法官:移民局侵犯了利比里亚男子的人权,原因是破门而入。
Judge: ICE violated Liberian man's rights by bursting through front door

原始链接: https://www.fox9.com/news/judge-ice-violated-liberian-mans-rights-bursting-through-front-door-during-arrest

联邦法官下令立即释放利比里亚移民加里森·吉布森,理由是移民局(ICE)在明尼阿波利斯逮捕他侵犯了他的第四修正案权利。上周末,武装特工持撞锤进入吉布森家中,仅出示行政文件,而非司法令状,尽管家人多次要求提供令状,这一过程被直播记录。 杰弗里·布莱恩法官裁定无令状搜查是非法的。尽管移民局官员将吉布森称为“犯罪非法移民”,并称他有犯罪记录,但法官发现他目前没有任何犯罪记录。吉布森在移民监管下生活了超过15年,定期向移民局报到并遵守监管要求,即使他之前曾因毒品犯罪被定罪,但后来该罪名被撤销。 法官的命令要求吉布森在周五中午前获释,并允许他的法律团队寻求律师费。吉布森于周四晚上获释,这标志着他的法律团队取得了胜利,并引发了对移民局程序的质疑。

最近一宗案件凸显了对美国移民及海关执法局(ICE)策略和潜在越权的担忧。一名法官裁定,ICE通过强行用破门锤进入一名利比里亚男子(被称为“Garrison G.”)家中进行逮捕,侵犯了他的权利——尽管ICE最初声称他有犯罪记录,但法官驳斥了这一说法。 这起事件在Hacker News上引发了关于ICE无视法律程序以及对公民自由更广泛影响的讨论。一些评论员表达了对潜在选举干预的担忧,并提到了唐纳德·特朗普过去关于推迟选举的言论。另一些人则注意到对这类侵权行为的漠不关心,一些人认为无证移民不享有权利。 尽管普遍支持驱逐出境,但一些民意调查表明公众对ICE的方法表示不满,但由于有偏见的报道,公众意识的程度仍有待考量。这起案件凸显了关于移民执法与宪法权利之间平衡的日益激烈的争论。
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原文

A federal court judge has ruled that the recent ICE arrest of a Liberian immigrant in Minneapolis violated his constitutional rights, ordering his immediate release.

‘No judicial warrant’

What we know:

U.S. District Court Judge Jeffrey Bryan found that the arrest of Liberian immigrant Garrison Gibson violated his Fourth Amendment rights.

The judge ordered Gibson's immediate release from ICE custody, as the arrest was conducted without a judicial warrant.

Gibson was arrested last weekend in his north Minneapolis home when armed federal agents used a battering ram to bust open the family’s front door. The agents had only administrative paperwork, not the required judicial warrant to breach private property.

"To arrest him, Respondents forcibly entered Garrison G.’s home without his consent and without a judicial warrant," wrote Judge Bryan in his nine-page order. "This arrest violated the Fourth Amendment. For this independent reason, Garrison G.’s detention is unlawful, and the Court orders his immediate release."

Arrest caught on camera

The backstory:

Cameras captured the chaotic scene as armed federal agents broke into Gibson's home.

His loved ones streamed the incident live on social media, demanding to see a judicial warrant that would have allowed the entry. But the immigration enforcement officers on scene only presented administrative paperwork.

Gibson's attorneys immediately filed a habeas petition in federal court, leading to the judge's ruling. 

Under immigration supervision for 15+ years

Dig deeper:

According to court filings, Gibson is a 38-year-old Liberian citizen, who has a final immigration removal order dating back to 2009.

But he was living under immigration supervision in the United States for more than 15 years with a past drug conviction that has been cleared from his record.

His attorney says Gibson had just checked in with ICE officials approximately two weeks prior to his arrest and had another meeting on the calendar at the end of the month. In his order, Judge Bryan added that Gibson’s compliance with immigration officials included "submitting to ankle monitoring."

The other side:

In a statement to the FOX 9 Investigators earlier in the week, Department of Homeland Security Assistant Secretary Tricia McLaughlin referred to Gibson as a "criminal illegal alien from Liberia" with a lengthy rap sheet that included robbery, drug possession with the intent to sell, possession of a deadly weapon, malicious destruction and theft. She promised, "This criminal will remain in ICE custody pending removal,"

However, in his Thursday ruling, Judge Bryan found that "Garrison G. has no criminal record."

Gibson released from ICE custoy

What's next:

Judge Bryan gave ICE and the Department of Homeland Security until noon on Friday to release Gibson.

His family says, Gibson had been locked up in the Freeborn County jail in Albert Lea for the last several days. The judge also ruled that Gibson’s legal team is eligible to seek attorney’s fees and costs incurred in fighting for his release under the Equal Access to Justice Act.

Gibson's attorney tells FOX 9 he was released from custody Thursday night.

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