I saw this on FB.
It leads to this story at TribLive:
Harriett Flores, 38, said her husband took Lily outside and was warming up the car when he was approached by two Immigration and Custom Enforcement agents.
“The ICE agents came up to him, showed no warrant. They just shackled him,” Flores said through an interpreter. “They said he was getting arrested because he was illegal in the country.”
When she tried to ask questions, one of the agents told her to shut up because her daughter was present, Harriett Flores said.
A video Harriett Flores took of the incident shows, Jose, 47, being shuttled to an unmarked vehicle by the agents shortly after 10 a.m.
Some important context:
Flores said her husband has no criminal record. A TribLive search of state and federal court databases showed no criminal record nor pending charges against Jose.
State Rep. Joe McAndrew, D-Penn Hills, said in a social media post Friday that Jose’s immigration status is legal. He called the incident an abduction.
Harriett Flores said she and Jose each have five-year work visas. Both are employed, making the visas valid. They also both have Real IDs, valid driver’s licenses and Social Security numbers.
And so on.
This is the social media post from State Rep McAndrew:
Last time I checked, the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
And the Fifth Amendment:
No person shall...be deprived of life, liberty, or property, without due process of law.
And the Fourteenth Amendment:
...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Are still the law of the land.
Perhaps our friends in ICE should read (can they read?) this posted at Congress.gov:
ICE was established following the creation of DHS in 2003. The authority for ICE officers to arrest and detain aliens believed to have committed immigration violations derives primarily from 8 U.S.C. §§ 1226 and 1357.
Section 1226(a) provides that, upon issuance of an administrative warrant (otherwise known as an ICE warrant), an immigration officer may arrest and detain an alien pending a decision as to whether the alien is subject to removal. An ICE warrant is issued by certain immigration officials who have been authorized or delegated such authority and is exclusively for use by immigration officers who have successfully completed immigration law enforcement training. Unlike judicial warrants issued in criminal cases, ICE warrants do not require a detached and neutral magistrate; instead, ICE warrants require the officer to establish that "there is probable cause to believe" that the individual named in the warrant is subject to removal.
What was the "probable cause to believe" that he was subject to removal?
The man's skin tone and name are not enough.
