They were also a plot point in the final season of The West Wing. 2006.
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From the N.M. Sheriff Handbook:
“The Posse Comitatus
A sheriff has power to appoint special deputies, if it is necessary to preserve the peace (§4- 41-10). This power has come down through the centuries as part of our common law tradition. It is called the “posse comitatus” or "power of the county,” and is vested only in the sheriff.
In more populous, metropolitan counties, a sheriff may be called upon to use this power in rare instance.”
A gang of armed people patrolling seeking to arrest without a Sheriff’s deputizing them are acting illegally- they’re a gang.
RICO applies if they’re illegally detaining people or violating their civil rights.
Citizens Arrest - that’s an individual- not a gang acting without authority.
Edit:
And additionally- they’re not a militia either.
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that’s what I mean. You are not going to change these people so keeping them in a state where they are afraid or unable to act is the only option.
You can change them into detainees of the US prison system.
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Which I mentioned later in the post you quoted. Thanks for the repetition I guess?
Oh good… Now we’ve got Brown Shirts.
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You almost had it right. But were going down the “kidnapping” route (a federal crime) when the “false imprisonment” (a civil tort) is the more accurate and likely result.
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Immigration Law specifically prohibits state and local law enforcement from immigration enforcement duties unless specifically granted permission by the Federal government.
Since we can’t have such law enforcement people involved, it also means at no point can we have citizens posses for such purposes either.
These are a racist gang/terrorist group.
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Yep - roll out a RICO indictment for the lot of them.
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Challenge accepted. Found an exhaustive source in the first page of Google search results.
Especially relevant are the footnotes, which highlight example after example of people who have abused citizen’s arrest and been charged (some convicted) of various forms of kidnapping, wrongful detention, and false arrest.
While the author shows convincingly that the laws around citizen’s arrest are confusing and messy, the article highlights a pattern that people who go out and look for crimes, especially in groups, are the ones who usually face criminal charges; in contrast to individuals who witness a crime as part of their everyday lives.
False. Don’t propagate this alt-right BS talking point. People who are not part of a designated refugee class have to be present in the United States in order to apply for asylum. There is no legal requirement to enter at a designated port of entry (requiring asylum seekers to only enter at designated places violates the 1967 UN Protocol, which the USA is a signatory of). The only requirement is to seek out and apply for asylum with the EOIR.
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There’s a part of this argument that rarely gets discussed and that’s the fact that there is virtually no path to legal citizenship for central American immigrants other than asylum.
For those right wingers who scream “come here legally!” or “get in line like our ancestors did!”, the reality is there is no line to get in unless you already have relatives here (aka chain migration), you get extremely lucky (visa lottery), or you can afford a work or school visa (expensive). This leaves no other choice than claiming asylum from violence or persecution. All other options have been effectively removed. The total numbers of immigrants legally granted visas to enter the US from El Salvador, Honduras, Guatemala, and Mexico in the last 5 years can be measured in the dozens.
So when we talk about immigration reform, it’s equally important to look at both legal and illegal immigration issues as we won’t solve the problem with the latter if we don’t first tackle the former.
https://www.lawfareblog.com/what-are-legal-pathways-central-americans-enter-us
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Maybe. A judge would have to rule if an un-deputized private citizen is equivalent to local law enforcement, federal law enforce, or a special case not covered by the statue.
My preference: Drag a bunch of racist wannabe militia dorks through courts for the next few years to sort it out.
I would be interested in some example cases to the contrary, but so far nobody has offered more than repeated assertions of their personal opinion. I’d like to the see the opinion of a court more than the opinions of random people on the Internet.
Not even close. Even “the equivalent of” local or state law enforcement are not allowed to enforce immigration law. ONLY specially authorized federal agents may do so.
You can’t have a citizens posse to enforce immigration law, period.
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Tweet! I must throw a flag on this…
While fisherpersons are well known to exxagerate. Been there, done that. But you’re way off on that 100lb trout lie. World record is for the largest type of trout is 72lbs. We lie, but we’re not stupid about it.
ETA: kinda feel bad dropping a dad-level joke inn this very smart conversation. Discussions like this one are why BB is my 2nd daily ritual.
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Dude, you speculated on what the applicable state statute was and I found it for you. You’re welcome? Talk about coming in hot.
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Thread:
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that was kind of my point. it’s beyond stupid
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Kill Obama, Clinton, Soros and has weapons in his possession after two previous disqualifying weapons convictions and an impersonating a police officer? Throw in some sovereign citizen nonsense as well?
There’s a guy you want leading an illegal armed paramilitary gang.
Larry Mitchell Hopkins, 69, of Flora Vista, N.M., appeared in federal court in Las Cruces after his on Saturday on charges of illegally possessing firearms as a felon.
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But, you see, they weren’t his weapons.
A real piece of work, this guy.
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Then they won’t have his fingerprints in them?
Nor will his clothing have any gun oil or powder residue.
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