Monday, April 23, 2018

Upstate NY farmer says ICE officers stormed his farm without a warrant, cuffed him, threw his phone

Rome, N.Y. -- John Collins was standing outside the milk house at his dairy farm this morning when he heard yelling coming from inside. He ran in, he says, and saw his worker, Marcial de Leon Aguilar, pinned up against the window by armed men.The men did not identify themselves and were screaming at Aguilar, Collins said."I run and say, 'What the hell is going on in here?'" Collins said.Then the men told Collins they were officers with Immigration and Customs Enforcement. He asked them for a warrant or some paperwork to explain what they were doing. They had none, he said, so he ordered them to get off his property and leave Aguilar alone.As this happened, Collins said, Aguilar's children watched. They were waiting nearby for the school bus to come. Collins said the officers put Aguilar in handcuffs and took him across the rural road to their vehicles. At least seven officers had come onto the small farm, Collins said.
Adrian Smith, a spokesman for ICE, said he was looking into the situation and would comment when he knew more.Collins said he followed the officers cross the street and asked them why they were taking Aguilar, but he didn't get a straight answer. He also continued to ask for paperwork, but was not offered any by the ICE officers.Aguilar and his wife, Virginia, are Guatemalan. Aguilar has worked for Collins for about nine months, Collins said. Aguilar, his wife, and his children live in a home on Collins' property.Collins said Aguilar had proper documentation to work for him. And he's been paying taxes since working for Collins.
Aguilar's wife, Virginia, and the couple's four children were not in the U.S. until recently. She was caught crossing the border, illegally, with the children. Collins said she has been meeting with ICE officers since she arrived, and is seeking asylum for herself and the children because of the violence in Guatemala. Collins said Virginia met with ICE officers as recently as last week, and has another meeting scheduled for this Friday. At times, Aguilar has accompanied his wife, who is pregnant, to some of the meetings, Collins said.
Collins said he isn't sure why ICE officers came for Aguilar and he was upset that they came onto his property without any notification or permission and roughed up Aguilar in front of his four children.Just like police officers, ICE officers are required to provide a warrant before they go onto private property.
"ICE needs a warrant. If they go on someone's property without one, they are violating the law," said immigration law expert and Cornell law professor Stephen Yale-Loehr.
Collins said the officers gave him nothing when he continued to ask.Collins followed the ICE officers across as they took Aguilar, in handcuffs, to their three waiting vehicles."I told them you can't come in here without a warrant," Collins said. "They can't take someone and throw them up against the wall because of the color of their skin."
Collins attempted to take photos and video with his phone. When he did that, he said, one of the ICE officers grabbed his phone and threw it into the road. Then they handcuffed him and threatened to arrest him for hindering a federal investigation, he said.But then the officers uncuffed him and left with Aguilar in the backseat of a dark Dodge Caravan.
"This was something you see on TV," Collins said. "You don't expect it to be here."
Now this just show how negatively ICE acting on the behalf of the Trump administration has no regard for the own law that they are sworn to protect. First thing is that ICE had no warrant to come on the private property. That alone should be cause for concern because if the people that are sworn to protect the law aren't obeying it what are we as citizens left with. Not much. Playing with people lives is not a joke and for them to do it in front of his kids shows no compassion.

3 comments:

  1. It's interesting to see that even in a liberal state such as NY that police officers would do this kind of thing. It's almost like the stop and frisk law that officers used to stop civilians (people of minorites) unjustly. It is suspicious though that officers would come to a farm without papers. Even the immigration experts are suprised by their actions stating, "ICE needs a warrant. If they go on someone's property without one, they are violating the law," said immigration law expert and Cornell law professor Stephen Yale-Loehr" I do also think that this does play into Trump's more stricter actions against immigrants.

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  2. I total agree that if ICE is breaking the law were does that leave the rest of us. They need a warrant to come on private property. And they didn't have one so they are breaking the law. Were is the line being crossed saying that they can't commit certain things. Its obvious that the law isn't the line.

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  3. This is kind of tricky because it leave s to the big question that has not be answered clearly in the Supreme Court which is does immigrates under the protection of the law where it is not clearly stated in the constitution which is a problem for the governmen because things like this will continue to happen due to the reason that the Supreme Court has not clearly interpreted if immigrants are protected under the laws. I think in odee to fix this problem the government meaning the Supreme Court needs to clearly state if immigrants are protected under the law. Therefore like I stated before this problem with continue to occur due to the reason that this question needs to be answered which is, Is immigrants protected under the law ?

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