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Gregg Jarrett predicts judge’s anti-ICE ruling is heading for dust bin

Daily Caller News Foundation

Fox News legal analyst Gregg Jarrett said Monday that raids by United States Immigration and Customs Enforcement (ICE), including one on a cannabis farm, are within the parameters of the Fourth Amendment.

One person fired at the ICE agents with a pistol when ICE raided the California marijuana farm after obtaining a warrant, with the FBI offering a $50,000 reward for information leading to the suspect’s identification, arrest and conviction. Jarrett said that the orders from United States District Judge Maame Ewusi-Mensah Frimpong of the Central District of California, a Biden appointee, for ICE to cease operations would likely be overturned on appeal.

“I think the actions of ICE are in satisfaction of the Fourth Amendment, L.J.,” Jarrett told “Fox and Friends” co-host Lawrence Jones. “This judge’s order is based on an assumption that people are being stopped or detained solely based on race or speaking Spanish or being present at a particular location. I doubt that’s going to hold up on appeal.”

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“First of all, the ruling is way overbroad,” Jarrett continued. “Second, she admits that ICE is authorized to conduct deportation. The only question is whether they have what’s called reasonable suspicion that suspects are here illegally. Well, that is a very low threshold, below probable cause. When. For example, ICE retains reliable evidence that a business is employing illegal migrants, they already have reasonable suspicion when they arrive. Then they question the workers, they secure further evidence, all of that supports then, their arrests, and that conforms with the law, L.J., so this may be another example of a judge whose political bias is influencing her decision.”

Frimpong ordered that ICE not stop or detain people without “reasonable suspicion” that the person is in the United States illegally, nor can they do so based on race, speaking Spanish or due to them being in a specific location.

Rioting spread to multiple cities after initially flaring up in Los Angeles following a June ICE operation, with some Democrats demanding that the agency cease its operations to “restore order.” Democratic Mayor Karen Bass of Los Angeles issued an order reinforcing the city’s sanctuary policies days after filing a lawsuit to halt ICE raids.

Jarrett also explained what went into the “reasonable suspicion” standard when Jones noted marijuana is still illegal under federal law.

“Remember, the legal standard for detaining and questioning somebody is a subjective one,” Jarrett said. “It involves a collection of what’s called articulable facts that somebody’s in violation of immigration law or federal law, L.J., as you point out, and context is important. It includes location, behavior, information from sources, so a lot of these raids by ICE, particularly the marijuana farm, satisfy the legal requirement quite easily.”

“Now is race or ethnicity a factor?” Jarrett continued. “Of course it is, common sense tells us that and the Supreme Court has said race is a permissible factor as long as it’s not the only reason and invariably it’s not.”

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Harold Hutchison
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