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Governments all over the world always roll out programs in the name of safety and security using fear in order to control people!!

đŸșThe Wise Wolf's avatar

If anyone has the brains to give a damn about what is happening, I am writing up a petition to file in the Us District Court to have an injunction filed against this ICE expansion. I need your help. I need at least 500 signatures for them to take this seriously. If you want to help, here is what I have written so far, comment below with your name and I will add it to the final petition and have my attorney file it:

PETITION AND DECLARATION OF CONCERN:

ON THE CONSTITUTIONALITY AND HUMANITY OF IMMIGRATION DETENTION PRACTICES

We, the undersigned, affirm the following:

We believe in a nation governed by law, justice, and human dignity. We affirm that the United States Constitution protects all persons within its jurisdiction — citizen and non-citizen alike — from arbitrary detention, cruel and unusual punishment, and violations of due process.

We are deeply concerned about the rapid expansion of immigration detention infrastructure and the prolonged detention of non-citizens — including asylum seekers, families, and long-term residents — without individualized bond hearings, access to counsel, or meaningful judicial review.

We assert that the federal government’s current reliance on mass civil detention as a default enforcement mechanism raises serious constitutional, statutory, and humanitarian concerns.

Legal and Constitutional Basis for Concern

Fifth Amendment – Due Process Clause

The Fifth Amendment guarantees that no person shall be "deprived of life, liberty, or property, without due process of law."

Zadvydas v. Davis, 533 U.S. 678 (2001): The Supreme Court held that indefinite detention of non-citizens is unconstitutional. Detention must be reasonably related to the purposes of removal. Once removal is not reasonably foreseeable, continued detention violates due process.

Eighth Amendment – Prohibition of Cruel and Unusual Punishment

While immigration detention is civil, not criminal, conditions of confinement must not amount to punishment.

Bell v. Wolfish, 441 U.S. 520 (1979): Pretrial detention must not be punitive in nature. Conditions that constitute punishment without conviction violate the Constitution.

Equal Protection and Equal Application of Law

The government must not treat individuals differently based on national origin or immigration status in ways that violate fundamental rights.

Plyler v. Doe, 457 U.S. 202 (1782): The Court held that undocumented children have a right to public education, affirming that the Equal Protection Clause applies to all persons, regardless of immigration status.

Statutory Authority and Congressional Limits

The Immigration and Nationality Act (INA), 8 U.S.C. § 1226 and § 1231, authorizes detention pending removal proceedings or deportation. However, the law requires that detention be individualized and subject to bond hearings where appropriate.

Jennings v. Rodriguez, 583 U.S. ___ (2018): The Court held that bond hearings are not automatically required every six months, but lower courts have since interpreted Zadvydas to require review of prolonged detention.

Alternatives to Detention (ATDs)

ICE itself recognizes ATDs — such as GPS monitoring, telephonic check-ins, and case management — as effective, humane, and far less expensive than detention. According to ICE’s own data, compliance rates with ATD programs exceed 90%.

[Source: ICE Alternatives to Detention Program Reports]

Cost and Fiscal Responsibility

The average daily cost of detaining one person in ICE custody exceeds $150 per day (over $55,000 annually), while ATD programs cost less than $10 per day.

[Source: U.S. Department of Homeland Security Office of Inspector General Reports]

Separation of Powers and Militarization Concerns

ICE is a law enforcement agency under the Department of Homeland Security (DHS), not the military. The Posse Comitatus Act, 18 U.S.C. § 1385, limits the use of the military for domestic law enforcement. While ICE is not a military force, its rapid expansion without sufficient oversight raises concerns about unchecked executive power.

The Founders warned against standing armies and unchecked federal authority (Federalist No. 8, Federalist No. 45). While ICE is not a "domestic army," its operations must remain subject to judicial review, congressional oversight, and constitutional limits.

Our Moral and Legal Stance

We do not dispute the federal government’s authority to enforce immigration laws. However, we assert that:

Detention must be the exception, not the rule.

Prolonged or indefinite detention without bond hearings violates Zadvydas and the Fifth Amendment.

The use of taxpayer funds for mass detention — when proven, cheaper alternatives exist — is fiscally irresponsible and inhumane.

The expansion of detention infrastructure without public debate or legislative authorization undermines democratic accountability.

We believe that deportation is not a justification for indefinite incarceration. If someone can be placed on a bus, plane, or other means of return, detention is unnecessary and disproportionate.

Call to Action

We, the undersigned, call upon the federal government to:

End the practice of mandatory detention without individualized bond hearings.

Expand Alternatives to Detention (ATDs) as the default for non-citizens not deemed a flight risk or danger.

Close for-profit detention centers and reduce reliance on private prison corporations.

Ensure all detained individuals have access to legal counsel, medical care, and due process.

Submit all immigration enforcement policies to congressional oversight and public transparency.

We further affirm our intent to file a petition for declaratory and injunctive relief in federal court, seeking to enjoin policies of prolonged, unnecessary immigration detention as violations of the Fifth Amendment and relevant statutes.

Signatures

We, the undersigned, support this declaration and authorize the filing of legal action to challenge unconstitutional immigration detention practices.

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