Benitez v. Department of Homeland Security
Overview
Overview
Latino and Hispanic New York City residents who have interacted with federal immigration enforcement agents sued the Department of Homeland Security over the civil immigration arrests that were conducted without a warrant or finding of probable cause.
The Issue
Issue
Whether civil immigration arrests conducted without a warrant or probable cause finding violate the Fourth Amendment.
The Rules
Rule
The Fourth Amendment prohibits unreasonable seizures and generally requires a warrant or an exception thereto. Immigration arrests under the INA must comply with constitutional protections against unreasonable search and seizure.
The Application
Analysis
DHS agents arrested Latino and Hispanic New York City residents in immigration enforcement operations without obtaining warrants or establishing probable cause, raising Fourth Amendment constitutional concerns.
The Conclusion
Conclusion
The case is currently active before the Northern District of New York. Plaintiffs seek damages and relief for allegedly unconstitutional civil immigration arrest practices.
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