ICE Warrants
Virginia Governor Abigail Spanberger (D) claims that ICE needs a “signed judicial warrant” to take custody of an illegal immigrant arrested 30+ times in her state, most recently for stabbing a woman to death.
IN FACT, federal law and the U.S. Constitution allow ICE to detain illegal immigrants with administrative warrants instead of judicial ones. However, Democrats often demand judicial warrants in spite of the fact that such sanctuary policies have enabled numerous murders.
Here are the receipts:
- The federal law that governs the “apprehension and detention of aliens” states that an “alien may be arrested and detained pending a decision on whether the alien is to be removed” on a “warrant issued by the Attorney General,” which is not a judicial warrant but an administrative one.
- The Federal Law Enforcement Training Centers states, “It is important to keep in mind that the underlying basis for a non-citizen’s removability may be due to some criminal violation, but the removal warrant used by ICE is not a criminal warrant signed by a federal judge.”
- The Supreme Court stated in Harisiades v. Shaughnessy that “deportation” has “been consistently classified as a civil, rather than a criminal, procedure.”
- The Supreme Court ruled in Demore v. Kim that “although the Fifth Amendment entitles aliens to due process in deportation proceedings,” “detention during such proceedings is a constitutionally valid aspect of the process.”
Nevertheless, Democrat sanctuary jurisdictions have flouted ICE detainers that have enabled many violent crimes, including murders such as these:
- Marvin Morales-Ortez allegedly shot and killed an American citizen one day after Fairfax County, VA Sheriff Stacey Kincaid released him because ICE didn’t give her a “judicial warrant.”
- Josue Rafael Fuentes-Ponce, Joel Ernesto Escobar, and two other MS-13 gang members murdered Ariana Funes-Diaz, a 14-year-old Maryland girl, with a machete and a baseball bat after Ponce and Escobar were arrested and released by Prince George’s County, MD for “attempted first-degree murder, attempted second-degree murder, participation in gang activity, conspiracy to commit murder, attempted robbery, and other related charges.”
- Nery Estrada Margos beat Veronica Cabrera Ramirez to death two weeks after Sonoma County, California Sheriff Rob Giordano released him following an arrest for beating the same woman.
- Luis Rodrigo Perez shot and killed Steven Marler, Aaron Hampton, and Sabrina Starr after government officials of Middlesex County, NJ released him because ICE didn’t give them “an order of deportation from a federal judge.”
- Edwin Ramos, who had been convicted of assault and attempted robbery, murdered Tony Bologna and two of his sons, Michael and Matthew, after the city of San Francisco released Ramos from jail.
