Should I.C.E. Lawyer up?

Operation Hope Discussion
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“Qualified immunity” shields ICE agents and other law enforcement from certain civil suits, but not from criminal liability.

18 U.S.C. § 242 — Deprivation of Rights Under Color of Law

This federal statute makes it a crime for anyone acting “under color of law” (including ICE, police, or other officials) to willfully deprive a person of rights protected by the Constitution or U.S. law.

Key points:

  • It applies to any federal, state, or local officer, including ICE.

  • If the act involves bodily injury, use of a dangerous weapon, or kidnapping, the penalties increase significantly.

  • In extreme cases (like if the violation results in death), penalties can include life imprisonment or the death penalty.

So, if an ICE officer uses a dangerous weapon or unlawfully detains (kidnaps) someone in a way that violates constitutional rights, 18 U.S.C. § 242 could indeed be applied. Does anyone know any lawyers willing to take this up as a bone to chew on?

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Interesting, I haven’t looked into the legal code. I know some lawyers, but none that cover Criminal law, I bet they have friends who can give more insight, worth looking into.

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Short answer is no, no lawyers are going to try to use this statute against ICE because of the wording of it, and the 1945 burrito Supreme Court decision in Screws vs US. It comes down to intent of the offending party. It’s ridiculous, but our country holds law enforcement to a ridiculously low standard.

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I agree that they are held to low standards but a really good lawyer stands a chance as the law is clear and their actions are even clearer.

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