Democrat-Appointed Judges Reverse Deportation Order for Illegal Immigrant
- A federal court, with a three-judge panel, reversed an illegal alien’s deportation order on Thursday.
- The panel ruled that ICE acted outside of its search warrant when it detained hundreds of workers suspected of living in the U.S. illegally.
- This could have significant implications on how Immigration and Customs Enforcement conducts apprehensions.
Over a decade later, the 9th Circuit Court of Appeals ruled Thursday that Gregoria Perez Cruz, an illegal immigrant from Mexico, should not be deported.
Cruz was among many undocumented employees who were arrested at a work site and ordered to leave the U.S.
The court, however, found that his apprehension was outside the parameter’s of ICE’s search warrant, according to The Associated Press.
ICE received an anonymous tip in 2006 that Micro Solutions Enterprises, a printer cartridge company, was employing 200 to 300 illegal aliens.
The agency conducted a raid of its Los Angeles plant after obtaining an arrest warrant for eight employees and a search warrant for employment-related documents.
At the time of the raid, around 100 armed agents stormed the plant, blocking all exits. While women were taken to a cafeteria, men were told to form two lines: one of people who had work authorization and one of those who did not.
Cruz was handcuffed and questioned by agents. After admitting to an agent that he was living in the U.S. illegally, he was bussed to a detention center and ordered to be deported.
Cruz’s legal team, attorney Noemi Ramirez and the American Civil Liberties Union, argued ICE acted outside its authority by making wide-scale arrests with only a search warrant for records.
ICE appeared prepared to detain hundreds of individuals through a memo issued prior to the raid, stating the agency would be “conducting a search warrant and expects to make 150-200 arrests” and have up to five buses to transport detainees.
An immigration judge later nixed the agency’s deportation order, but that was overturned by the Board of Immigration Appeals. The decision ultimately led to the 9th Circuit Court ruling.
“[The] search warrant here authorized a search only for the employer’s records — presumably, paper documents or electronic files. Yet, the agents used the warrant’s authority to enter the working area and detain hundreds of workers. Why a search for records required going onto the floor of a large printer-cartridge factory is unclear,” wrote Judge Marsha Barzon.
“ICE cannot carry out preplanned mass detentions, interrogations, and arrests that violate a person’s Fourth Amendment rights,” Ramirez said, according to The Associated Press. “This victory is not merely Mr. Perez’s victory, but a victory for people that value freedom, that believe the Constitution means what it says and for those that believe that the immigrant community is not alone in their struggle.”
All three judges on the panel were appointed by Democratic presidents. Both Barzon and District Judge Daniel Dominguez were chosen by President Bill Clinton, and Judge Michelle Friedland was appointed by President Barack Obama.
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