.S. citizens — said through an interpreter that she had called on activists and supporters to accompany her to the meeting.

“I know I need to mobilize my community, but I know my freedom is at risk here,” Vizguerra said.

1. As a public school teacher I know that schools DO NOT check legal status nor do they do a criminal background check.

2. These bad dudes (17 and 18) were placed in 9th grade likely because they had zero credits just like regular freshmen.

3. I’d bet the school provided some sort of Special Education services, which the school receives extra money for having on their roster.

4. Schools get money for butts in the seats, they do not check if the 18-year-old-dude-who-doesn’t-speak-English-that-is-sitting-next-to-your-14-year-old-daughter is a criminal.

buzzfeed.com
A Judge has blocked key parts of Texas' anti-Sanctuary City law #SB4
A key part of the bill, which required local police to hold people suspected of being undocumented at the request of immigration enforcement officials, was struck down Wednesday.
By Salvador Hernandez

Salvador Hernandez at BuzzFeed News: 

A federal judge Wednesday blocked key portions of a Texas bill to ban sanctuary cities in the state, just two days before the law was to go in effect in the Lone Star State.

SB 4, as the law is known, was set to make it a crime for local law enforcement agencies to refuse to cooperate with immigration officials, and prevented police chiefs and sheriffs from ordering their officers not to ask people about their immigration status.

In a court order signed Wednesday, US District Judge Orlando Garcia blocked a key part of the law that would have required local law enforcement agencies to comply with US Immigration and Customs Enforcement (ICE) detainer requests—which ask police to hold someone in their jails past their scheduled release dates because ICE officials suspect the person is undocumented.

The law, Garcia stated, would have required local law enforcement to make determinations of probable cause solely on someone’s immigration status, something that local departments are neither trained, nor have authority, to do.

“Any enactment that would broadly empower state or local law enforcement officers to arrest or detain upon suspicion of removability would likely be unconstitutional,” he wrote in his 94-page decision.

ICE detainers have been at the center of not just Texas’ crackdown on so-called “sanctuary cities” but on the Trump administration’s effort to punish cities with similar policies.

At one point, federal officials were publishing a list of crimes reportedly committed by undocumented immigrants in sanctuary cities, but stopped after multiple jurisdictions began questioning the accuracy of the reports.

The decision was an early win for critics of the law, which are looking to have the entire legislation knocked down in court.

Though portions of the law remained intact, Garcia seemed to side with critics of the law who have said the law might erode trust in law enforcement from immigrant communities and, in effect, make them less safe.

“There is overwhelming evidence by local officials, including local law enforcement, that SB 4 will erode public trust and make many communities and neighborhoods less safe,” he wrote.

However, Garcia noted that the court’s ruling must be based on, “the constitutionality of a statute, not its wisdom or necessity.”

The federal judge found that local officials can ask about immigration status while carrying their duties, as well as share that information with ICE officials. Officers, however, could not keep someone in custody based solely on their immigration status.

What happens next

When tragedies like this happen, the State relies on Compassionate Progressive™ sentiment to impulsively call for tighter, broader central regulation—generally for strict control over a specific facet of our lives [disaster relief, firearms, mass destruction, famine]). This impulse riles up a swath of citizens, and makes them susceptible to State expansion that they might otherwise oppose in moments of calm.

Of course, nothing can change too quickly, or you would upset the status quo, which can lead to unwanted revolution. The State doesn’t want to rock the boat, but it can incrementally shift the status quo over time. In order to sustain itself, it must continue to grow and to do that it needs financial and civil support.

Sure the State might not take away guns tomorrow, but it could very easily exploit this event to implement tighter control on our movement, and on our perceived rights. Just look at the TSA, which many Americans excuse as a ‘given’ inconvenience despite its gross corruption and institutional ineptitude.


What do I mean by ‘perceived rights’? I’m talking about rights inherent to our humanity, for which the legitimacy depends upon our perception. Those who support the right to bear arms do so because they perceive a necessity of personal ownership. Even some gun control advocates will pay it lip service.

Gun control does not (and will not) have to be about confiscating weapons, but rather about shifting our collective perception on what is and is not appropriate with respect to firearms. 2A hardliners may want to disagree with me here, but stick with me.


The debate around the right to bear arms and the role of the State in regulating that right will continue for the week as it always does, and as usual it will die down; the State is not going to outright goosestep down the streets and confiscate en masse. Instead, the media will gently shift the narrative to other, less invasive means to monitor and control people; theoretically band-aids to prevent seemingly unpredictable future tragedies.

After 9/11, Congress signed the USA PATRIOT Act; most members never read the bill. The State used this foot in the door to expand the NSA, FBI, CIA and create the TSA; it also created the Department of Homeland Security, under which it were consolidated the Real ID and Immigration and Customs Enforcement operations (that’s movement and trade in layman’s terms). The State absolutely will tuck this tragedy into its arsenal to influence and advocate for additional security measures. Look today at sporting events, major metro stations, concerts. Now it will be casino, hotels, festivals. The fourth estate will happily wag its tail in exchange for influence on Capitol Hill.

It’s not just plausible, it’s reality.

But you can’t sell something so mundane through the energy of raw compassion. In fact, for most who voice this sentiment such a move would not be enough. However, the State would not upset its balance and would not immediately threaten our inherent rights. Instead, the State generally relies on the fears of Conservative Traditionalists™ to support the enforcement of this new, but still familiar, status quo. In this way, the perception of the right’s integrity remains in tact while in practice, those rights are diminished.


A penchant for the status quo is a crucial element of conservative ideologies—conserve is in the name. (Note, I am not talking about a left-right dichotomy). Just as this American sentiment helps to legitimize the ever-growing police state in the above-referenced facets of our lives, it would uphold future expansion too. If you aren’t convinced, then ask yourselves the following question.

How many more incidents of cops shooting peaceful—but armed—citizens would it take to convince you that people will absolutely defend this incremental growth in security (as they always have)? Police are already trigger-happy, and often presume whatever you’re holding is a threat. People defend it. They support it, and advocate it. Through this sentiment, the State will have its foundation to push the status quo just a little bit closer toward totalitarianism.

The second amendment is meant to guarantee our uninhibited right to bear arms, and yet we find ourselves living in a country where you are more and more likely to die for exercising that right (or for being perceived as exercising that right). Too often, those defending the former contrarily support the latter as well. In this way, the right to bear arms is perceived by the public at large as illegitimate if that right purportedly threatens a law enforcement official. This will invariably happen when some poor American walks into a hotel a security checkpoint with a gun, a knife, an oddly-shaped cell phone, an obscured wallet and the police claim they ‘feared for their life’ and kill them.


The State doesn’t have to take your guns away. It just has to convince you that there’s no problem when an agent of the State imperils that inalienable right by aggressing you. By influencing our collective perception on what is and is not acceptable (regarding the exercise of our rights), the State can shift the status quo to sustain its perpetual growth.