A federal court harshly slammed DHS for its deportation agents’ tactics, including their visits to the homes of undocumented immigrants. This procedure, which the court called “knock and talk,” is unconstitutional, according to his ruling.
According to Judge Otis D. Wright II, ICE agents in the greater Los Angeles region were using the “knock and talk” tactic to round up people for detainment. That, in his view, is a violation of the Fourth Amendment. The judge says that given the policies and practices surrounding ICE’s approach to ‘knock and talks,’ it would be more appropriate to refer to certain law enforcement operations as ‘knock and arrests.'”
Wright maintains that “Knock and talks” performed by ICE are not lawful even though the US Supreme Court has said they are constitutional.
Police investigations have always included knock-and-talks. According to Judge Wright, these measures are acceptable so long as the cops approach the homeowner and ask questions like any other citizen.
There is no expectation that residents will or have to participate in conversation.
According to Judge Wright, who was nominated to the Central District of California federal court by President George W. Bush, ICE officials are using this tactic to engage with people they want to detain.
The court noted that ICE agents would often knock on people’s doors in an effort to lure them outdoors, which would lead to their eventual detention.
Judge Wright said that the usual authority for immigration enforcement agents to access private property is an administrative arrest warrant, which he believes is insufficient.
He claims that ICE’s regulations classify knock-and-talks as an operation for making arrests and a critical means of apprehension.
Matthew J. O’Brien, a former immigration judge and ICE attorney, claims the court erred in applying the law.
He claims that Judge Wright is misusing the criminal process and is, in fact, applying constitutional criteria from criminal law to the civil enforcement immigration setting.
When migrants are released from prisons and jails, sanctuary communities prohibit ICE from arresting them.
This result, say ICE officials, calls for more significant community arrests, including at people’s homes and places of employment. They claim that the community and the personnel are both put in greater danger by this method.
O’Brien claims that ICE will confront even more difficulties as a result of Judge Wright’s decision.
