ICE Officers Admit To Arrest Quotas During Court Testimony

Legal Issues

from the being-forced-to-say-the-quiet-parts-loud dept

It’s not that arrest and ticket quotas don’t exist. They do. They always have. They always will. It’s that they’re illegal. Courts have repeatedly criticized quotas because they create incentives so perverse they’d make /b/ board denizens uncomfortable.

Since they’re presumptively illegal, most law enforcement agencies will use any word but “quota” to describe these. They’ll toss around words like “performance goals” or “metrics” or just simply refuse to discuss them at all until they’re forced to.

The Trump administration — in this case personified by advisor Stephen Miller — also doesn’t use the word “quota.” Miller has stated he wants to see 3,000 migrant arrests daily. He’s also made it clear that this is the minimum expected of the government’s anti-migrant storm troopers.

Trump expects the same thing. “Surges” exclusively targeting cities and states Trump lost in the last two elections have generated enough backlash that Trump has had second thoughts about leaning heavily on the first word in the phrase “brutal efficiency.” Those were swiftly replaced by Trump’s third thoughts because that’s just how his goldfish brain operates.

A few sidelinings aside, it’s business as usual in the Trump administration’s war on non-white people. Litigation was always the inevitable outcome of programs that relied on routine rights violations to accomplish the lofty goals set by Stephen Miller.

In Oregon, plenty of federal occupation activity has already occurred. Portland’s residents appear to have won, but there’s still the matter of ongoing lawsuits seeking compensation for violated rights and/or seeking injunctions forbidding any future rights violations.

While it’s true that federal officers like to lie about stuff they’ve done or will do, these lies are almost always exposed once they submit evidence or testify under oath. In an ongoing class action lawsuit being spearheaded by Innovation Law Lab, ICE officers are delivering testimony that not only exposes some aspects of its always-on surveillance efforts, but the lies told by the DHS about the supposed nonexistence of arrest quotas.

Details about Immigration and Customs Enforcement (ICE) officers’ surveillance tools and arrest goals in the state have come to light in a federal lawsuit that compelled officers to answer questions under oath, offering a rare window into opaque, internal strategies that are generally kept secret and have been driving mass detentions and chaotic raids.

[…]

Testimony in a December hearing in the case provided a remarkable acknowledgment by an ICE officer of how daily target arrest numbers played out at the local level, and appeared to contradict the Department of Homeland Security (DHS) officials’ repeated claims that officers didn’t have quotas. Trump adviser Stephen Miller has publicly said the administration’s target was 3,000 daily arrests. The hearing also appeared to be the first time that ICE disclosed in court its use of an app called Elite for operations.

The testimony was delivered last year, but the transcript [PDF] was only recently published by the court. What hasn’t been revealed is the testifying officer’s name. He’s only known as “JB,” but he did say several concerning things during his testimony, including stating that his team was given a “verbal order to target eight arrests per day.” The government’s lawyer objected to the term “quota” (when it was used by the plaintiff’s lawyer), but the judge overrode the objection.

In addition, JB stated that his team relied on an app called Elite to find supposed illegal immigrants.

JB explained that Elite was a “newer app” given to ICE agents. The app, he said, is “kind of like Google Maps” and shows how many individuals with an “immigration nexus” are believed to be in a certain area. Another officer testified that a “nexus” could mean any history of contact with immigration officials, which could include a naturalized US citizen.

[…]

JB acknowledged information generated by Elite could be inaccurate: “The app could say 100%, and it’s wrong. The person doesn’t live there. And so it’s not accurate. It’s a tool that we use that gives you probability, but there’s … no such thing as 100%.” 

There’s a lot that’s unknown about this app. Even those relying on it don’t even know what sources it uses to make these determinations, although officers appear to realize it’s far from perfect. Not that it stops them from using it as an excuse to raid neighborhoods or engage in unlawful stops.

This case centers around an unlawful stop and detention, one aided and abetted not by fallible tech, but by the officers shrugging off indeterminate search results and lying about what happened in the arrest paperwork.

The agent ran MJMA’s face through Mobile Fortify, DHS’s facial recognition app. The app showed a match, but the officer testified: “I wasn’t sure if it was her or not.”

MJMA had entered the US with a valid temporary visa last year. Still, JB’s team wrote in their arrest records – inaccurately – that the farm worker entered the US unlawfully. The report also inaccurately described the stop of the van as “consensual”, the judge noted.

All of this has led to an injunction against federal immigration agencies, with the court saying this in the order [PDF] it handed down two weeks ago:

There is no telling how many people would have sought counsel, or would have benefited from it. It is clear that there are countless more people who have been rounded up, and who either remain in detention or have “voluntarily” deported than those, like M-J-M-A-, who were fortunate enough to find counsel at the eleventh hour. Defendants benefit from this blitz approach to immigration enforcement that takes advantage of navigating outside of the boundaries of conducting lawful arrests. For the one detainee who has the audacity to challenge the legality of her detention and gains release, several more remain detained or succumb to the threat of lengthy detention, and then instead “voluntarily” deport. Defendants win the numbers game at the cost of debasing the rule of law.

All of that adds up, now that we can read the transcript. “Debasing the law?” It’s all there, from the quotas to reliance on sketchy mass surveillance apps to the falsification of the narrative by officers hoping to lie their way into constitutionality. This is the administration, personified by a pseudonymous federal agents who are expected to make Trump’s warped dreams a reality. In the middle of all of this are thousands of people and a half-dozen civil liberties, all of which can only hope to survive the next couple of years.

Filed Under: arrest quotas, cbp, doj, ice, mass deportation, oregon, stephen miller
Companies: innovation law lab