What the will arrest you for vs can arrest you for are very different things. Really. This isn’t cynicism, is empirical knowledge. If they want to arrest you, you’re getting arrested. They can arrest you because they can arrest you. This is the strict literal sense of can.
That doesn't mean they can't deny you entry. It means you might win a court case some day.
ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.
"Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do not get your rights.
It doesn't matter what the paper says, it matters what CBP feels like doing, and what their management lets them get away with. The constitution is just a magic circle we all agree to play in, and isn't real if enough people disregard it.
If the border agent doesn't want you to come into the country, you are fucked. Nobody's job is to get between that agent and you and ensure the border agent follows the law on the paper, and the border agent will not go to jail or even lose their job for completely ignoring the law.
> If the border agent doesn't want you to come into the country, you are fucked.
You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless.
This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the border. ICE these days has mastered the art of making people's detainment so uncomfortable that even those with a right to be in this country end up deciding to leave.
Why would ICE leave the number as low as "70%" if they could be higher? Every illegal alien is a criminal as far as the law is concerned. Every illegal alien arrested is "charged with a crime". Otherwise ICE is openly stating to its supporters that they arrest illegal aliens and then release them, something their supporters are vocally against, and the administration believes and claims to be a serious problem.
A direct reading of ICE's claims (that seem to be contrary to information obtained through FOIA?) is that 70% of the people they arrest are criminals, which by their own definitions, would imply 30% of the people they arrest are not illegally here, but that's reading between the lines and it's hard to lend any credence to anything said by an administration that treats public statements as a fun gaslighting game.
But essentially, if ICE COULD claim everyone they arrest is an illegal alien (and literally a criminal they are legally allowed to arrest and deport), why wouldn't they?
I'm glad I asked the question, and I thank you for responding, but come on, don't you think it's not just a stretch but just flat out false to go from Homeland Security's quote of "Despite FALSE claims by sanctuary politicians and the media, 70% of ICE arrests are of illegal aliens who have been charged or convicted of a crime in the U.S." to "ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission." Like it's hard for me to even imply good faith if that's the stretch you made.
As the other commenter wrote, ICE is saying that 70% of arrests have a criminal conviction, implying something other than just being in the country illegally. First, many illegal aliens (e.g. those who overstay their visas) have not committed any criminal offense - overstaying a visa is a civil charge.
Yes, I do admit there is wiggle room for ICE to make it sound like all the people they are arresting are rapists and murderers (crossing the border illegally is itself a criminal offense), and as you point out, the Cato institute and many others have pointed out that high percentages of those deported don't have other criminal convictions. And given how much wide reporting there's been about how the administration is dissatisfied with the pace of deportations, it's clear there is pressure and incentive for ICE to deport as many people as possible.
So you can make all those valid arguments. Falsely stating (i.e. "making up" or "lying") that 30% of ICE arrests are citizens with no convictions doesn't help your point.
I think this is a misinterpretation of the document. The claim is:
> 70% of ICE arrests are of criminal illegal aliens charged with or convicted of crimes in the U.S.
I believe the claim here is that 70% of the people ICE arrests have been charged with or convicted of crimes other than being present in the USA illegally. I don't think this is at all meant to imply that 30% of arrests are of people who are present in the USA legally. I think it's just sloppy writing.
Technically not a word, but the US government uses "lawfully present individuals" in its policy docs. In addition to US citizens, this covers lawful permanent residents, people with valid non-immigrant visas/visa waivers, some country-specific exceptions (e.g. Canadian citizens visiting for short-term business and pleasure), and various humanitarian categories (refugees, people seeking asylum who have filed the proper paperwork, etc).
In short, an unfortunately very wide field of people for ICE to chew through without touching any citizens (even if one takes the most uncharitable interpretation, i.e. only 70% of arrests have been of unlawfully present individuals)
