Long-standing immigrant in the U.S. contests unauthorized ICE detainments
In a controversial move, the Trump administration's aggressive immigration enforcement tactics have come under scrutiny, with internal data revealing that only a small fraction of undocumented immigrants known to ICE as having been convicted of sexual assault and homicide have been arrested and detained after six months. This revelation follows the arrest of Abel Orozco, an undocumented immigrant living in the United States for about 30 years, who was detained without a warrant six months ago.
Orozco's arrest, which took place in his home state of Illinois, allegedly violated a 2022 settlement that required ICE to have probable cause before making arrests without warrants. ICE agents were initially looking for Orozco's eldest son but detained Orozco instead when his car arrived at the property. Orozco was handcuffed and detained for over an hour before ICE realized they had the wrong person, but he was not released.
Mark Fleming, the associate director of litigation at the National Immigrant Justice Center, stated that Orozco's arrest was illegal. Fleming expressed concern that other arrests like Orozco's by ICE could follow, stating that large-scale sweeps in communities could lead to tremendous error rates as far as who gets arrested.
The arrest of Orozco and about two dozen others, including a U.S. citizen, has drawn attention to the issue of warrantless arrests by immigration authorities and the potential for collateral arrests of law-abiding migrants. Fleming said Orozco's case shows the complications of the immigration system and how one decades-old decision can lead an immigrant who has built a life in the U.S. to suddenly be facing deportation.
The 2022 settlement agreement regarding warrantless arrests by ICE in Illinois, Indiana, Wisconsin, Kentucky, Kansas, and Missouri, primarily covered by the ICE Chicago field office, required ICE agents to thoroughly document warrantless arrests. This included documenting specific details in the arresting documentation, known as an I-213 form: the administrative warrant, location of arrest, employment or residence, community ties, and probable cause.
However, recent developments have indicated changes in enforcement policies despite ongoing legal challenges. It's important to note that ICE's policy on warrantless arrests can change, and recent communications suggest a shift back towards more discretion in making such arrests. A separate settlement agreement from 2022, affecting warrantless arrests in general areas like courthouses, is set to expire in May 2025.
The Trump administration has defended its tactics and mission of increasing deportations to defend the U.S. borders. ICE did not immediately respond to requests for comment regarding the allegations of illegal arrests and violations of the settlement. The U.S. attorney for the Central District of California denies wrongdoing, stating that federal agents have never detained individuals without proper legal justification.
Orozco's continued detention is having a devastating effect on his family. His wife has breast cancer, and their home could be in foreclosure due to lost income from his client's tree-cutting business. Fleming stated that Orozco's case is a prime example of the unintended consequences of the immigration system, where one small mistake can lead to a lifetime of hardship.
[1] Source: NBC News [2] Source: National Immigrant Justice Center [3] Source: American Immigration Council
- The issue of warrantless arrests by immigration authorities, including the case of Abel Orozco, has sparked debate within policy-and-legislation circles, raising concerns about potential violations of civil rights and the potential for collateral arrests of law-abiding migrants.
- The controversy surrounding the Trump administration's immigration enforcement tactics, such as the arrest of Abel Orozco without a warrant, has become a focal point in politics and general news, with debates surrounding the legality, efficacy, and humanitarian implications of these tactics.
