Judges should be arrested if they break the law. I'm not a lawyer, but it doesn't sound like a law was broken here? If there wasn't an arrest warrant, then he is a free man, i can't see why a judge would be required to hold him for nothing
There was an arrest warrant. However, based on the judge’s statement, a federal criminal warrant is required to detain an immigrant inside the courtroom. The legal question is ‘whether or not the judge is legally bound to hold the immigrant inside the courtroom until the warrant issue has been fixed’. Based on legal precedent, it is not. A judge cannot hold an individual hostage pending a proper warrant (after an incorrect/invalid warrant that does not allow jurisdiction/detainment has been presented) with or without cause as it is overreach and unrelated to the case she already adjudicated. It was a nice try but falls short under the letter of the law.
The judge followed the below requirement of leading the immigrant to a non-public area. Again, the legal question is whether or not the judge is required to hold an individual if ICE does not have a valid warrant.
ICE Directive Enforcement Actions in or Near Courthouses (Jan. 21, 2025)
On Jan. 21, 2025, ICE issued interim guidance, Enforcement Actions in or Near Protected Areas. Under this interim guidance, ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information that leads them to believe the targeted alien(s) is or will be present at a specific location, and where such action is not precluded by laws imposed by the jurisdiction in which the civil immigration enforcement action will take place.
ICE officers or agents must coordinate with the relevant local ICE Office of the Principal Legal Advisor (OPLA) office before conducting civil immigration enforcement actions in or near courthouses to determine whether jurisdiction-specific legal limitations apply.
Civil immigration enforcement actions in or near courthouses should, to the extent practicable, continue to take place in non-public areas of the courthouse, be conducted in collaboration with court security staff, and use the court building’s non-public entrances and exits.
When practicable, ICE officers and agents will conduct civil immigration enforcement actions against targeted aliens discreetly to minimize their impact on court proceedings.
ICE officers and agents should generally avoid enforcement actions in or near courthouses, or areas within courthouses that are wholly dedicated to non-criminal proceedings — examples include family court and small claims courts. When an enforcement action in the above situations is operationally necessary, the approval of the respective Field Office Director, Special Agent in Charge, or his or her designee is required prior to conducting the enforcement action.
The guidance also outlines responsibilities of the Field Office Director and the Special Agent in Charge.
For purposes of the ICE Interim Guidance: Civil Immigration Enforcement Actions in or Near Courthouses, a civil immigration enforcement action is any action taken by an ICE officer or agent to apprehend, arrest, interview, or search an alien in connection with enforcement of administrative immigration violations. This policy does not apply to criminal immigration enforcement inside courthouses.
ICE Directive Common Sense Enforcement Actions in or Near Protected Areas (Jan. 31, 2025)
On Jan. 31, 2025, ICE issued a memorandum, Common Sense Enforcement Actions in or Near Protected Areas, which noted that the DHS Jan. 20, 2025, guidance, Enforcement Actions in or Near Protected Areas, acknowledges the ability of the DHS law enforcement personnel to apply enforcement discretion to balance a variety of interests, including the degree to which law enforcement actions occur in protected areas.
As a result, DHS is not issuing rules regarding where immigration laws are permitted to be enforced. Instead, through the Jan. 31, 2025, ICE memorandum, the ICE Director charges Assistant Field Office Directors and Assistant Special Agents in Charge with the responsibility for making case-by-case determinations regarding whether, where and when to conduct an immigration enforcement action in or near a protected area.
Thanks for posting the in-depth rules, etc. It’s clearly another overreach by ICE. My guess is they did this, hoping to create an incident where they could arrest/charge the judge. It’s the fear factor they are going for…a clear message to other judges. ICE is doing this type of thing all over the country. It’s terrifying. In another example, they arrested a Japanese Computer Science PhD student. He’s a father of 5, here legally, married to an American, the children are American. He has one year left on his PhD…his horrible crime? On a church trip he organized (fishing trip), one of the persons caught too many fish (not him…someone else). But because he “organized” the trip they felt it necessary to cite him. Which is another issue altogether. But that is his crime. He has a citation for something he didn’t even do. Hardly the murderers, rapists, mentally insane that Trump righteously insists he’s protecting us from. This is just one of the thousands of similar situations. It’s horrifying.
Thank you for posting this (as well as the “ common sense” (now there is an oxymoron for you) follow up. This case aside, it is rather grotesque how it seems that they have thought through and made provision for every little dastardly move that they might make. I bet the rule book is pretty long and picayune. All the more reason to push back on their overreach snd make sure they are legally hemmed in wherever possible. I nope the judge is well supported by counsel.
Thank you for your post - well researched and informative, you provided important information about how the laws read and should be interpreted and applied. This is greatly appreciated considering the these laws and regulations are being used to undermine our democracy and constitution.
Doesn’t sound like a legal warrant since it wasn’t issued by a judge. It was just ICE filling out its own piece of paper. Sounds like the judge did everything correctly to me. I absolutely think she knows the law better than any incompetent Trump appointees.
I haven’t reviewed what ICE presented as a ‘warrant’. I was only able to review the judge’s requirement, which they didn’t meet in order to detain an individual inside of a courtroom. The requirements under the law are different inside of a courtroom versus in public. Although I’m inclined to agree with you about the warrant they may have presented as it’s unlike this administration to follow the law.
This is what I thought. Nobody would want it to be the case that a judge could just hold someone like that. I am not American so not up on the law like you, thank you for this explanation.
I think you're misunderstanding, the judge didn't let ICE arrest a man who was in her courtroom for something else because ICE didn't have the appropriate warrant. Then the judge was arrested for "obstructing" ICE.
The ice agents presented an administrative warrant. There is nothing enforceable about it. Only a judicial warrant is enforceable. The judge would not be upholding the law if she (or any other American) convinced the migrant to hand himself over to the ice agents.
No one broke the law thus the problem. An administrative warrant is NOT the same as a criminal warrant.
I am sick of ICE over stepping it's authority to the point that I said with the immigrates legal or otherwise. As far as I am concerned ICE us the terrorists organization that is the most dangerous to our country. They need to be stopped.
This was likely done as a statement. Meant to send alarm bells to other Judges everywhere. I’d bet they knew exactly what she was going to do and planned on arresting her. Probably one of those “woke” judges who follow the law regardless of which President nominated them.
Im not maga! I'm Canadian lol. I just meant in general judges shouldn't be above the law (how Parnas said it, it sounded like simply arresting judges is a constitutional problem), but it really doesn't sound like this judge broke any laws by not detaining this person.
I think i may have phrased my post in an unclear way
I feel like a threshold has been crossed today regarding our loss of democracy….and I couldn’t be more mad..and sad. We HAVE TO RISE UP NOW—-before it’s too late🙏🏼
I didn't see either show you mentioned, but I learned a lot about Nazi Germany. By the way, Trump's Grandfather and Father were American Nazis. Interestingly, in WW2 the ONLY potential “alien domestic enemies” were Japanese Americans. Anyway, this man is trying to turn this nation into a Neo Nazi regime. He disregards the fact that in WW2 Nazis hated Russians. Just saying.
Yes, he does. However, what I’m referencing is the fact that our Capitol is overrun with clownish, self-serving politicians—more like the Capitol from The Hunger Games (book series, highly recommend) than an actual seat of democracy. It’s all unbridled patriarchy now.
They’re actively stripping away women’s rights while propping up this archaic “head of the household” nonsense for men. Add a dash of breeder culture, and you’ve got yourself The Handmaid’s Tale.
I’m not about to leave my daughters this dystopian dumpster fire as their inheritance.
“However, the agents reportedly did not have a criminal warrant, only a civil “administrative warrant”—a distinction that may prove critical in the legal and constitutional debate now unfolding.”
The warrant was illegal so they had no reason to arrest her. Bet me, if she was a man nothing would have happened. She should have countered and arrested ICE.
Judges should be arrested if they break the law. I'm not a lawyer, but it doesn't sound like a law was broken here? If there wasn't an arrest warrant, then he is a free man, i can't see why a judge would be required to hold him for nothing
1.she was bullied for being a woman. True it was one of those unsigned fake Gestapo/ICE warrants.
2.if we do not stop these fascists then we will all be homeless slaves
There was an arrest warrant. However, based on the judge’s statement, a federal criminal warrant is required to detain an immigrant inside the courtroom. The legal question is ‘whether or not the judge is legally bound to hold the immigrant inside the courtroom until the warrant issue has been fixed’. Based on legal precedent, it is not. A judge cannot hold an individual hostage pending a proper warrant (after an incorrect/invalid warrant that does not allow jurisdiction/detainment has been presented) with or without cause as it is overreach and unrelated to the case she already adjudicated. It was a nice try but falls short under the letter of the law.
The judge followed the below requirement of leading the immigrant to a non-public area. Again, the legal question is whether or not the judge is required to hold an individual if ICE does not have a valid warrant.
ICE Directive Enforcement Actions in or Near Courthouses (Jan. 21, 2025)
On Jan. 21, 2025, ICE issued interim guidance, Enforcement Actions in or Near Protected Areas. Under this interim guidance, ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information that leads them to believe the targeted alien(s) is or will be present at a specific location, and where such action is not precluded by laws imposed by the jurisdiction in which the civil immigration enforcement action will take place.
ICE officers or agents must coordinate with the relevant local ICE Office of the Principal Legal Advisor (OPLA) office before conducting civil immigration enforcement actions in or near courthouses to determine whether jurisdiction-specific legal limitations apply.
Civil immigration enforcement actions in or near courthouses should, to the extent practicable, continue to take place in non-public areas of the courthouse, be conducted in collaboration with court security staff, and use the court building’s non-public entrances and exits.
When practicable, ICE officers and agents will conduct civil immigration enforcement actions against targeted aliens discreetly to minimize their impact on court proceedings.
ICE officers and agents should generally avoid enforcement actions in or near courthouses, or areas within courthouses that are wholly dedicated to non-criminal proceedings — examples include family court and small claims courts. When an enforcement action in the above situations is operationally necessary, the approval of the respective Field Office Director, Special Agent in Charge, or his or her designee is required prior to conducting the enforcement action.
The guidance also outlines responsibilities of the Field Office Director and the Special Agent in Charge.
For purposes of the ICE Interim Guidance: Civil Immigration Enforcement Actions in or Near Courthouses, a civil immigration enforcement action is any action taken by an ICE officer or agent to apprehend, arrest, interview, or search an alien in connection with enforcement of administrative immigration violations. This policy does not apply to criminal immigration enforcement inside courthouses.
ICE Directive Common Sense Enforcement Actions in or Near Protected Areas (Jan. 31, 2025)
On Jan. 31, 2025, ICE issued a memorandum, Common Sense Enforcement Actions in or Near Protected Areas, which noted that the DHS Jan. 20, 2025, guidance, Enforcement Actions in or Near Protected Areas, acknowledges the ability of the DHS law enforcement personnel to apply enforcement discretion to balance a variety of interests, including the degree to which law enforcement actions occur in protected areas.
As a result, DHS is not issuing rules regarding where immigration laws are permitted to be enforced. Instead, through the Jan. 31, 2025, ICE memorandum, the ICE Director charges Assistant Field Office Directors and Assistant Special Agents in Charge with the responsibility for making case-by-case determinations regarding whether, where and when to conduct an immigration enforcement action in or near a protected area.
Thanks for posting the in-depth rules, etc. It’s clearly another overreach by ICE. My guess is they did this, hoping to create an incident where they could arrest/charge the judge. It’s the fear factor they are going for…a clear message to other judges. ICE is doing this type of thing all over the country. It’s terrifying. In another example, they arrested a Japanese Computer Science PhD student. He’s a father of 5, here legally, married to an American, the children are American. He has one year left on his PhD…his horrible crime? On a church trip he organized (fishing trip), one of the persons caught too many fish (not him…someone else). But because he “organized” the trip they felt it necessary to cite him. Which is another issue altogether. But that is his crime. He has a citation for something he didn’t even do. Hardly the murderers, rapists, mentally insane that Trump righteously insists he’s protecting us from. This is just one of the thousands of similar situations. It’s horrifying.
Thank you for posting this (as well as the “ common sense” (now there is an oxymoron for you) follow up. This case aside, it is rather grotesque how it seems that they have thought through and made provision for every little dastardly move that they might make. I bet the rule book is pretty long and picayune. All the more reason to push back on their overreach snd make sure they are legally hemmed in wherever possible. I nope the judge is well supported by counsel.
Thank you for your post - well researched and informative, you provided important information about how the laws read and should be interpreted and applied. This is greatly appreciated considering the these laws and regulations are being used to undermine our democracy and constitution.
Doesn’t sound like a legal warrant since it wasn’t issued by a judge. It was just ICE filling out its own piece of paper. Sounds like the judge did everything correctly to me. I absolutely think she knows the law better than any incompetent Trump appointees.
I haven’t reviewed what ICE presented as a ‘warrant’. I was only able to review the judge’s requirement, which they didn’t meet in order to detain an individual inside of a courtroom. The requirements under the law are different inside of a courtroom versus in public. Although I’m inclined to agree with you about the warrant they may have presented as it’s unlike this administration to follow the law.
CITIZENS ARRESTS ARE STILL LEGAL!
SHALL WE RIDE AT DAWN?
1600 PENNSYLVANIA AVE!
PERIOD!
This is what I thought. Nobody would want it to be the case that a judge could just hold someone like that. I am not American so not up on the law like you, thank you for this explanation.
I think you're misunderstanding, the judge didn't let ICE arrest a man who was in her courtroom for something else because ICE didn't have the appropriate warrant. Then the judge was arrested for "obstructing" ICE.
by letting man leave via a 'staff only' door
I'm not sure what your point is but it's not illegal for someone to use a Staff Only door...
my point was that ICE/FBI alleging "obstruction" = Judge letting man leave via 'staff only' door.
Yeah, this doesn't sound illegal to me. I'm just learning about this myself, but it doesn't sound like the judge broke any laws
The ice agents presented an administrative warrant. There is nothing enforceable about it. Only a judicial warrant is enforceable. The judge would not be upholding the law if she (or any other American) convinced the migrant to hand himself over to the ice agents.
No one broke the law thus the problem. An administrative warrant is NOT the same as a criminal warrant.
I am sick of ICE over stepping it's authority to the point that I said with the immigrates legal or otherwise. As far as I am concerned ICE us the terrorists organization that is the most dangerous to our country. They need to be stopped.
Arrest 34 count convicted felon
Deviant Donald tRump. Arrest AND imprison.
This was likely done as a statement. Meant to send alarm bells to other Judges everywhere. I’d bet they knew exactly what she was going to do and planned on arresting her. Probably one of those “woke” judges who follow the law regardless of which President nominated them.
Nothing this administration does is legal.
She didn’t break the law…if you’re MAGA you only hear what you want.l.somsotnthis one out Buttercup
Im not maga! I'm Canadian lol. I just meant in general judges shouldn't be above the law (how Parnas said it, it sounded like simply arresting judges is a constitutional problem), but it really doesn't sound like this judge broke any laws by not detaining this person.
I think i may have phrased my post in an unclear way
The fact a JUDGE was arrested for upholding the LAW is terrifying! I am absolutely dumbfounded by this
I agree. I’m tired of the Trump appointee lies and fake orders of every kind (even the so called executive orders Trump treats as law).
I hope this causes an uproar in the likes No one has ever seen! Trump and his thugs need to be stopped!!
Exactly!!!
I agree, but how??
Lawsuits, hold Patel in contempt!
lawless fascist f-cks
I feel like a threshold has been crossed today regarding our loss of democracy….and I couldn’t be more mad..and sad. We HAVE TO RISE UP NOW—-before it’s too late🙏🏼
I have taken several trainings with immigration rights groups.
An administrative warrant is not enforceable and the judge was acting to uphold the law by preventing the migrant from being subjected to abuse.
This judge has been known as a defender of immigrants’ rights. I think it is clear that she was set up.
It’s an unlawful arrest. She should sue and they should be criminally prosecuted.
https://substack.com/@chutch2/note/c-112035598?r=53iokk
So we're just arresting judges now?? No checks and balances anymore.
The whole Trump regime needs to go now!! Republicans that have a conscience need to ally with Democrats.
They do, they are turning DC into the Capitol from the Hunger Games mixed with a splash of the Handmaid's Tale. I'm over it.
I didn't see either show you mentioned, but I learned a lot about Nazi Germany. By the way, Trump's Grandfather and Father were American Nazis. Interestingly, in WW2 the ONLY potential “alien domestic enemies” were Japanese Americans. Anyway, this man is trying to turn this nation into a Neo Nazi regime. He disregards the fact that in WW2 Nazis hated Russians. Just saying.
Yes, he does. However, what I’m referencing is the fact that our Capitol is overrun with clownish, self-serving politicians—more like the Capitol from The Hunger Games (book series, highly recommend) than an actual seat of democracy. It’s all unbridled patriarchy now.
They’re actively stripping away women’s rights while propping up this archaic “head of the household” nonsense for men. Add a dash of breeder culture, and you’ve got yourself The Handmaid’s Tale.
I’m not about to leave my daughters this dystopian dumpster fire as their inheritance.
Sounds like
a witch hunt which this regime is always screaming!
Every accusation is a confession for this regime!
Does she need donations for legal counsel?
Thank you for promptly informing us.
Excerpt from your work:
“However, the agents reportedly did not have a criminal warrant, only a civil “administrative warrant”—a distinction that may prove critical in the legal and constitutional debate now unfolding.”
The warrant was illegal so they had no reason to arrest her. Bet me, if she was a man nothing would have happened. She should have countered and arrested ICE.
She followed the law. This wasn't a warrant signed by a judge
So so scary
Insane!
Soooo, if ICE is making up their own warrants, can we also make up warrants & detain them for hate crimes? I mean..seems only fair..