LOS ANGELES, July 23 (Xinhua) -- The U.S. Immigration and Customs
Enforcement (ICE) agents violated constitutional rights, engaged in racial
profiling and adhered to a "cowboy mentality" practice during home raid
operations conducted since 2006, a report analyzing arrest records said.
The report, released on Wednesday by the Immigration Justice Clinic at
Yeshiva University's
Benjamin N. Cardozo School of Law, said the ICE has vastly expanded its use
of home raid operations as a method to locate and apprehend individuals
suspected of civil immigration law violations.
This report is the first public effort in the United States to compile and
analyze the available evidence regarding the prevalence of constitutional
violations occurring during ICE home raids.
These home raids generally involve teams of heavily armed ICE agents making
predawn tactical entries into homes, purportedly to apprehend some high priority
target believed to be residing therein, said the report.
The ICE has admitted that these raids are without warrants, therefore, any
entries into homes require the informed consent of residents.
However, a growing body of evidence has arisen since 2006 which suggests
that many ICE agents have failed to routinely observe constitutional
requirements in carrying out ICE home raid operations, the report said.
Citizens and non-citizens alike are protected by the Fourth Amendment's
prohibition against unreasonable searches and seizures.
But frequent accounts in the media and in legal filings have told a similar
story of constitutional violations that includes ICE agents' breaking into homes
and seizing all occupants without legal basis, according to the report.
From these accounts, the picture that emerges from a typical home raid
depicts a team of heavily armed ICE agents approaching a private residence in
the predawn hours, the report said.
With only administrative warrants which do not grant them legal authority
to enter private dwellings, agents push their way in when residents answer the
door, enter through unlocked doors or windows or, in some cases, physically
break into homes, according to the report.
Once inside, agents immediately seize and interrogate all occupants, often
in excess of their legal authority and even after they have located and
apprehended their target, though in the large majority of cases, no target is
apprehended.
According to the report, the data collected also revealed a trend
suggestive of racial profiling by ICE agents during home raid operations.
The report said data demonstrate that Latinos are significantly
overrepresented in collateral arrests by ICE agents during home raids.
Angelica Salas, executive director of the Coalition for Humane Immigrant
Rights of Los Angeles, a regional immigrant and human rights organization based
in Los Angeles, responded to the report by saying that "the cowboy mentality is
alive and well within ICE and few if any oversight measures are respected."
She said the Department of Homeland Security should demonstrate a
commitment to reform enforcement efforts and uphold the constitution.
"Americans deserve a Department of Homeland Security that abides by the law
and not a quota system as it clumsily applies our nation's highly dysfunctional
immigration laws system," she said.