Court OKs Pretextual Use of Immigration Detention

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Tuesday, December 22, 2009 at 3:14 pm

In a ruling that slid in quietly under the news radar, a federal court of appeals ruled late last Friday that the government can lawfully use immigration detention as an excuse to conduct criminal investigations into non-citizens if the government likely has the right to deport that person. As long as his deportation is “reasonably foreseeable,” the government can delay the suspect’s deportation as long as it wants to.

In the same case, however, Turkmen v. Ashcroft, the court also sent back the plaintiffs’ claims that they were held in abusive conditions of confinement following the terrorist attacks on Sept. 11, 2001. They’ll have another chance to make those claims, but, significantly, will have to meet the Supreme Court’s new heightened pleading standards set out in Bell Atlantic v. Twombly and Ashcroft v. Iqbal.

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cmcginnis12
Comment posted December 23, 2009 @ 12:11 pm

Everyone must be warned before coming to the United States. Even if you have a visa, you are putting yourself at risk of Homeland Security ICE officers. I have a friend that is from Paris France here on an education visa to finish his degree. He has been here since 2005. His visa is valid until March of 2010, His passport is valid until 2014, and his I-20 is current. He is not illegal. In 2008 He fell in love and married a U.S. citizen that just happens to be addicted to Prescription medications, He knew nothing about this. But he was arrested due to her mistakes. He was placed in detention, scheduled for deportation. He has been in detention center in Pompano Beach Florida for 5 months now. All this because of her mistakes. She should be the one in jail not him. Please everyone coming to America. Think twice. This couple has lost all there savings on lawyers, she lost her job, and they are in the process of losing there home. All this was caused because ICE has the wrong person in jail. They make up any story they want and when they are questioned about it you get nowhere. I have written many letters to Janet Napolitano, Senator Bill Nelson, Representative Ginny Brown-Waite and even President Obama. But no one will listen. So please people think twice about coming to America for any reason. Our immigration system is broken ….they all agree, but you put your life at risk when you enter our borders. Even if you follow the rules you may also lose everything as this couple has. No one will listen, no one cares. This man has never even had a traffic violation and is 51 yrs old. He has never worked in America has always been self supporting and took nothing from Americans social services. His American dream has turned into a night mare. Shame on America. I think it is about time someone revised this immigration and ICE practice. What is illegal in this case is the way DHS is treating this guy. John Morton and Janet N. should be ashamed of themselves. This is just wrong. While in there detention center they have abused him, denied him food and proper medical treatment. He is diabetic and they will not give him the proper food or medical attention. I think it is terrible. The phone system is very poor and not working everyday. They plan it that way so they can not contact there lawyers and family. Someone needs to stop ICE, They are totally out of control. I fear He will be next on the long list of persons that have died while in detention. Until you go to one of these detention centers and see with your own eyes, you will not believe what America is doing. I was shocked, on my first visit and after almost 6 months of seeing what happens, how they have to live. I am still in shock. Trust me it is all about money. He is in a private prison owned by a company called GEO based near Miami Fl. They are paid very well by our tax dollars, but the treatment is unbelievable. I just have to close by saying shame on America. I have seen it with my own eyes. I wonder how many congressmen have stock in this company. They are doing quite well. Just watch for yourself they are GEO on the stock market and are doing well in a bad economy. Makes one think a government contract like this is not a bad investment. I think the government is making a mountain out of a mole hill and now wants to sell climbing equipment!


cmcginnis12
Comment posted December 23, 2009 @ 5:11 pm

Everyone must be warned before coming to the United States. Even if you have a visa, you are putting yourself at risk of Homeland Security ICE officers. I have a friend that is from Paris France here on an education visa to finish his degree. He has been here since 2005. His visa is valid until March of 2010, His passport is valid until 2014, and his I-20 is current. He is not illegal. In 2008 He fell in love and married a U.S. citizen that just happens to be addicted to Prescription medications, He knew nothing about this. But he was arrested due to her mistakes. He was placed in detention, scheduled for deportation. He has been in detention center in Pompano Beach Florida for 5 months now. All this because of her mistakes. She should be the one in jail not him. Please everyone coming to America. Think twice. This couple has lost all there savings on lawyers, she lost her job, and they are in the process of losing there home. All this was caused because ICE has the wrong person in jail. They make up any story they want and when they are questioned about it you get nowhere. I have written many letters to Janet Napolitano, Senator Bill Nelson, Representative Ginny Brown-Waite and even President Obama. But no one will listen. So please people think twice about coming to America for any reason. Our immigration system is broken ….they all agree, but you put your life at risk when you enter our borders. Even if you follow the rules you may also lose everything as this couple has. No one will listen, no one cares. This man has never even had a traffic violation and is 51 yrs old. He has never worked in America has always been self supporting and took nothing from Americans social services. His American dream has turned into a night mare. Shame on America. I think it is about time someone revised this immigration and ICE practice. What is illegal in this case is the way DHS is treating this guy. John Morton and Janet N. should be ashamed of themselves. This is just wrong. While in there detention center they have abused him, denied him food and proper medical treatment. He is diabetic and they will not give him the proper food or medical attention. I think it is terrible. The phone system is very poor and not working everyday. They plan it that way so they can not contact there lawyers and family. Someone needs to stop ICE, They are totally out of control. I fear He will be next on the long list of persons that have died while in detention. Until you go to one of these detention centers and see with your own eyes, you will not believe what America is doing. I was shocked, on my first visit and after almost 6 months of seeing what happens, how they have to live. I am still in shock. Trust me it is all about money. He is in a private prison owned by a company called GEO based near Miami Fl. They are paid very well by our tax dollars, but the treatment is unbelievable. I just have to close by saying shame on America. I have seen it with my own eyes. I wonder how many congressmen have stock in this company. They are doing quite well. Just watch for yourself they are GEO on the stock market and are doing well in a bad economy. Makes one think a government contract like this is not a bad investment. I think the government is making a mountain out of a mole hill and now wants to sell climbing equipment!


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