Federal Judge Rules Immigration Agency Violated Man's Rights in Chinatown Arrest
A US District Judge has ruled that immigration authorities from the Immigration and Customs Enforcement (ICE) agency must release a man arrested during a chaotic raid in New York City's Chinatown last October. The decision came after Mamadou Boucom Ndoye, a Malian national who had lived in the country for over 15 years, was detained despite having an outstanding "Order of Supervision" that allowed him to stay.
ICE officials claimed they had broad stop-and-detain authority, but Judge Vernon Broderick rejected this argument. The judge found that ICE had violated Ndoye's due process rights by revoking his Order of Supervision without proper authorization from senior officials.
Broderick also criticized the agency's claim that they could check identification and detain anyone they saw fit without a warrant or probable cause. He argued that such broad authority was unconstitutional and lacked clear procedures to regulate these actions.
The judge pointed out that ICE presented no warrant for Ndoye's arrest and offered no proof of probable cause, simply stating that he was identified by chance. This lack of clarity is exactly why regulations exist, Broderick wrote.
In his ruling, the judge warned that such unchecked power could lead to arbitrary detentions without proper justification or explanation. He ordered ICE to release Ndoye immediately and return him to New York City.
The Department of Homeland Security has yet to comment on the decision, which is seen as a significant victory for due process rights in immigration cases.
A US District Judge has ruled that immigration authorities from the Immigration and Customs Enforcement (ICE) agency must release a man arrested during a chaotic raid in New York City's Chinatown last October. The decision came after Mamadou Boucom Ndoye, a Malian national who had lived in the country for over 15 years, was detained despite having an outstanding "Order of Supervision" that allowed him to stay.
ICE officials claimed they had broad stop-and-detain authority, but Judge Vernon Broderick rejected this argument. The judge found that ICE had violated Ndoye's due process rights by revoking his Order of Supervision without proper authorization from senior officials.
Broderick also criticized the agency's claim that they could check identification and detain anyone they saw fit without a warrant or probable cause. He argued that such broad authority was unconstitutional and lacked clear procedures to regulate these actions.
The judge pointed out that ICE presented no warrant for Ndoye's arrest and offered no proof of probable cause, simply stating that he was identified by chance. This lack of clarity is exactly why regulations exist, Broderick wrote.
In his ruling, the judge warned that such unchecked power could lead to arbitrary detentions without proper justification or explanation. He ordered ICE to release Ndoye immediately and return him to New York City.
The Department of Homeland Security has yet to comment on the decision, which is seen as a significant victory for due process rights in immigration cases.