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The posted article is excellent and everyone should read it [techdirt always writes great stuff]. The story's primary source is [this NYT article via archive.is. Every secondary source fail to mention "collateral aliens", and I'm here to rectify that.
ICE is already arresting people just because an officer is suspicious. the NYT article is 2 things:
the director changing the justification of why it's ok. That being: "the person might not be here later, so we have to arrest them now" ... In reality they call this "likely to escape" (same difference).
The new thing is using this justification to arrest anyone who is nearby, who they call "collateral aliens", in group round-ups.
In summary: A single ICE officer can think a dude on the corner looks wrong; can arrest him because he might not be there later; then arrest you just because you're nearby. Now you're a "collateral alien", and have no due process and cannot plead your case.
Absent a warrant, probable cause, or some exigent circumstance, isn't "likely to escape" just a charged way of saying innocent person going about their business?
Yeah, if there were rule of law, that'd be how it'd work.
Great context and additional info. The archive link is throwing an error for me
Tried updating it. it's https://archive.is/eU1K9 And Here's the NYT article
*edit * had to update this too
The archive link is still throwing an error for me saying it's not safe and then dead ends but the nyt link works. I'll add it to the main post
Hmmm. This will not go well.