Activist Judge in Manhattan facilitates courtroom escape for illegal with criminal record.

[BackAgain]

Yes, if it was and ICE warrant the Federal Judge has no jurisdiction however, that is not stopping them. This is an outright rebellion.

I’d like a link to any claim that it was a judicial warrant.

If not was, that judge may find herself on the receiving end of a federal indictment.

But if it turns out to have been a mere ICE detainer “warrant” but not a judicial warrant, she will be held harmless.

 

[Leo123]

I’d like a link to any claim that it was a judicial warrant.

If not was, that judge may find herself on the receiving end of a federal indictment.

But if it turns out to have been a mere ICE detainer “warrant” but not a judicial warrant, she will be held harmless.

An administrative ICE warrant can be neutralized by a Federal judge if he/she rules the detention was unconstitutional, used unlawful evidence or enjoining ICE. I have not heard any reasoning as to why this judge could lawfully ignore this admin. ICE warrant.

 

[Dont Taz Me Bro]

This is precisely why ICE raids are taking place in these cities. The local jurisdictions are aiding and abetting criminal activity.

 

[BackAgain]

An administrative ICE warrant can be neutralized by a Federal judge if he/she rules the detention was unconstitutional, used unlawful evidence or enjoining ICE.

That has nothing to do with the point under discussion.

The question is simply what kind of alleged “warrant” did the NYC judge choose to ignore?

If it was a judge-signed arrest warrant, the judge is in trouble.

If it was simply a detainer type “warrant” signed by no judge, but only by a superior rank ICE agent, then the judge is probably gonna be fine.

 

[Leo123]

That has nothing to do with the point under discussion.

The question is simply what kind of alleged “warrant” did the NYC judge choose to ignore?

If it was a judge-signed arrest warrant, the judge is in trouble.

If it was simply a detainer type “warrant” signed by no judge, but only by a superior rank ICE agent, then the judge is probably gonna be fine.

Wouldn't it be an ICE administration warrant? I think in either case the judge is liable for ignoring such a warrant.

 

[Freedomisneverfree]

Criminal illegals rapists walk among us. NY'ers must feel so safe!

 

[martybegan]

That has nothing to do with the point under discussion.

The question is simply what kind of alleged “warrant” did the NYC judge choose to ignore?

If it was a judge-signed arrest warrant, the judge is in trouble.

If it was simply a detainer type “warrant” signed by no judge, but only by a superior rank ICE agent, then the judge is probably gonna be fine.

The thing is we have seen that once a judge makes a concious decison to aid the person subject to the warrant to evade ICE, they can be liable.

Regardless of the type of warrant/detainer in question.

 

[BackAgain]

Wouldn't it be an ICE administration warrant? I think in either case the judge is liable for ignoring such a warrant.

No.

An actual warrant, signed by a real judge, is one thing.

Some administrative “warrant” signed by one of the ICE agents is not a judicial warrant.

That’s the point.

Who says that a state or local judge has to accept a “warrant” signed by an ICE agent?
That’s roughly like a cop saying that he obtained an arrest “warrant” from his own desk sergeant. And that translates into what? “We, the police, have authority to issue arrest warrants.” Except, as we all know, that’s simply not true.

 

[martybegan]

No.

An actual warrant, signed by a real judge, is one thing.

Some administrative “warrant” signed by one of the ICE agents is not a judicial warrant.

That’s the point.

Who says that a state or local judge has to accept a “warrant” signed by an ICE agent?
That’s roughly like a cop saying that he obtained an arrest “warrant” from his own desk sergeant. And that translates into what? “We, the police, have authority to issue arrest warrants.” Except, as we all know, that’s simply not true.

I think the non Article III warrants are signed by Admin judges, which are under the authority of Article II.

Not the officers in question.

 

[BackAgain]

The thing is we have seen that once a judge makes a concious decison to aid the person subject to the warrant to evade ICE, they can be liable.

Regardless of the type of warrant/detainer in question.

No. I don’t believe that’s what we’ve seen.

If a local judge helps an illegal alien evade ICE because the Court doesn’t accept administrative warrants as binding on the judicial branch, then the judge is likely within the law. You’d be right, however, if the lodged warrant had been signed by a federal magistrate judge.

 

[jackflash]

This should be greeted by NYC residents as a win for their protected hero sex offender.

Welcome to the neighborhood.

NYC Judge Ignores Federal Warrant, Lets Illegal Alien Sex Offender Walk Free

A NYC judge lets an illegal alien sex offender evade ICE, raising serious law enforcement concerns.

redstate.com

This should be greeted by NYC residents as a win for their protected hero sex offender.

Welcome to the neighborhood.

NYC Judge Ignores Federal Warrant, Lets Illegal Alien Sex Offender Walk Free

A NYC judge lets an illegal alien sex offender evade ICE, raising serious law enforcement concerns.

redstate.com

Below is the image of the perp's face;

https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcQ0NPuQzfLOKERs75rgZOKHnI7lr634v4CPkw&s

 

[Leo123]

No.

An actual warrant, signed by a real judge, is one thing.

Some administrative “warrant” signed by one of the ICE agents is not a judicial warrant.

That’s the point.

Who says that a state or local judge has to accept a “warrant” signed by an ICE agent?
That’s roughly like a cop saying that he obtained an arrest “warrant” from his own desk sergeant. And that translates into what? “We, the police, have authority to issue arrest warrants.” Except, as we all know, that’s simply not true.

You are correct, ICE warrants are issued by ICE/DHS officers, not a judge. They have less authority than an Article III warrant.

Federal courts can't just dismiss the ICE warrant, they have to invalidate the warrant, enjoin enforcement, suppress evidence used in obtaining it, order release or declare it unconstitutional.

 

[BackAgain]

I think the non Article III warrants are signed by Admin judges, which are under the authority of Article II.

Not the officers in question.

No. I’ve seen some signed by the agent’s superior officer.

Plus, no ICE official has the authority to issue judicial warrants.

What I’m saying is just this: the filing of a non judicial warrant doesn’t bind any state or local Article III judge.

Under 8 C.F.R. § 287.7, the filing of an ICE detainer is a mere request from ICE to temporarily hold an alien.

 

[BackAgain]

You are correct, ICE warrants are issued by ICE/DHS officers, not a judge. They have less authority than an Article III warrant.

Federal courts can't just dismiss the ICE warrant, they have to invalidate the warrant, enjoin enforcement, suppress evidence used in obtaining it, order release or declare it unconstitutional.

The question is not about what a federal court can or can’t do.

Here, the judge was a NYS judge. She didn’t dismiss the detainer. She simply ignored that request.

 

[Bitterhook]

I have a suspicion that this one will go nowhere.

I believe the problem is that (in many instances) an ICE warrant is not “signed” by any judge. If I recall correctly, the Agent’s superior is the one who “signs” the warrant.
It is not a “judicial” warrant.

In this new case, I’d venture a guess (because I don’t know the answer) that NYC doesn’t recognize non judicial warrants.

Thanks for bringing up the question, and according to a web search New York City does recognize "non-judicial warrants" (although it would seem some folks choose not to).

Edit:
However, New York State (upon further web review) does not recognize "non-judicial warrants" if they come from ICE.

 

[BackAgain]

Thanks for bringing up the question, and according to a web search New York City does recognize "non-judicial warrants" (although it would seem some folks choose not to).

NYC is a so-called sanctuary city. Thus, it generally refuses to accept any ICE warrant not signed by a judge.

If a local department of health warrant is issued (non-judicial) to inspect a luncheonette, that suffices for an administrative search by the local department of health. It isn’t even presented to a judge for approval to execute that administrative search.

 

[Bitterhook]

NYC is a so-called sanctuary city. Thus, it generally refuses to accept any ICE warrant not signed by a judge.

If a local department of health warrant is issued (non-judicial) to inspect a luncheonette, that suffices for an administrative search by the local department of health. It isn’t even presented to a judge for approval to execute that administrative search.

I also edited my previous comment to correct that under further web review it was indicated that New York State does not recognize "non-judicial warrants" if they come from ICE.

Thanks again, for encouraging me to look.

 

[martybegan]

No. I don’t believe that’s what we’ve seen.

If a local judge helps an illegal alien evade ICE because the Court doesn’t accept administrative warrants as binding on the judicial branch, then the judge is likely within the law. You’d be right, however, if the lodged warrant had been signed by a federal magistrate judge.

I'm talking about the judge who actively interfered with the agents and let the guy slip out another door.

 

[SaxonJackson]

Exclusive | ICE agents chase down migrant sex predator after judge allows him to stroll out of NYC courthouse

A crack-smoking, sexual predator migrant wanted by ICE was allowed to flee through a back door of a Manhattan courthouse — infuriating federal agents who said the incident was one of at least…

nypost.com

Activist judge in Manhattan not only went easy on a criminal, who is also wanted on Federal immigration law violations, she let him out the back door of an NYC Courtroom vs being let into custody of waiting ICE Agents.

That’s obstruction of Federal Law Enforcement…… by a judge. (She’s Democrat).

The Left is really laying tracks for obstructing and interfering with Federal Law Enforcement. Wait until they are back in power and want to use Federal resources to enforce policies they support.

 

[Bitterhook]

I'm talking about the judge who actively interfered with the agents and let the guy slip out another door.

They are probably going to need to put ICE agents at the front door and the back door, thus doubling the number of ICE Agents required to do a simple task that could otherwise be handled more efficiently.