New Republic - A federal judge on Wednesday shredded the Trump administration’s shallow defense for bragging about its rampant, warrantless immigration arrests.
In an 88-page ruling, U.S. Judge Beryl Howell wrote that the Trump administration had illegally lowered the standard for making immigration arrests when it instituted a policy of “arrest now, ask questions later” as part of the federal takeover of Washington, D.C.
Howell documented how the Department of Homeland Security and Trump officials began to insist on using a standard of “reasonable suspicion” to make arrests, and included a laundry list of official comments claiming that the government did not need to demonstrate probable cause. Howell took issue with the government’s attorneys, who claimed the statements had been made by “non-attorneys” who “don’t necessarily understand” legal terms.
“This is a remarkable assertion. On its face, the government’s defense appears to be that the individuals behind these statements are ignorant or incompetent, or both,” Howell wrote.
For example, chief Border Patrol agent Gregory Bovino told the press, “We need reasonable suspicion to make an immigration arrest,” adding, “You notice I did not say probable cause, nor did I say I need a warrant. We need reasonable suspicion of illegal alienage, that’s well grounded within the United States immigration law.”
White House deputy chief of staff Stephen Miller was also cited in the ruling as saying, “Just go out there” and arrest people at Home Depots or 7-Elevens.
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