Don't Run and No Autographs - ICE Raids and the Laken Riley Act
A Gentle Reminder that Non Citizens have certain Protections under the Constitution
I’ll make two quick points because it’s relevant to this podcast and to this substack below. Excuse my lawsplaining.
First, non-citizens are persons under the Constitution.1 There is no ambiguity in this statement; no matter what your racist uncle says at the Thanksgiving table.
As such, non-citizens have certain protections under the constitution. They include: the right to remain silent and due process under the Fifth and 14th Amendments [one cannot be deprived of life, liberty, or property without fair legal procedures]. Non-citizens also have the right to free speech, religion, and assembly under the First Amendment.
Yes. Assembly. A non-citizen cannot be arrested for simply participating in a peaceful protest, again, no matter how your uncle chooses to Mericasplain the opposite to you whilst, now, eating all of your sweet sweet yams.2
More importantly, the Fourth Amendment protects non-citizens from warrantless searches by police or ICE. And, relatedly, the Sixth Amendment requires Non-citizens the right to a speedy and public trial [criminal - relevant to the Eight Amendment], while the Eighth Amendment, prevents the Government from issuing excessive bail and inhumane treatment.
Second, you should tell your Uncle, who is now eating all of your apple pie, that a violation of immigration law is a violation of civil and administrative law and not a violation of criminal law. It’s akin to jaywalking.
Yes, non-citizens still have to answer to other actual crimes if one has been committed, but, all of those aforementioned protections still have to be adhered.
So, Guantanamo Bay is not an option, the Riley Laken Act will likely be amended, and your Uncle will still not hear one word you’ve said at the table because he will assume that you’re a communist.
That’s the rant. Now the disclaimer:
The ICE Raids
ICE is not rounding up as many U.S. Citizens as Tik-Tok [Tic-Tac] will lead you to believe, but the aperture of who will be picked up will surely broaden.
The look of detaining only hundreds of non-citizens, many of whom with admittedly violent criminal records, looks particularly bad for an administration that previously contended there were over a hundred thousand illegal violent criminals roaming the free world. The roundup will expand in scope to include non-citizens with no criminal history.
But what rights do you have if you’re in the middle of one?
Here’s the short, if you don’t like my voice:
Don’t Run
Ask if you can Leave, and if you can walk away slowly
You have the right to remain silent
Ask to see a signed warrant from a judge - not an ICE official before you allow officers into your workplace or home
Do not sign anything before speaking to a lawyer or legal representative
Request a call to your lawyer or legal representative
Document or have your friend document everything
See point 5 again.
The Laken Riley Act
If you’ve read this far, you’ll know where I think this Act will end.
Yamataya v. Fisher, 189 U.S. 86, 100–01 (1903).
Candied yams are a classic Southern dish and a quintessential Thanksgiving side. Candied yams include sweet potatoes, and covered in sweet brown sugar sauce, and flavored with vanilla. You can get the full recipe here. https://www.delish.com/holiday-recipes/thanksgiving/a28449548/candied-yams-recipe/