Section 287.5 - Exercise of power by immigration officers

3 Citing briefs

  1. Aguilar et al v. Immigration and Customs Enforcement Division of the United States of America Department of Homeland Security

    MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss First Claim of Amended Complaint.. Document

    Filed December 7, 2007

    A warrant of removal may be executed by certain employees, including special agents and deportation officers, provided that they have successfully completed basic immigration law enforcement training. See 8 C.F.R. § 287.5(c)(1). C. The Enforcement Operations Alleged in the Complaint Plaintiffs complain that ICE agents violated their Fourth Amendment rights during nine home ―raids‖ in February, March, April, and September 2007.

  2. Diaz-Bernal et al v. Myers et al

    Memorandum in Opposition / Memorandum of Law in Opposition to United States' Renewed Partial Motion to Dismiss, dated August 13, 2010 re MOTION to Dismiss for Lack of Jurisdiction Renewed

    Filed August 13, 2010

    Case 3:09-cv-01734-SRU Document 75 Filed 08/13/10 Page 19 of 48 237. See 8 C.F.R. §§ 287.5, 287.8; Tenreiro Deci.

  3. Valle del Sol, et al, v. Whiting, et al.

    MOTION for Preliminary Injunction and Memorandum in Support

    Filed June 21, 2010

    Federal law specifically defines the types of enforcement activity that federal immigration agents may engage in and the particular classes of agents that are empowered to undertake each type of enforcement activity. See 8 U.S.C. § 1357(a)(1) (interrogation authority); (a)(2) (arrest authority); see also 8 C.F.R. § 287.5(a)(1) (designating officers with interrogation authority); (b) (designating officers with authority to patrol border); (c) (designating officers with arrest authority and noting training requirements). Federal law also requires that, when federal immigration agents make a warrantless arrest for an immigration violation, the individual arrested be provided with certain procedural protections.