Undocumented Immigrants Sue ICE Over its Use of Ankle Monitors in the Dallas Office

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A group of undocumented immigrants is asking a federal judge to declare unconstitutional the use of GPS ankle monitors to track immigrants who pose no threat to society.

The suit, filed by Arturo Rodriguez of the Isenberg Center for Immigration Equality, targets the ICE Dallas field office and BI Inc., a Homeland Security contractor and purveyor of ankle monitors. The plaintiffs are asking the judge for damages and a permanent injunction against the use of ankle monitors on immigrants accused only of being in the country without authorization.

In that regard, the plaintiffs have been narrowly tailored, excluding the felons and ne'er-do-wells who make immigration hawks salivate. It only applies to immigrants with strong ties to the community, citizen family members and no criminal record.

The complaint also questions whether ICE has legal authority to demand monitoring for these kinds of immigrants -- a challenge never before mounted.

The monitors, the immigrants argue, are a huge burden -- cumbersome, uncomfortable and with a battery that requires three to four hours of charging every day, effectively tethering them to a wall outlet. Yet they've become a significant component of ICE's overall enforcement strategy.

In 1994, for example, ICE detained some 81,000 undocumented immigrants. In 2011, their ranks swelled to 500,000, costing cash-strapped governments. To stanch the gushing money-hemorrhage that has become immigrant detention, federal prosecutors have only recently begun prioritizing the removal of dangerous immigrants.

For immigrants accused of serious crimes, ankle monitors must be a welcomed alternative to detention. For someone guilty of nothing but violating civil immigration law, it's a kind of scarlet letter -- a "ghost protocol" without statutory backing, they allege -- and one the plaintiffs say they don't deserve.

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49 comments
Ricky Hollywood
Ricky Hollywood

I was with you until the Obama thing.  The whole system is fucked.  Not just Obama.

Armando Cedillo
Armando Cedillo

If undocumented aliens don't want to wear the GPS ankle monitors they should agree to be repatriated to their home countries immediately. The United States is still struggling to pull itself out of the worst economic downturn since the Great Depression - this is not the time to be soft on unlawful foreign nationals competing with jobs and other resources that are the rightful domain of US citizens and legal residents. 

ObserverFan
ObserverFan

Undocumented immigrants? Maybe they're just getting their documentation in order.

White Guilt Is Dogshit
White Guilt Is Dogshit

Bleeding-heart white-guilt libtard "progressive advocacy journalism" propaganda dogshit.

pencil
pencil

The White House calls them undocumented American's.

levotb
levotb

Whatta crock! And The Observer puts up with such blither? They should be ashamed of themselves. First, there's no such thing as an "undocumented immigrant". By Federal law, there are only three kinds of people in the U.S.: 1) citizens, 2) legal aliens (visa'd workers, students and embassy personnel) and 3) illegal aliens. And most illegal aliens carry fraudulent or stolen U.S. ID which is a felony. Breaking into the U.S. or overstaying their visas--whichever it is--makes illegals Federal lawbreakers. These leftist criminals can call themselves what they want, but these are the facts and The Observer should state it.

TheRealDirtyP1
TheRealDirtyP1

What are tourists? Can we slap these tracking devices on them too?

Paul
Paul

 Depending upon the country of origin visa requirements vary.  Essentially a tourist visa allows the tourist to be in the country for up to 90 days and is not eligible for any type of employment.  If they overstay their visa, they are subject to arrest and deportation.  The charges which may be filed will depend upon what they were doing when they were arrested.

pencil
pencil

Are they in this country illegally?

BajaRat
BajaRat

The arrogance of these obnoxious parasites is beyond the pale. Now taxpayers will be forced to pick up the costs of defending this nuisance lawsuit when the corrupt Obama regime could simply throw these leeches out. It is a federal crime to sneak into the US and proceed to squat and filch (Title 8 Section 1325 of the U.S. Code). I say build a wall and deport 'em all.

TheRealDirtyP1
TheRealDirtyP1

Wow. I haven't heard rhetoric like that since I watched Hotel Rwanda. Sharpening your machete yet?

gimme
gimme

That money-gushing-flushing sound you hear is actually just the roar of private prison contractors flying their jets out of DFW for late spring skiing in Gstaad.

Meanwhile, the rest of us scrabble around for the last can of Alpo and fight over who gets the last $15,000/yr job at McWendy's Taco Hut.

TheRealDirtyP1
TheRealDirtyP1

I guess I'm trying to figure out what the point of these devices are if the immigrant hasn't broken a law. Also, it's hard enough for an illegal to get a job as it is, if you put one of these on them, it's going to impede them getting a job even more. Look people, contrary to popular belief, they're not taking jobs from 'Mericans. They do a lot of jobs good 'Mericans refuse to do. There are a lot of people these days that would rather sit home and collect unemployment.

levotb
levotb

TheRealDirtyP1, you are completely ignorant of the law--Federal law. Breaking into the U.S. or overstaying a visa (making those persons illegal aliens) IS A FEDERAL CRIME! Read the following, Title 8 Sec. 1325 of the US Code:

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

Eludes examination or inspection by immigration officers; or

Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact; has committed a federal crime.Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

BajaRat
BajaRat

 Note to TheRealDirtP1: Haven't committed a crime, eh? WTF!

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:*Enters or attempts to enter the United States at any time or place other than as designated by immigration officers;

or*Eludes examination or inspection by immigration officers; or

*Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

has committed a federal crime.

Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

TheRealDirtyP1
TheRealDirtyP1

If it's so black and white and illegal, then why aren't they being forced out in mass droves?Is throwing someone in prison for an immigration violation that hasn't committed a crime other than being here, really cost effective? I see people commenting on here about them being "parasites" and draining our resources, but wouldn't putting them in prison really be draining resources? Right now, they're working, and let's follow the money.-Housing-Food-Services-Retail

Before they send any money back, they're already committing money into the economy. You can complain about them paying taxes, but those services they're buying are taxed, they're not going there and saying "i'm illegal so you can't tax me". Your problem should be in the employer that is not paying taxes on them. These people would have no problem paying taxes if they could get citizenship which normally takes longer than their original visa is for. This is a government agency they're dealing with, and speed is not their forte, but I'm sure you know that already with all the law info you're posting.What exactly has an immigrant done to you that you have such a big problem with them for?

pak152
pak152

"If it's so black and white and illegal, then why aren't they being forced out in mass droves?"

well let's see nowthe federal government and businesses refuse to implement a simple online verification system. We have undergo criminal checks to buy a gun, but we don't have to verify someone's Social security number or the papers they profferfailure to enforce the laws at hand. how many illegals are driving around time without DLs, auto insurance etc? if they get stopped the po-po  should be able to take them into custodytoo many bleeding hearts who seem to have no problem with the illegals flooding the country.

when various states and localities started to enforce the laws, illegals packed up and moved out. Just look at Alabama, Arizona, the Carolinas.

rubbercow
rubbercow

They are not being forced out in mass droves because our government (both parties for several decades) has refused to deal with the very obvious problem that their presence creates.  

Your argument concerning cost-effectiveness is without merit; almost no aspect of having a government is "cost effective".  Of course, there are exceptions, but they are very few.  

Follow the money?  That is part of what the argument before SCOTUS will be.  I would love to see those who hire illegal workers (scabs) forfeit their assets and face serious personal consequences for the act of exploiting the illegal worker and for participating in an underground system which deflates the wages of legal workers.

I don't think that you have much experience in the culture that grows up around illegal immigrants; I have lived around them now for five years and have been told (and witnessed myself many, many times) that everyone else is cheating so you (the illegal immigrant) would be foolish not to cheat.  Cheat on taxes, cheat on food stamps, cheat on insurance, cheat on health care, cheat at your job, cheat your neighbors, etc., etc., etc....

You insist that anyone who would like to see some law and order restored to this aspect of our nation's life is a racist?  How, specifically, does being against illegal immigration make one a racist?  I will wait.

BajaRat
BajaRat

The federal government (both major parties) are corrupt and have been for decades. They are in bed with banksters, the vile USCC, radical groups like the Tan Klan (aka La Raza), big business that wants cheap, dumb labor, etc. The current regime is blatantly fascist and totalitarian.... a true dictatorship. Got it? We are either a nation of laws or we aren't. With Comrade O at 1600 Pennsylvania Ave. we are not.

Guest
Guest

"I guess I'm trying to figure out what the point of these devices are if the immigrant hasn't broken a law."

It's to make sure they show up for their removal hearing.  These are people who will be removed (i.e. sent back to their country of origin) as soon as ICE can get them in front of an immigration judge, which will take months.  Many are don't show for the removal hearing because they know what the outcome will be (most fight removal only to buy some more time here).  They can be difficult to locate once the removal order is granted. 

TheRealDirtyP1
TheRealDirtyP1

Thanks for that clarification, makes total sense.

Legal
Legal

What part of illegal are you having trouble with?  They broke the law.  They are here illegally.  

TheRealDirtyP1
TheRealDirtyP1

so let's put one on every illegal?  #1 the cost would be extraordinary #2 there's probably not enough infrastructure to support tracking them all #3 I don't see every illegal as a criminal. I see them as people, trying to make their way in a country that people come to as the land of opportunity. We're fortunate to be born here and not have to go through what they have. If they're not breaking laws, then what's your problem? You should feel more threatened by the skilled workers that come from Asia and take highly skilled jobs. I'm more frustrated that we cannot come up with a way to train our citizens to get these types of jobs than I am from people coming from Mexico where there are no jobs and they take the jobs here that people don't want to work.

BajaRat
BajaRat

 How about simply enforcing existing laws and throwing the miscreants out?

james
james

ankle monitors? detention? spend spend spend.  they need a bus ride. quick and cheap as possible. stop wasting time and money.

NewsDog
NewsDog

What we really need is rail service. Then we could ship them back by the train load.

Scruffygeist
Scruffygeist

Be happy that's all that happens, considering the way some other countries deal with illegal immigrants who think touching down on someone's soil without authorization actually gives them rights.

Montemalone
Montemalone

This is all a big hullaballoo. Not to worry. Homeland Security is merely testing out the technology before mandating that citizens also get tagged, so we can all be safe.

Orwell R Us
Orwell R Us

If illegal aliens can be referred to as "undocumented immigrants", then there is no reason not to refer to rapists as "passionate lovers", so that when Anna or someone else here does a story that goes so melodramatically over the top that it refers to a woman being "raped", we can all reassure our friends and relatives that UP was only reporting a spat between a passionate lover and his beloved. I mean, if UP uses deceptive language in one story, there's absolutely no reason to assume that they're not using the same types of deceptive language in all stories.

See how this works?

Brantley Hargrove
Brantley Hargrove

What hyperbole! You're equating a violent sexual assault with someone entering the country without documentation, as Hispanics have done since the founding of this country? Have you ever been to Texas?

How is the term deceptive? They are immigrants without documentation. I don't refer to them as illegal immigrants because I believe characterizing any human being as "illegal" is objectionable.

TheRealDirtyP1
TheRealDirtyP1

The immigration racists are out in full strength now.

rubbercow
rubbercow

Please clarify what you mean.

levotb
levotb

Brantley, apparently you're unaware of the fact that illegals kill or murder 25 Americans per day, commit hundreds of thousands of rapes, child molestations, robberies, drive illegally on our roads and without insurance and so forth. Illegal immigration is NOT "a victimless crime", idiot!

Autospam
Autospam

That's OK -  I found it for you...  From http://www.splcenter.org/get-i...

THE CLAIM: Undocumented immigrants kill 25 Americans a day.THE PURVEYORS: U.S. Rep. Steve King (R-Iowa), in a May 5, 2006, column on his website, claimed that a day without immigrants would create a far safer America: "The lives of 12 U.S. citizens would be saved who otherwise die a violent death at the hands of murderous illegal aliens each day. Another 13 Americans would survive who are otherwise killed each day by uninsured drunk driving illegals." King's claim has been repeated hundreds of times, sometimes by extremist activists like Clyde Harkins of the American Constitution Party, and frequently by radio hosts like Peter Boyles of Denver's KHOW-AM. Boyles also suggested last year that illegal immigrants had murdered 45,000 American citizens since Sept. 11, 2001.THE FACTS: King claimed he had "extrapolated" his numbers from a study by the General Accounting Office, Congress' nonpartisan investigative arm, that he said showed 28% of inmates in local jails and state and federal prisons were "criminal aliens." What the GAO study actually showed was that 28% of all federal prisoners (federal prisoners make up 12%-17% of the total incarcerated population in the U.S.) were either legal or illegal immigrants. The study did not distinguish between legal and illegal immigrants. It also stated that about 50% of those immigrants were only charged with being in the country illegally, a federal misdemeanor. Just 12% of the total in federal custody were there for murder, rape, robbery or other violent crimes. Regarding the claim of 45,000 Americans murdered by illegal immigrants, FBI statistics show some 85,000 murders from 9/11 to the end of 2006. If the claim by Boyles and others were true, that would mean undocumented immigrants, who make up under 4% of the U.S. population, were responsible for 53% of all murders.Turns out that made up numbers are still made up numbers, even when a Congressman makes them up.... 

Autospam
Autospam

Citation?  Any shred of proof to these numbers?

BajaRat
BajaRat

 Illegal aliens are not "immigrants," but criminals and parasites one and all.

Orwell R Us
Orwell R Us

Brantley wrote: "I don't refer to them as illegal immigrants because I believe characterizing any human being as "illegal" is objectionable."

Brantley, I understand your panic and confusion. It seems to be a natural consequence of your tenuous grasp of the English language.

First of all, while no one can stop you from practicing your own private language according to your own private beliefs, quoted above, those who insist on doing so are typically referred to as "idiots", from the Greek idio-'te-s, or privatized person. But do as you wish.

Second, though, you misunderstand that the term "illegal" is not being used to characterize the person as a person, but rather as a modifier to characterize the behavior, and so to distinguish those who immigrate legally - legal immigrants - from those who don't - illegal immigrants.

Third, though, you have no idea what the intention of any given person you are referring to here might be. Is it to immigrate into the U.S.? How do you know? Which ones told you? You can't simply use "immigrant" as a sloppy collective term because you feel like it and you're too lazy to find a more correct one. Maybe any number of those present here illegally just want to make some quick cash - illegally - and then return home, using our national resources in the process.

So let's summarize:

1) Your characterizations of facts are molded by your feelings rather than by any regard for the truth

2) You don't understand the grammatical functions of modifiers, and so tend to confuse them with behaviors they may be modifying

3) Given 1), above, and because you have no way of knowing anyway, you feel free to decide for yourself what any given person's life ambitions might be, if it helps solidify your own personal biases.

It's for all these reasons, of course, that you confused illegal entry into the U.S. with rape and thus found my comment "hyperbolic", because grasping that I was equating two precisely equal, Orwellian distortions of language for equally purely, selfish political purposes rather than equating the respective acts they spoke to was simply a linguistic bridge too far for you.

pak152
pak152

 Gee I wonder why migration is now at zero? could it be a combination of a poor economy and increased enforcement of the laws. maybe, could be, waddaya tink?

Orwell R Us
Orwell R Us

Brantley wrote: " If you're talking about illegal immigration, that's one thing. You do understand that an immigrant is a noun referring to a person? And when you attach the illegal modifier, you're categorizing the modified, the person, as illegal. Pretty simple, really."

Brantley, it's obvious that what I need to double down on here is your education, so I will.

Let's assume from your first sentence that you don't find illegality itself "objectionable", whatever that means to you, that unknowable private bias according to which you subsequently publicly alter the facts you serve your readers.

So "illegal immigration" is okay with you, but the actor who commits the act of illegal immigration cannot be called what he is, an "illegal alien" (because, again, he might be among that vast number of illegal opportunists NPR keeps telling us today DIDN'T immigrate, having chosen instead to leave and lower Mexican net migration to nearly zero*) without causing you some sort of pearl-clutching fit.

I understand, Brantley: you want to elevate the empty and meaningless cliche "No person is should be considered illegal!" to a High Principle, which is of course why you find yourself trapped in this swamp to begin with: you were hired for reasons other than your ability to think.

But someone who trades stocks illegally is just as much an illegal actor of his particular behavior as someone who enters the country illegally, and yet we never hear young, thoughtless pundits (let's not add debasing the term "reporter" to the list of language sins today) like you sobbing "But you CAN'T call him an "illegal trader", that's objectionable and dehumanizes him, sob, sob.", so I'm afraid we will be forced to indict you as a sanctimonious hypocrite as well, someone who is merely cynically using the problem of illegal entry into the U.S. as a cheap and lazy means to advance a dubious career.

Hope that helps.

*"Net migration is now zero, net migration is now zero, net migration is now zero"...repeated enough times the way NPR keeps inflecting it today it begins to sound like...abracadabra..."illegal immigration is now zero, illegal immigration is now zero, illegal immigration is now zero". So, golly, Mom, why is the Supreme Court even fooling with that silly old Arizona law, if no more Mexicans are even coming in illegally?

Brantley Hargrove
Brantley Hargrove

 If you're talking about illegal immigration, that's one thing. You do understand that an immigrant is a noun referring to a person? And when you attach the illegal modifier, you're categorizing the modified, the person, as illegal. Pretty simple, really.

Come on, Orwell. Now is no time to back away from that awful rape analogy. Double down!

Liberame Ya
Liberame Ya

(I am of hispanic heritage)... In this country illegally/without documents? It is called an illegal alien... Or mojado if you wish. Don't like it? Though! Argue all you want. But only in merica you catch a thief on tape in flagrante delicto and we still say Alleged Robber.

rubbercow
rubbercow

Your racism is showing, Brantley.

Daniel
Daniel

And we can refer to people who make electrical repairs on their properties without first obtaining a permit as "cold-blooded serial killers." 

I do, I do! I do see how it works!

rubbercow
rubbercow

"For someone guilty of nothing but violating civil immigration law".......Saying that this is just simple violation of civil law is a bit dishonest.  True, it is a violation of civil law - for which the remedy is deportation according to statute.

BajaRat
BajaRat

Er, entering the country is a federal misdemeanor on the first offense. Subsequent offenses are felonies. Look up Title 8 Section 1325 of the U.S. Code.

Guest
Guest

"It only applies to immigrants with strong ties to the community, citizen family members and no criminal record."

Does it apply to illegal aliens that have been deported once before?  Because those people are also in violation of federal criminal law (illegal reentry is a crime), though they wouldn't necessarily have a "criminal record."  Just curious.   

I'm very much in support of reforming our immigration laws to allow more easy immigration, but I don't have that much sympathy for people who ignore the laws of our country while they are guests here. 

Ridiculous
Ridiculous

NEWSFLASH: It was the "pro-immigrant" groups who pushed the use of ankle bracelets years ago as an alternative to detention. Now that ICE has started using the bracelets, I guess it's time to sue again?

These groups won't be happy until illegal immigrants are allowed to run free.

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