Tuesday, February 6, 2018

ICE: Coming to a courthouse (and just about everywhere else) near you

Last month, ICE issued a new directive regarding enforcement actions in courthouses. The directive states that only targeted aliens will be subject to these actions, and that accompanying friends and families will---absent "special circumstances"---be left alone (though the directive warns that all decisions will be made on a "case-by-case basis"). Read the whole directive so you'll know what to expect in your municipal, state, and federal courthouses. And then read this ACLU resource for attorneys whose clients are approached by ICE in a courthouse.

In other ICE news, the agency recently contracted with Vigilant Solutions for access to that company's massive license-plate tracking database. In case you're wondering about the Fourth Amendment implications of such tracking, at least one district court says there are none. See United States v. Yang, No. 2:16-cr-231, 2018 WL 576827 (D. Nev. Jan. 25, 2018). Pay attention to the detailed factual findings in Yang and be prepared to distinguish them in your own Fourth Amendment attack on the use of this invasive tracking technology.

Hat tip 🎩 Laura Shaneyfelt.

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