Although noncitizens are often forced to contact the immigration authorities, a huge amount of money (and political and media attention) has been put toward increasing the DHS’s abilities to find and arrest those noncitizens crossing the borders into the United States illegally[193] or those already in the United States and working without authorization.[194] 

 

                The DHS is also attempting to round up noncitizens with criminal convictions and place them in removal proceedings.  The DHS has decided to take this process one crime at a time, and has started with Operation Predator,[195] which seeks to scour the criminal databases for noncitizens convicted of sex offenses involving children, and serve than with Notices to Appear.  Other similar operations include “Operation Community Shield” targeting gang members,[196] and the “Fugitive Operations Program” targeting noncitizens ordered removed, but who have failed to leave the United States.[197]

[193] http://www.ice.gov/pi/dro/nfop.htm (last visited 11/21/2006).

[194] http://www.ice.gov/pi/worksite/index.htm (last visited 11/21/2006).

[195] http://www.whitehouse.gov/news/releases/2004/07/20040707-10.html (last visited 11/21/2006).

[196] http://www.ice.gov/pi/investigations/comshield/index.htm (last visited 11/21/2006).

[197] http://www.ice.gov/pi/dro/nfop.htm (last visited 11/21/2006).

SPECIAL OPERATIONS - ICE RAIDS
Dynamics of an ICE Raid, article by Josie Gonzalez, Gonzalez & Harris. http://www.aila.org/content/default.aspx?docid=24196

DETENTION - ICE WARRANTS - ADMINISTRATIVE WARRANT, AS OPPOSED TO JUDICIAL WARRANT, DOES NOT GRANT AUTHORITY TO ENTER DWELLING
An ICE warrant is not a judicially issued warrant so the controlling authority is See v. City of Seattle, 387 U.S 541 (1967) (holding that administrative warrant does not authorize health inspectors to enter dwelling even where public safety is at issue); Camera v. Municipal Court, 387 U. S. 523 (1967) (same). Former DHS Secretary Chertoff has stated, "A warrant of removal is administrative in nature and does not grant the same authority to enter dwellings as a judicially approved search or arrest warrant." http://d.yimg.com/kq/groups/6503708/317831764/name/Chertoff resp 6-15-07.pdf Thanks to Dan Kesselbrenner

Third Circuit

OVERVIEW " CONTACT WITH IMMIGRATION OFFICERS
Oliva-Ramos v. Atty Gen. of the United States, 694 F.3d 259 (3rd Cir. Sept. 13, 2012) (IJ and BIA failed to adequately address respondents claims that his arrest was an egregious violation of the Fourth Amendment, or that the ICE Officers failed to property obtain consent, engaged in improper search and seizure, and did not give proper advisals) NOTE: This case does a good job of summarizing prior law of motions to suppress, Fourth Amendment rights and duties of ICE Officers in conducting a pre-dawn raid.

Fourth Circuit

IMMIGRATION OFFENSES " EVIDENCE " MOTION TO SUPPRESS EVIDENCE DUE TO ILLEGAL SEARCH " TIME REQUIRED TO VERIFY IMMIGRATION STATUS WAS NOT UNLAWFUL
United States v. Guijon-Ortiz, 660 F.3d 757 (4th Cir. Nov. 10, 2011) (No. 10-4518) (motion to suppress denied where detention time it took to verify fraudulent alien registration card did not constitute an unconstitutional seizure).

Fifth Circuit

OVERVIEW " CONTACT WITH ICE " ILLEGAL STOP
De La Paz v. Coy, __ F.3d __ (5th Cir. May 14, 2015) (noncitizens may not pursue Bivens claims against CBP agents; these claims should be pursued in civil immigration proceedings), citing Mirmehdi v. United States, 689 F.3d 975 (9th Cir. 2011) (no Bivens claim for constitutionally invalid immigration detention); Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009) (en banc)

Seventh Circuit

OVERVIEW - ENCOUNTERS WITH IMMIGRATION
Gutierrez-Berdin v. Holder, 618 F.3d 647, 652-653 (7th Cir. Aug. 19, 2010) (rejecting motion to suppress Form I-213 on basis of constitutional violations; "Even taken at face value, petitioner's self-serving affidavit alleges what can best be characterized as very minor physical abuse coupled with aggressive questioning. Questions and verbal demands that a person sign documents are not themselves searches and seizures that could violate the Fourth Amendment."

Ninth Circuit

EVIDENCE " BORDER SEARCH
United States v. Valdes-Vega, 685 F.3d 1138 (9th Cir. Jul. 26, 2012) (totality of the circumstances did not provide border patrol agents with reasonable suspicion to believe that the defendant was smuggling drugs or aliens; an officer may not stop a vehicle solely upon a hunch).

OVERVIEW " CONTACT WITH DHS " MOTION TO SUPPRESS
Martinez-Medina v. Holder, __ F.3d __ (9th Cir. Mar. 11, 2011) (county deputy sheriff's detention of noncitizen at a gas station while waiting for an immigration agent to arrive did not constitute an egregious violation of Petitioners' Fourth Amendment rights).

OVERVIEW - CONTACT WITH IMMIGRATION
Martinez-Medina v. Holder, 616 F.3d 1011 (9th Cir. Aug. 12, 2010) (Oregon Sheriff did not violate 14th amendment on search and seizure by asking Mexican nationals regarding their immigration status, and subsequently detaining them until immigration officials could arrive).

Other

SPECIAL OPERATIONS - ICE RAIDS
The Fourth Amendment and Privacy Implications of Interior Immigration Enforcement By ANIL KALHAN, FORTHCOMING 41 U.C. DAVIS L. REV_ (2008). http://www.bibdaily.com/pdfs/SSRN-id1088769.pdf

SPECIAL OPERATIONS - ICE RAIDS
Dynamics of an ICE Raid, article by Josie Gonzalez, Gonzalez & Harris. http://www.aila.org/content/default.aspx?docid=24196

CRIM DEF " ICE AUTHORITY TO ARREST " QUESTION OF STATE LAW
A federal agents authority to make arrests for state law violations is a question of state law. In Colorado, the provisions defining peace officer are Colo. Rev. Stat. 16-2.5-101 & 16-3-110. The definition covers law enforcement officers authorized by federal law or employing agency to use deadly physical force in the performance of their duties. In 8 U.S.C. 1357, Congress authorized the Attorney General to issue regulations relating to deadly force. The deadly force regulations are found at 8 CFR 287.8(a)(2). It appears that those federal officers that can use deadly force can arrest a person for a Colorado misdemeanor or felony committed in their presence. The following link includes the authority in all states. http://www.cga.ct.gov/2010/rpt/2010-R-0042.htm Thanks to Dan Kesselbrenner.

OVERVIEW " CONTACT WITH ICE
ICE Memo on Enforcement Actions at or focused on sensitive locations. http://www.aila.org/content/default.aspx?docid=41756