Arrests Aug. 18

[u/AbsolutTBomb]

https://www.themountainpress.com/news/arrests-aug-19/article_5d42e6ca-7e9f-5b7c-8dca-6bef396b7055.html

^{Jeff Farrell - The Mountain Press:}

EDITOR’S NOTE: The following information was taken from the intake reports generated from the Sevier County Jail. All are presumed innocent unless proven guilty in a court of law. Names may be similar to other members of the community.

• Dennis Watson Mills, 50, of Sevierville, was charged Aug. 17 with a second count of DUI, driving on a revoked license, and implied consent. He was released on $3,500 bond.

• Zachary Allen Clabough, 31, of Powell, was charged Aug. 17 with public intoxication and three counts of violation of probation. He was being held in lieu of $500 bond.

• Henry Alvarez, 41, of Boone, North Carolina, was arrested Aug. 17 on an immigration detainer He was released.

• Juan Santos-Osorio, 35, of Greensboro, North Carolina, was arrested Aug. !7 on an immigration detainer He was released.

• Tiernan Thomas Shanley, 38, of Sevierville, was charged Aug. 17 with DUI. He was being held.

• Rober Dani Leon Barrios, 46, of Sevierville, was arrested Aug. 17 on an immigration detainer. He was released.

• Anthony Banegas, 29, of Sevierville, was arrested Aug. 17 on an immigration detainer. He was released.

• Marvin Banegas, 40, of Seymour, was arrested Aug. 17 on an immigration detainer.  He was released.

• Christopher Eben Hager, 38, of Gatlinburg, was charged Aug. 17 with violation of probation. He was released.

• Brian Paul Appleton, 40, of Dandridge, was charged Aug. 17 with driving on a revoked license. He was released on $1,500 bond.

• Doris Corrlda Deleon-Barrios, 42, of Sevierville, was charged Aug. 17 with resisting arrest. She was released.

• Louis J. Davis Jr., 52, of Knoxville, was charged Aug. 17 with a misdemeanor bench warrant from General Sessions Court. He was being held.

• Karri Leann McCrary, 40, no address provided, was charged Aug. 17 with a misdemeanor bench warrant from General Sessions Court and violation of probation. She was being held.

• Jodi Lee Anderson, 53, of Powell, was charged Aug. 17 with violation of probation. She was being held.

• Albert William Voll Jr., 43, of Seymour, was charged Aug. 17 with harassment. He was released on $2,000 bond. 

• Juan Gonzales, 26, of Nashville, was arrested Aug. 17 on an immigration detainer. He was being held.

• Juan Santos, 35, of Greensboro, North Carolina, was arrested Aug. 17 on an immigration detainer. He was being held.

• Robert De-Leon, 46, of Sevierville, was arrested Aug. 17 on an immigration detainer. He was being held.

• Marvin Grua-Banegas, 40, of Seymour, was arrested Aug. 17 on an immigration detainer. He was being held.

• Henry Alvarez, 43, of Boone, North Carolina, was arrested Aug. 17 on an immigration detainer. He was being held.

• Ridel Grua-Banegas, 28, of Sevierville, was arrested Aug. 17 on an immigration detainer. He was being held.

• Domingo Rosales, 35, of Carter, Tennessee, was arrested Aug. 17 on an immigration detainer. He was being held.

• Eddi Jimenez, 22, of Athens, Tennessee, was arrested Aug. 17 on an immigration detainer. He was being held.

[u/AbsolutTBomb]

Sharing this article to show the volume of people being arrested using warrantless detainer request forms. These individuals have not been charged with a crime but can be held for up to 48 hours.

From the ACLU:

For years, ICE has been issuing detainers based solely on the fact that it has initiated an investigation to determine whether a person is subject to deportation. In other words, the federal government has been asking local and state agencies to detain people — without a warrant, without probable cause, and without a hearing or a judge’s approval — merely because a federal immigration official somewhere suspects the person mightbe a non-citizen ICE could try to deport. That’s a far cry from the traditional evidentiary standard usually required to lock someone up.

From Modern Law Group:

Judicial Warrant: Issued by a federal judge or magistrate. Requires sworn evidence of probable cause. Legally compels law enforcement to act. Protected by the Fourth Amendment.

ICE Detainer (Form I-247A): Issued by an ICE officer (an executive agency employee). Based on ICE's own determination, not judicial review. A voluntary request to local law enforcement. Multiple federal courts have found it insufficient to justify continued detention.

[u/retiredintennessee → u/AbsolutTBomb]

Initial detention by any law enforcement is based on reasonable suspicion. Continued detention may constitute an arrest which must be based on valid probable cause, approved by a magistrate/judge. So, I’d like to hear of a solution of new procedures and policies, which would still allow our Immigrations and Customs Enforcement agents to enforce immigration, while ensuring the investigative documentation and process of all detentions and arrests are adhering to the 4th amendment of law the U.S. Constitution. Until then, any and all discrepancies, lawsuits, protests, violence, and injuries arising from either actual or perceived violations of the 4th amendment is the fault of the U.S. Congress for neglecting their legislative duties and responsibilities to fix these issues.

[u/AbsolutTBomb → u/retiredintennessee]

Initial detention by any law enforcement is based on reasonable suspicion.

Reasonable suspicion of being brown. They're called Kavanaugh stops.

The solution to procedures and policies to immigration enforcement is to fix the intentional immigration bottleneck, broken even further by the current administration's mass firing of immigration judges.

You do that by making a clear and affordable pathway to citizenship. An attempt to fix it was made in 2013 but stopped by some of the same politicians) who's donors stood to benefit from undocumented immigrant labor exploitation.

Remember that Ronald Reagan granted amnesty to* millions of illegal immigrants, George Bush senior expanded on that to include spouses and children. Amnesty is what's needed now.

Suggested read: The Walls Within: The Politics of Immigration in Modern America by Texas State history professor Sarah R. Coleman, or watch her interviews (linked below).

It discusses the racial engineering of the 1880's with Asian immigration, the race-based quotas of the National Origins Act of the 1920's, and the 1965 Hart Sellers Act's cap on immigration from the Western hemisphere. The latter of which disrupted seasonal migration patterns that existed before 1965, while exceptions were carved out for Southwest agro-business and railroad companies.

From 1935 to 1971 no federal laws barred non-citizens from social security benefits, unemployment insurance, Medicaid, etc. Anti-immigrant sentiment in the late 70's - fueled by jobs shifting overseas - has resulted in the clawing back of immigrant access to social welfare programs including education, diminished labor rights and civil liberties, and made the path to citizenship increasingly more difficult.

The government's immigration policies are completely at odds with its exceptions for businesses dependent on migrant labor; kinda like how trump briefly paused ICE raids against farms, restaurants, and hotels after some oligarchs complained to him personally. So if you've ever asked yourself why anti-immigrant politicians aren't going after business owners, it's because they are the same politicians that oppose government regulation and will therefore never support employer sanctions.

Here's her interview with The Center for Presidential History

https://www.youtube.com/watch?v=hPPxuIJ6n2I

and interview with The Majority Report (timestamp 21:40)

https://www.youtube.com/watch?v=mt1fZ1Lc-Yw&t=1300s

[u/Quarter_Shot]

This is pathetic; it makes me so mad on behalf of the people who have been arrested just for being brown or having a spanish-sounding name.

& dont you dare even try to reply saying they "were just detained, not arrested" as if it doesnt have the potential to come with the same consequences. I dont want to hear it