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Child's civil rights were violated during immigration raid, lawsuit says
San Francisco Chronicle ^ | 4/26/7 | Tyche Hendricks

Posted on 04/26/2007 1:06:40 PM PDT by SmithL

SAN FRANCISCO -- The American Civil Liberties Union and the Lawyers Committee for Civil Rights filed suit in San Francisco today on behalf of Kebin Reyes, a 6-year-old U.S. citizen, saying U.S. Immigration and Customs Enforcement agents violated the child's civil rights when they took him into custody on March 6.

Kebin was detained along with his Guatemalan-born father, Noe Reyes, 37, during immigration raids in San Rafael that were part of the national campaign "Operation Return to Sender," which has picked up more than 18,000 people nationwide on immigration violations.

Their attorneys charge the federal government violated Kebin's rights under the 4th and 5th Amendments to the U.S. Constitution -- his rights to be secure in his house against unreasonable searches and seizures and his right to liberty.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Extended News; Government; US: California
KEYWORDS: aliens; attacklawyers; ice; illegalimmigration; immigrantlist
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1 posted on 04/26/2007 1:06:42 PM PDT by SmithL
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To: SmithL

2 posted on 04/26/2007 1:10:17 PM PDT by icwhatudo (The rino borg...is resistance futile?)
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To: icwhatudo

Hardly the same situation.


3 posted on 04/26/2007 1:12:02 PM PDT by 3AngelaD (Enoch Powell was right.)
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To: SmithL
Their attorneys charge the federal government violated Kebin’s rights under the 4th and 5th Amendments to the U.S. Constitution — his rights to be secure in his house against unreasonable searches and seizures and his right to liberty.


I’m not sure the ACLU wants to take this argument to it’s logical conclusion. What if the same children weren’t seized in an immigration raid but during a drug raid where they were taken away from stoned parents and put into a foster home? Do children have a right to liberty if exercising such liberty means that they are left alone in a house, unable to take care of themselves, when their parents are arrested?

4 posted on 04/26/2007 1:18:53 PM PDT by keepitreal
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To: SmithL

Time for anti-anchor baby legislation.


5 posted on 04/26/2007 1:20:43 PM PDT by ElectricStrawberry (27th Infantry Regiment....cut in half during the Clinton years......WOLFHOUNDS!!!!)
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To: SmithL
Yes, Kebin Reyes' rights to be secure in his person and property against illegal search and seizure was violated. Now, if young Mr. Reyes would just produce documentation of his ownership of the property or contractual residence in the property, we can clear this up right away.

Immigration officials emphasized that Kebin was allowed to stay in a room with his father the whole day, separate from other detainees.

Sounds to me like the boy was not "detained" but was allowed to remain in his father's custody while the father was taken into ICE's custody.

6 posted on 04/26/2007 1:24:54 PM PDT by Quick or Dead (Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms - Aristotle)
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To: SmithL

The ACLU is heartless! How can they advocate the breakup of a family?!


7 posted on 04/26/2007 1:25:23 PM PDT by TheDon (The DemocRAT party is the party of TREASON! Overthrow the terrorist's congress!)
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To: icwhatudo

HARDLY the same situation.

The 1996 immigration reform act eliminated the anchor baby method of staying.

Essentially the ACLU KNOWS there are no 4 and 5 protections for the illegal aliens but the birthright citizens MIGHT have an argument.

This is pure damage control for the illegal aliens.

I suggest our next area of border protection is to regulate the games of immigration lawyers.

I was shocked yesterday to speak to a CERTIFIED FLORIDA BAR immigration specialist who bragged about his ability to set up sham corporations for investor visas to allow the gaming of the current system. He made about 15k on that case.


8 posted on 04/26/2007 1:26:32 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SmithL
The kid isn't a citizen. His mommy can say he is, his Daddy can say he is, but no court decision or law or amendment to the Constitution says he is.

And anyone who wants to debate it for the nine millionth time on these threads will be treated to the overwhelming evidence that this is the fact.

The ACLU is really taking a chance. If they end up at the heart of the matter - does the 14th actually make this kid a citizen - with the current court, they may go down Big Time.

Not real bright.

9 posted on 04/26/2007 1:31:15 PM PDT by Regulator
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To: SmithL

Immigration officials emphasized that Kebin was allowed to stay in a room with his father the whole day, separate from other detainees.

“The father was arrested and there was no one to take care of the boy at home, so they had the boy come with his father,” said ICE spokeswoman Lori Haley. “He went with his dad so he wouldn’t be left home alone. We work with the families to find someone to take care of the child.”


Bitch. Bitch. Bitch.

If Immigration arrests the parents of children and ship them off, they are accused of being heartless for breaking up the family, and placing the children in danger by removing their support system.

If Immigration allows the parent to maintain custody of the child when the parents are arrested, they are accused of violating the rights of the child.

It appears the only option left is to not arrest any parent.


10 posted on 04/26/2007 1:36:23 PM PDT by Mack the knife
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To: icwhatudo
SAN FRANCISCO -- The American Civil Liberties Union and the Lawyers Committee for Civil Rights filed suit in San Francisco today on behalf of Kebin Reyes, a 6-year-old U.S. citizen, saying U.S. Immigration and Customs Enforcement agents violated the child's civil rights when they took him into custody on March 6.

Considering his parents are illegals he can live with them until he turns 18. Meanwhile, enjoy wherever the hell his parents came from.

11 posted on 04/26/2007 1:42:48 PM PDT by Centurion2000 (Killing all of your enemies without mercy is the only sure way of sleeping soundly at night.)
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To: SmithL

What do you want to bet the lawyers for the ACLU are of Hispanic decent? They do not give a darn about the kid or his rights they want to fill their pockets with the governments money.

I say they will loose because the officers had to take the child with they sure as heck could not leave him alone at age 6. Also where was his mother; Did she escape and leave the kid behind?


12 posted on 04/26/2007 1:43:46 PM PDT by Shots (Loose lips sink ships)
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To: All

NOTE: PURSUANT TO THE 1996 IMMIGRATION REFORM ACT—

When the parents are deported, the child is returned WITH the parents regardless of the child’s citizenship.

What the ACLU is trying to do is get the parents out of custody so they can flee to some other part of the USA.


13 posted on 04/26/2007 1:43:55 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SmithL
I think we can safely assume that the child in question, “a US citizen”, is an anchor baby born and raised by the illegal parent for the express purpose granting ersatz citizenship to another illegal. I guess that separates him from the Elian Gonzales type of 6 year-old who was caught up in another raid.
14 posted on 04/26/2007 1:45:16 PM PDT by T. Rustin Noone (Angels want to wear my red shoes...)
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To: SmithL

If they’re illegal, deport them. Revoke the child’s citizenship and send home to Guatamala.


15 posted on 04/26/2007 1:52:30 PM PDT by lilylangtree (Veni, Vidi, Vici)
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To: keepitreal
I’m not sure the ACLU wants to take this argument to it’s logical conclusion. What if the same children weren’t seized in an immigration raid but during a drug raid where they were taken away from stoned parents and put into a foster home? Do children have a right to liberty if exercising such liberty means that they are left alone in a house, unable to take care of themselves, when their parents are arrested?

Some important points here. First of all, detention by immigration is not considered an arrest and deportation is not considered punishment. SCOTUS has ruled on this many times. Just on that fact alone, the child never had his constitutional rights violated. Secondly, ICE could have turned the child over to whatever SF calls their social services department. And you are right about extending such legal arguements to other cases. So if children are present, criminals cannot be arrested? It just seems to me that the ACLU is trying to get immigration cases out of immigration court and into legal venues where they have more influence. The problem is that the federal courts don't like to get involved with the immigration courts because they really are two different legal systems unless it is to reconcile different rulings from different jurisdictions.

16 posted on 04/26/2007 1:58:13 PM PDT by doc30 (Democrats are to morals what an Etch-A-Sketch is to Art.)
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To: lilylangtree
If they’re illegal, deport them. Revoke the child’s citizenship and send home to Guatamala.

Have to change or re-interpret the constitution for the kid. But the parents do need the boot.

17 posted on 04/26/2007 1:59:51 PM PDT by doc30 (Democrats are to morals what an Etch-A-Sketch is to Art.)
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To: lilylangtree
The child can apply for admittance at age 18.
18 posted on 04/26/2007 2:02:19 PM PDT by wolfcreek (DON'T MESS WITH A NATION IN NEED OF MEDICATION !)
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To: SmithL
Here is Debra Saunders latest article in todays SF Chronicle. She is their token conservative columnist. This covers the subject of these raids very nicely.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/04/26/EDGTLOS90H1.DTL
19 posted on 04/26/2007 2:14:01 PM PDT by Uncle Hal
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To: T. Rustin Noone

Under the 1996 Immmigration Reform Act, there is no anchor baby.

Anchor Baby is a term of art used to describe what illegal aliens would do to obtain relief to stay in the USA. They would produce a child to stay in the USA.

Under the 1996 Immigration Reform Act, the anchor baby was eliminated and thereafter the US Citizen child would accompany the parents when they left the USA via deportation.

Since the illegal aliens do not have the same 4 and 5th amendment rights the ACLU is trying to establish “derivative rights” via the citizenship of the child.

The ACLU is also REALLY AFTER ATTORNEY FEES since the claims they have brought provide for statutory entitlement to attorneys fees.

TORT REFORM MENS DEFUNDING THE ACLU’s claim to attorney fees.

Perhaps we should also place an affirmative duty on immigration lawyers to report clients who are illegal aliens who go to their offices.


20 posted on 04/26/2007 2:31:29 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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