Aaron Reichlin-Melnick Profile picture
Nov 20 15 tweets 6 min read Read on X
THREAD: Judge Ellis is the first federal judge to review extensive body cam video of DHS's actions in Chicago. She finds that DHS *repeatedly* misled the public and made claims that were disproven by agents' own videos.

I'll go through some of the most egregious ones here. Image
On October 28, @DHSGov claimed that days earlier "rioters" had "shot at agents with commercial artillery shell fireworks," thus forcing agents to deploy tear gas and riot munitions.

Judge Ellis reviewed the video. This was completely false. The explosions were DHS's flashbangs! Image
Image
@DHSgov DHS claimed that agents were forced to use riot munitions to disperse an "unruly mob" on Sept. 19.

In fact, "the scene [was] quiet," and then "almost immediately and without warning, agents lob flashbang grenades, tear gas, and pepper balls, stating 'fuck yea!' as they do so." Image
@DHSgov DHS claimed that on September 26, a DHS officer claimed that they were forced to deploy riot munitions because protestors were "becoming increasingly hostile."

In fact, "the BWC video shows that the protesters were simply standing there when agents first deployed any force." Image
@DHSgov DHS claimed an incident on Oct. 3 showed agents were in danger of being "rammed."

In fact, body cams "suggest[] that the agent drove erratically and brake-checked other motorists in an attempt to force accidents that agents could then use as justifications for deploying force." Image
@DHSgov Judge Ellis says all these errors add up—"at some point, it becomes difficult, if not impossible, to believe almost anything that [DHS] represent[s]."

E.g., a top officer testified protestors had shields with nails in them; except there were no nails and mostly it was carboard. Image
@DHSgov In another incident, DHS officers wrote in an incident report, which @DHSgov publicized, that protestors had throw a bike at federal agents.

In fact, body cams showed that it was the agents themselves that "actually took a protester's bike and threw it to the side." Image
@DHSgov In another example of testimony that wasn't backed up by evidence, the head of ICE ERO's Chicago Field Office testified that a protestor had "ripped a beard off an agent's face" and broken part of ICE's building.

When questioned, he admitted he had no evidence of this at all. Image
@DHSgov Judge Ellis also found that a top CBP leader's testimony was not credible, in part because he admitted that was relying on unreliable "use of force" reports generated by DHS officers — and in a footnote, says video shows an officer asking ChatGPT to help him fill out the report! Image
@DHSgov When she gets to Gregory Bovino (@CMDROpAtLargeCA), she finds him completely uncredible, and says he was evasive or outright lied multiple times across three days of testimony — and not just any falsehoods, he did this about things which were all captured on video. Image
@DHSgov @CMDROpAtLargeCA For example, the incident on October 23 where @DHSgov claimed that he was hit in the head with a rock before he deployed tear gas?

Didn't happen. He fired tear gas, and then AFTER, someone threw a rock. He went back and forth on this under oath, repeatedly changing his story. Image
@DHSgov @CMDROpAtLargeCA What this shows is that @DHSgov's "official version" of events simply cannot be believed. In video after video, claims made by DHS officers or by @DHSgov online were shown not to have occurred at all or to have occurred in a substantially different way than first described.
@DHSgov @CMDROpAtLargeCA This opinion comes on the same day that the DOJ dropped ALL CHARGES against a woman shot by a Border Patrol agent 5 times, who @DHSgov accused of ramming a car agents and pulling a gun on agents.

It strongly suggests they couldn't prove it in court.
@DHSgov @CMDROpAtLargeCA The full decision is here. Notably, the 7th Circuit has temporarily put the decision on hold; not because of any flaws in her factual analysis, but because of concerns that she has imposed requirements that are too broad on DHS. cst.brightspotcdn.com/49/34/daecfb4d… x.com/SeidelContent/…
@DHSgov @CMDROpAtLargeCA Given that DOJ would have be the ones to prosecute, I doubt there will be many. The biggest consequence is that there is now a growing record that Bovino and DHS are not telling the truth, and their claims will get more judicial skepticism going forward.

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More from @ReichlinMelnick

Dec 8
In every single major immigration raid so far, the MAJORITY of people arrested by DHS officers have no criminal record whatsoever — not even any traffic violations or misdemeanors.

In Washington, DC, it was 84% of all those arrested. In Los Angeles, 57%. In Illinois, 66%. Image
That is simply not true. Not only is being undocumented not a crime, but to have a criminal record requires someone to have been arrested for an offense in the past.
Neither of those offenses are relevant to the question of whether being undocumented is a crime, nor the question of whether a person who may have committed a crime for which they weren't charged can accurately be described as "having a criminal record."
Read 10 tweets
Dec 7
This is FALSE. As the Supreme Court spelled out very clearly 125 years ago, “subject to the jurisdiction thereof” refers to three categories of exceptions, two ancient and one uniquely American.

- Children of diplomats
- Children of occupying soldiers
- Native Americans Image
Mr. Wong’s parents were ineligible for citizenship in a way today’s permanent residents are not. And the Court was clear that the 14th Amendment codified the ancient rule of birthright citizenship.

Also, Trump’s EO claims to bar citizenship even for children of ppl here legally.
That is exactly what the excerpt says. Read it again. “The real object of the Fourteenth Amendment … would appear to have been to exclude … (besides children of members of the Indian tribes…), the two classes of cases” recognized in common law.

So yeah; an exclusive list. Image
Read 10 tweets
Dec 3
Obviously I have little sympathy for this guy, given his offenses. But I do want to explain why it is that this man was still in the country and not deported under any previous admin, including the first Trump admin.

In short - because for 50+ years, Cuba refused deportations.
Florida's sex offender registry says that Mr. Milian has two convictions relating to a single court case from 1996. So he's been deportable for at least 29 years.

But from 1965 to 2017, Cuba refused to accept any deportations of people who were inside the United States. Period. Image
The result of this diplomatic impasse means that for 50+ years, Cuban noncitizens convicted of a crime in the U.S. and ordered removed were mostly treated like regular American ex-con. After they did their time they'd be transferred to immigration custody and eventually released.
Read 8 tweets
Nov 4
Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.

Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one. Image
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:

1. It is not a crime to be undocumented, as the Supreme Court itself has noted.
2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.
Read 9 tweets
Nov 4
🧵Today a federal judge is looking into horrific conditions inside ICE holding cells in Chicago, which until January were for stays under 12 hours absent exceptional circumstances.

People are now held for days — and ICE uses the threat of longer stays to get deportation orders. Image
The excerpts I'm posting are taken from over a dozen sworn declarations submitted in a lawsuit seeking to force ICE to improve conditions. I'll link to the docket at the end of the thread.

One thing comes through clearly in these declarations: the cells are FILTHY. Image
Multiple immigrants detained at the facility say ICE officer demanded that they sign deportation paperwork, refused to let them talk to lawyers, and threatened them when they wouldn't sign documents in English that they couldn't read.

Here's a representative example. Image
Read 13 tweets
Oct 28
🚨HUGE moment. ICE leadership is being purged tonight. The old guard, which prioritized targeted enforcement operations aimed at people with criminal records, is being replaced with Border Patrol and Greg Bovino's "Midway Blitz" style.

Think things are bad now? It'll get worse.
The first to report on the purge tonight was @Anna_Giaritelli. ICE's leadership is going to be heavily replaced/augmented with Border Patrol leadership.

These are different agencies with different missions and different tactics. It will be chaotic.
@Anna_Giaritelli NBC news reports that the person making all these decisions is not Secretary Noem; it's Corey Lewandowski, who is still a "special government employee" (and by many reports sleeping with Noem and running the agency while she does mostly TV), as well as Gregory Bovino himself. Image
Read 6 tweets

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