Federal judge rules ICE in Iowa illegally detained man, tried to 'cover its tracks'
A federal judge ruled that U.S. Immigration and Customs Enforcement (ICE) illegally detained a man in Iowa after a court ordered his release, finding the agency had no legal authority...
By Fox News · Fox News
A federal judge ruled that U.S. Immigration and Customs Enforcement (ICE) illegally detained a man in Iowa after a court ordered his release, finding the agency had no legal authority at the time and later attempted to "cover its tracks." In a Jan. 2 order, U.S. District Judge Stephen Locher said ICE violated federal law when it detained Jorge Eliecer Gonzalez Ochoa on Dec. 23 because it had not yet issued a valid " Notice to Appear ," a document the court said is required to start removal proceedings and justify detention. "It is undisputed that ICE had an arrest warrant and order to detain as of that time, but that a Notice to Appear was not issued until some unspecified time later in the day," Locher wrote. Although ICE later issued a Notice to Appear and thereby "cured" the initial defect , the court said the agency’s actions at the time of the arrest were unlawful and inconsistent with federal regulations. FEDERAL JUDGE LIMITS ICE ARRESTS WITHOUT WARRANT, PROBABLE CAUSE Locher sharply criticized ICE for mailing the Notice to Appear later that day rather than serving it in person while Gonzalez Ochoa was already in custody. "In context, it appears that ICE served the Notice to Appear by regular mail to obfuscate the timing of events and suggest that it might have been issued at the same time as the arrest warrant and order to detain. In other words, ICE knew it should not have issued the arrest warrant and order to detain in the absence of a Notice to Appear but sought to ‘cover its tracks,’" the judge wrote. "This is unacceptable. With no pending removal proceeding, and no Notice to Appear, ICE was required to allow Gonzalez Ochoa to be released at 10:00 a.m., period — not to arrest him and then scramble around later to backfill crucial missing documents in a misleading way," he added. FEDERAL JUDGE TEMPORARILY BLOCKS DHS TERMINATION OF FAMILY REUNIFICATION PAROLE PROGRAMS OVER NOTICE CONCERNS The court declined to order Gonzalez Ochoa’s immediate release but…