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Posted on 10/12/2026 11:04:47 AM PDT by John Semmens
Judge P. Kevin Castel for the Southern District of New York ruled that "any ICE arrest of a person who enters the country without legal authorization that doesn't occur at the scene of the commission of the crime is arbitrary and capricious." Judge Castel rejected the government's "argument that an arrest policy, or absence of an arrest policy, is beyond judicial review because the place of an arrest is left entirely to the discretion of the agency."
Department of Homeland Security (DHS) Secretary Markwayne Mullin called the ruling "absolutely bonkers. In essence, the Judge is saying that unless a criminal is apprehended during the commission of the crime any subsequent arrest at any other place is arbitrary and capricious. So, as long as the offender has eluded capture at that time he can no longer be taken into custody. In the vast majority of crimes the perpetrator isn't immediately apprehended. Typically it takes time to investigate and track down criminals. Law-enforcement must be allowed time to complete these tasks if we are to provide law and order in our society."
Judge Castel pointed out that "during the Biden Administration the policy was to not pursue low priority illegal entry into the United States. It seems to me that the prior administration's policy was rational, reasoned, and well-founded. During the Biden term there were nearly three million visa overstays detected. Only five were investigated and only two arrests were made. Clearly, illegal presence in this country was not viewed as significant enough to warrant the kind of enforcement the Trump Administration is now trying to inflict on these mostly peaceful new residents. I am not persuaded that a change to the Biden policy is warranted."
Mullin countered the Judge's conclusions, saying "as if the wide-open borders weren't enough, a new DHS Office of Inspector General report reveals that the Biden-era ICE failed to act on more than 3 million leads about possible alien overstays, with more than 100,000 of these being labeled as potential national security threats. Unlike the Biden Administration, the Trump Administration will always put the safety of the American people first. We will target and remove as many illegal aliens as possible to make America safe again."
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Denaturalize or redact citizenship for treason and deport to Trump’s selection of s-hole countries. What country would I pick? Afghanistan.
Can I use that at my next traffic stop?
I’m not going to, but if I DID rob a bank in New York and my case came up before Judge P. Kevin Castel of the Southern District of New York, I would be OK as long as I’m not in the bank when I get arrested.
Exactly!
“But officer, I wasn’t speeding right here.”
You could, but only if the charge isn’t a traffic violation.
That would be correct.
“...is beyond judicial review because the place of an arrest is left entirely to the discretion of the agency...”
So I guess if you don’t arrest a murderer at the scene of the crime, he can’t be prosecuted? And if a rapist gets out the front door he is free to roam. History has very seldom produced this type of result even in the old west when they very seldom caught bank robbers or train robbers at the location of the crime. And I guess criminals should be obliging and remain at the scene to get caught. Idiot.
wy69
Someone does not understand the meaning of those words.
It is exactly NOT “arbitrary” or “capricious”
Judge Castel is a f-ing idiot.
Biden policy was set by Biden
NOT set in stone
Trump can replace any former president’s ‘policy’ with his own
OOPSIE!
Semi-new is too close to reality
That fact alone should require active and constant enforcement of the laws.
I don’t think everybody gets it.
Does this mean that arrests for burglaries where the perp is arrested off-scene after the fact arbitrary and capricious?
Ridiculous. The crime was still committed. That they left the scene doesn’t mean it didn’t happen.
“I am not persuaded that a change to the Biden policy is warranted.”
Another fake judge but a Real Idiot
I’ll bet he’s on the payroll of the drug cartels.
ping
Same for robbers who just want to support their several ex-wives and twenty kids.
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