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ICE’s Civil Forfeiture Guidelines Leaked, And They’re Not Good
Daily Caller ^

Posted on 10/14/2017 8:18:31 AM PDT by JP1201

Immigration and Customs Enforcement (ICE) agents are instructed to select property for forfeiture primarily based on its value, with the legal status of the property only a secondary concern, according to ICE forfeiture guidelines leaked to The Intercept.

The 71-page “Asset Forfeiture Handbook” governs forfeiture practices for Homeland Security Investigations (HSI), a branch of ICE, The Intercept reported Friday. Civil forfeiture is the government practice of taking property from a private citizen. In civil forfeiture cases, the state prosecutes a person’s property, rather than the owner themselves, and assumes the property’s guilt because property has no due process rights. While the handbook was originally published in 2010, ICE confirmed to The Intercept that it was the most up-to-date version of department forfeiture guidelines.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: assetforfeiture; civilforfeiture; ice
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1 posted on 10/14/2017 8:18:31 AM PDT by JP1201
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To: JP1201

https://theintercept.com/2017/10/13/ice-hsi-asset-forfeiture-handbook/


2 posted on 10/14/2017 8:19:04 AM PDT by JP1201
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To: Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; 2ndDivisionVet; ...

Is this about the property of illegal aliens or American citizens ???


3 posted on 10/14/2017 8:27:22 AM PDT by Tennessee Nana
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To: JP1201

People that run rackets, like Asplundh tree service for example, and hide behind the corporation should be subject to forfeiture for knowingly hiring illegals.


4 posted on 10/14/2017 8:28:01 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: Tennessee Nana

>Is this about the property of illegal aliens or American citizens ???

To govt, is there a difference?


5 posted on 10/14/2017 8:28:40 AM PDT by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: JP1201

Obama’s rules or new rules?

Either way I’m all for forfeiture of proven illegals and convicted human trafficers.


6 posted on 10/14/2017 8:32:39 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: central_va

Why do you say Asplundh tree service is a racket? Curious. FRmail if answer is compromising or very long.


7 posted on 10/14/2017 8:34:21 AM PDT by PIF (They came for me and mine ... now it is your turn ...)
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To: PIF
Montco-Based Asplundh Tree Expert to Pay $95 Million Fine, Largest Ever in an Immigration Case
8 posted on 10/14/2017 8:36:09 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: PIF

http://www.phillymag.com/news/2017/10/02/asplundh-illegal-immigration-willow-grove-donald-trump/


9 posted on 10/14/2017 8:38:04 AM PDT by KC Burke (If all the world is a stage, I would like to request my lighting be adjusted.)
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To: central_va

Oh that. It was taken care of and those concerned are gone - was a racket run unknown to Corporate - scam was not a policy.


10 posted on 10/14/2017 8:39:33 AM PDT by PIF (They came for me and mine ... now it is your turn ...)
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To: JP1201
Asset forfeiture is government theft. Plain and simple.

It needs to be stopped. The end doesn't justify the means. Who is affected is irrelevant.

11 posted on 10/14/2017 8:45:02 AM PDT by who_would_fardels_bear
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To: fella
Either way I’m all for forfeiture of proven illegals and convicted human trafficers.

Are you for the Constitution, or for CAV (Civil Asset Forfeiture)?
You cannot be both, for in the Constitution the 4th guarantees security of a person's possessions, as does the 5th (along with guaranteeing due process), and the 6th guarantees that in all criminal cases the accused has the right to defense — but with CAV the property is assumed to be guilty, and being property and not 'persons' essentially denied a just defense, but also taken from the possessor before any defense can be mounted.

IOW, you cannot be both a Constitutionalist and support CAV.
(This is why Sessions is not and cannot be a Constitutionalist.)

12 posted on 10/14/2017 8:47:54 AM PDT by Edward.Fish
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To: JP1201

This is how it should be:

when a legal citizen provides accurate and actionable information regarding a property owning illegal immigrant then the reporter citizen should receive 10% of the value of the liquidated assets.

we need incentivize this.

We need to get the American people themselves involved this is a populist issue.

For decades they have already had a similar system for people who turn in tax evaders.

this is simply fairness.


13 posted on 10/14/2017 8:49:02 AM PDT by gaijin
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To: JP1201

>
“...In civil forfeiture cases, the state prosecutes a person’s property, rather than the owner themselves, and assumes the property’s guilt because property has no due process rights...”
>

Surprised some snazzy\low-life lawyer (I repeat myself) hasn’t tried this same reasoning when it comes to DUI, shootings, etc.

“It was the CAR\GUN, no my client, your honor\members of the jury...”

Course, govt isn’t interested in ‘logical conclusions’ or ‘unintended consequences’.


14 posted on 10/14/2017 8:50:30 AM PDT by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: Tennessee Nana

This has been exposed about other agencies. It seems that handbook is a standard resource throughout law enforcement from federal to local. It was an obvious development the day the USSC said Civil Asset Forfeiture in its extreme form was legal and, most effectively, that the thieving agency could keep part or all of the proceeds for itself. Nothing like making rank corruption legal.


15 posted on 10/14/2017 8:56:25 AM PDT by arthurus
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To: who_would_fardels_bear

bttt!


16 posted on 10/14/2017 8:56:34 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: JP1201
seems if you are in the US ILLEGALLY, any and all money/profits are ILLEGAL and subject to confiscation just like assets bought from drug money are
17 posted on 10/14/2017 9:06:10 AM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: fella
Either way I’m all for forfeiture of proven illegals and convicted human trafficers.

That's the problem, the federal government simply does not have the resources to prosecute all the alien smugglers. There are thousands arrested each week at ports of entry, BP check points and ICE interior enforcement operations.

The federal court system simply can't handle the load so generally the only ones who get prosecuted are cases that involve aliens getting injured in the smuggling operation. Like when they open an 18 wheeler and find a bunch of dead aliens.

Since prosecution is not possible DHS simply voluntarily returns the illegal aliens, deports the smuggler if they are illegal aliens or immigrants and seizes the vehicle (generally a POS) for later auction if it is road worthy.

Then the smuggling organization buys back the vehicle at auction and the entire process starts over again.

18 posted on 10/14/2017 10:49:06 AM PDT by usurper
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To: usurper

They don’t have to get them all just get the biggest ones first and hammer them hard. Also take down any government people that are on the take, get them especially hard.

The ‘Word’ will get out.

Use the procedes to go after the rest.


19 posted on 10/14/2017 12:19:01 PM PDT by fella ("As it was before Noah so shall it be again,")
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To: Tennessee Nana

If it’s ICE it’s probably illegal aliens.


20 posted on 10/14/2017 12:34:59 PM PDT by dynoman (Objectivity is the essence of intelligence. - Marilyn vos Savant)
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