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Comment by cuckcuckspruce | Hacker News Reader

Probably because they're Immigration and Customs Enforcement - not Immigration and Customs Judges. They enforce the orders that they're given. The proper forum for presenting that evidence would be in front of a judge. Or do police officers get to tear up arrest warrants because a family member gave them a video tape showing the person being arrested is innocent?

inb4 'just following orders' response: We're not talking about murdering people here, so here's a ladder so you can get off your high horse and we can engage on the same level.

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From the article:

"The refusal by ICE officials to listen to Carrillo’s claims of citizenship appeared to violate an agency policy that requires officers to thoroughly and quickly investigate such claims"

Of course they are not going to release a suspect immediately, but their responsability was to investigate those claims and bring their supperior's attention to them. They were not "following orders", they were going against them.

>...but he was told he had to file his complaint in writing to an ICE officer who was assigned to his case. He said he did so, but received no response.

>The refusal by ICE officials to listen to Carrillo's claims of citizenship appeared to violate an agency policy that requires officers to thoroughly and quickly investigate such claims. If there is any doubt whether someone is a citizen, the policy instructs officers not to arrest the person until the confusion is resolved.

> until the confusion is resolved.

How is the confusion resolved? ICE officers are equipped to verify the documents?

The damage of an illegal immigrant being out a couple hours longer is minimal. The damage of a citizen being falsely arrested is ideally the worst possible thing we should do. In the case of blatant malice like this, that should be treated exactly like the kidnapping that it is.

Yea that would be ideal but I am trying to verify GP's assertion that " problem lies with ICE officers" or if they are just doing what they are asked to do.

They can certainly contact USCIS, which holds the official records for immigration and naturalization. Both USCIS and ICE are part of the U.S. Department of Homeland Security.

They can also contact the U.S. Department of State, which issues passports, to verify the passport.

> ICE officers are equipped to verify the documents?

If Immigration and Customs Enforcement is not equipped (internally or by communication with USCIS) to confirm the validity of purported immigration documents, why bother having the agency at all? I mean is there anything more essential to their purported mission?

Start by putting a passport authentication device in the offices. Secondly if they are too incompetent to do this, establish a contact number with the relevant agency to verify it quickly. Honestly if they can verify your passport in the airport, how hard is it for ICE to do this?

> The proper forum for presenting that evidence would be in front of a judge.

Ok that makes sense. However given that they are ICE not just a regular police force wouldn't stuff like showing proof of citizens also be enough to amend the order.

> family member gave them a video tape showing the person being arrested is innocent

A video tape is not the same as a passport. A passport is good enough for the DHS to let people into the country or not, nobody has to go in front of a judge there. I don't see why ICE employees couldn't also perform the same check.

ICE is not a normal police force where warrants are issued by judges, they can pick someone up with no specific warrant, they can detain anyone they wish, for as long as they wish, with no due process, provided they believe they are not a citizen.

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