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Local Voices

Baseless Detentions Right Across Our Border

“Law office can I help you?” “My husband has been detained by immigration, what do I do, how can I find him, what will happen?” “Why was he detained?” “He was just shopping at the flea market.”

At this point I don’t even have to ask which flea market. I know it was right across the Massachusetts border in Salem, New Hampshire. ICE usually picks up those in criminal court after an ICE hold has been issued. Driving While Intoxicated, Assault and Battery, Shoplifting, Trespassing, even driving without a license these days.

While I may not agree that a stealing a pair of sneakers merits throwing someone in immigration detention for an unknown period of time and ultimately maybe getting that person deported, at least my legal mind accepts the detention of that individual.

What my legal mind (or any other part of my mind, for that matter) cannot accept is that individuals minding their own business, shopping at a flea market, and spending their dollars in our plummeting economy can be interrogated based on looking a certain way and arrested without any probable cause! This really, for lack of a better term, absolutely just blows my mind. The first time I heard it I didn’t believe my caller. No, I thought. Your husband MUST have a criminal record and they must have been looking for him. Maybe he didn’t tell you about it? I’ll have to do a background check on this one… And the background check comes back, time and time again, spotless.

While in criminal court this arrest would quickly be thrown out as baseless, it is not so easy in immigration court. In New York, an arrest of a family was in fact thrown out when ICE climbed through the window to gain entrance into the home. Is this what we are coming to in this country? Arrests while shopping at flea markets and officers crawling through windows with no warrant?

I hear the other side of this debate – that this person is here illegally and that in itself is a crime. While I have many arguments against that mentality, they aren’t relevant to my complaint in this instance. In America you are innocent until proven guilty. In America, police officers need reasonable cause to detain you. In America, police need reasonable cause to stop you. In America, we just don’t stop people on the street and ask them what their immigration status is or what they are doing at a calm gathering.

Can you imagine if a police officer approached you at a picnic and asked you to show him proof that you are a US Citizen? Or asked you what you were doing at a flea market? (uh, officer, what do you think I am doing at a flea market???!!!???!?). But then again, I don’t have to imagine such a scenario. I speak fluent English and I look the right way. I’ll end with a quote we all probably know by a rather famous immigrant who visited the United States in 1933 and just never returned to his homeland, Albert Einstein, “the world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.”

New Hampshire's slogan only adds irony to the frustration here. Live Free or Die. Hmmmmm.

Theresa

4:08 pm on Sunday, October 14, 2012

It is frustrating to wait years for the Govt and States to process illegal aliens, legally in the United States. Our legal process on immigration has been constitutionally and lawfully in place for more than a century and was working, until illegal aliens decided to smuggle in, by the hundreds of thousands, via planes, trains, automobile, boat and their own two feet, scavenging all of our borders in the broad daylight or dead of night, overwhelming our safeguards.
There are thousands of people waiting legally to gain entry, lawfully. Waving a magic wand for all of them doesn't work because there needs to be quotas and orderliness in the process. Our citizens need to be protected FIRST and resources need to be in place, BEFOREHAND to take on the extra burdens that accompany the influx into our communities.
We cannot afford them, to overwhelm our schools, healthcare and public safety establishments. We cannot tax our townspeople overwhelmingly, to handle the monetary crushing debt, incurred by them to our to State and Govt. We need to protect the legal process because being in 'freefall', like we have been on this issue, is causing more harm than good.
And if an illegal alien has broken any of our laws, then he or she, should be deported immediately. You cannot deserve to live in a free, orderly, protected, democratic society if you cannot follow and obey the rules of law for ALL.The law, is the law.

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Kira Gagarin

6:18 pm on Sunday, October 14, 2012

Hi Theresa. Thanks for reading and commenting. I agree that there are thousands of people waiting and that there is no magic wand. I agree that US Citizens should be our government's first priority. Our immigration laws have been ever changing and people have always come to the US and stayed - like the Einstein example that I used. Years ago the Chinese were excluded and the Japanese were put in camps so I am not sure that we always had great laws until "illegal aliens decided to smuggle in". But like I said, that debate is a great one to have but not the one I was focusing on. Despite where you stand on the immigration debate, what is your opinion about people who somehow look like they may be undocumented being harassed, interrogated, and detained while shopping at flea markets? Doesn't the fact that police need probable cause to arrest someone/pull someone over mean anything? Is being darker skinned or speaking Spanish with your friends probable cause enough these days? Or do you think that since they are here illegally that this is fine and that if thats how we "get em" then thats fine - that our legal safeguards and checks should be put aside to enforce immigration by profiling and detaining people without probable cause?

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Ralph

10:05 pm on Sunday, October 14, 2012

Just a clarification, is it against the law for law enforcement to ask for ID, do they need 'probable cause' to do so?

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Kira Gagarin

10:30 pm on Sunday, October 14, 2012

Hi Ralph. You are required to give your correct name and address if the police ask for it - that is all. You do not have to show ID. You do not have to discuss what you are doing, what you have in your purse, where you are coming from, what your immigration status is... Moreover, a Guatemalan (for example) passport IS in fact ID and is accepted at liquor stores/bars/whatever so not having a US ID is not probable cause to be detained. Many people don't even have IDs - as we know from the voter ID controversy as of late.

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Kira Gagarin

11:54 pm on Sunday, October 14, 2012

http://www.flexyourrights.org/faqs/when-can-police-ask-for-id/

While I suggest being respectful with officers and helping any investigation, I think it is important to know you can say - officer, am I being arrested or am I free to go?

Being from Russia it is a scary concept when authority can detain you for no reason and demand papers just because they want to. I hope even those that are US born can agree with that idea having read the histories of countries where that was the norm.

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Dave Lenane

12:08 pm on Monday, October 15, 2012

Kira, in this day and age a comment like that to a police officer will just get you arrested. It's not the police officer's fault either. They are under pressure to make arrests and generate revenue for cities and towns. Also unfortunate is that many immigrants are the targets. At least to me, this isn't surprising that its happening in New Hampshire. A state where there is no sales tax that would generate a significant amout of revenue.

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YoursIsMineMineIsMine

11:26 pm on Monday, January 7, 2013

The faux voter id controversy. How do they cash their welfare checks without a proper id? These scum do more than speak Spanish. They are criminal invaders who steal rob and kill.

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