Current Events > Upstate NY farmer says ICE stormed his farm without a warrant.

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antfair
04/19/18 10:51:00 AM
#1:


http://www.syracuse.com/news/index.ssf/2018/04/upstate_ny_farmer_says_ice_officers_stormed_his_farm_without_a_warrant_cuffed_hi.html
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."

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Cal12
04/19/18 10:53:35 AM
#2:


I wonder if they followed him. You are allowed to chase onto private property.
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ElenaFisher
04/19/18 10:54:16 AM
#3:


Maybe that they had information that he had illegally immigrated cows on the farm.

They'll run if you give 'em any forwarning. Poof!

Seems wrong that they took the man though.
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Doom_Art
04/19/18 10:54:26 AM
#4:


ICE is becoming more and more Gestapo-like.

A well-funded agency of the government behaving in such a manner is extremely troubling. Something ought to be done

*goes back to playing Zelda*
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Questionmarktarius
04/19/18 10:55:43 AM
#5:


ICE isn't going to send three vehicles to a small private farm for one guy.
There has to be some sort of shenanigans going on, probably an "icing" variant on swatting.

Collins said Aguilar had proper documentation to work for him. And he's been paying taxes since working for Collins.

Proper proper, or convincing enough for plausible deniability?
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KILBOTz
04/19/18 10:56:34 AM
#6:


antfair posted...
Just like police officers, ICE officers are required to provide a warrant before they go onto private property.


I thought I had read recently that ICE officers don't need a warrant to enter land (not buildings) within 100 miles of a border.
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CableZL
04/19/18 10:58:27 AM
#7:


ElenaFisher posted...
Maybe that they had information that he had illegally immigrated cows on the farm.

They'll run if you give 'em any forwarning. Poof!

Seems wrong that they took the man though.


The cows were mooing in Spanish and wouldn't show us their papers!
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LightHawKnight
04/19/18 11:17:28 AM
#8:


KILBOTz posted...
antfair posted...
Just like police officers, ICE officers are required to provide a warrant before they go onto private property.


I thought I had read recently that ICE officers don't need a warrant to enter land (not buildings) within 100 miles of a border.


So in NY, would that mean within 100 miles of the coastline?
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Doom_Art
04/19/18 11:18:29 AM
#9:


LightHawKnight posted...
So in NY, would that mean within 100 miles of the coastline?

upstate ny would probably be the canadian border
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Foppe
04/19/18 11:24:24 AM
#10:


They were Guatemalan agents pretending to be ICE.
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Anarchy_Juiblex
04/19/18 11:31:23 AM
#11:


I have no problem with ICE in general but this was clearly a violation.
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Cal12
04/19/18 11:31:51 AM
#12:


KILBOTz posted...
antfair posted...
Just like police officers, ICE officers are required to provide a warrant before they go onto private property.


I thought I had read recently that ICE officers don't need a warrant to enter land (not buildings) within 100 miles of a border.


They can also pursue onto private property.
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Hexenherz
04/19/18 11:42:32 AM
#13:


But that would be if they were actively in pursuit, right, not just quietly stalking this guy and driving onto his property, right?
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KILBOTz
04/19/18 12:29:25 PM
#14:


Hexenherz posted...
But that would be if they were actively in pursuit, right, not just quietly stalking this guy and driving onto his property, right?


i think if they have a suspect and he runs inside they can follow him inside and they can enter private property within 100 miles of the boarder with no warrant but they can't enter a private building on private property without cause or warrant. but i don't know, this was just some random article about how border patrol agents in Arizona or California or something were putting surveillance cameras on private property without permission.
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