ICE – Vengeance Unleashed

Dear Readers, In maybe somewhat subtle ways, the killing of Renee Nicole Good effects all of us. It serves as an exemplar for on over-charged and undisciplined law enforcement tasked to cause chaos in communities.

Our country was founded on a careful balance of shared sovereignty between a federal government and the states. This is made explicit in the 10th Amendment, the last of our original Bill of Rights, stating “Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

What this means is that there are some things, like national defense and making treaties, that are national concerns and some, like zoning, education, and policing, are state or local responsibilities. It is certainly true, over the centuries our federal government has greedily coopted powers – principally, through what is called “the commerce clause.” Common street crimes, burglary, assault, even murder, are typically state issues and prosecuted by state-empowered agencies; unless, there is a direct federal component (like a federally insured bank, involving federal property or federal official) and the Department of Justice can step in. Kidnapping, for example, is a state crime until it crosses state lines.

Our immigration laws are uniform and nationalized; an individual state does not have a visa or green card program. Citizenship is defined by our Constitution, not by the State of Georgia. Yet, there is an inherent tension between national immigration goals and state officials. ICE is a blunt instrument to round up undocumented peoples; local law enforcement communities rely on occupants of immigrant communities to enforce common criminal laws.

Community policing means developing trust with all occupants of it, citizen and non-citizen. An immigrant is less likely to report a crime or step forward as a witness if doing so might lead to their deportation.

On the other hand, strategic deportations can be an implement to removing social cancers. This makes for an uneasy strategic partnership between federal and local officials with their divergent missions.

National immigration enforcement officials are laser-focused on hunting down and detaining immigration violators; local policing is about insuring local safety and tranquility.

The aspiration is for police officers (this would apply to federal officers, like the FBI) to be highly trained and professional. Ideally, a recruit is a college graduate and sent to an academy for 6-months of training and additional “rookie” supervision.

In this process, officers are molded and instructed on “dos and don’ts.” They have rules and protocols hammered into their brains.

For example, an officer cannot ask someone to step outside a car without probable cause a crime has been committed. An officer should not step immediately in front of a vehicle. And, NEVER shoot a driver of a moving vehicle. This makes sense as a disabled driver makes for a 2-ton unguided missile.

An officer also has to respect the public’s “free speech” rights. During the Vietnam era, the insulting epithet “pig” was hurled by leftist agitators. Its ugly, its offensive, and its also not an arrestable offense.

From the perspective of Jonathan Ross (identified by the press, though not confirmed by DHS), the ICE Agent who killed Ms. Good, he was laser-focused on his mission – nabbing immigration violators. Unlike local police, he was unconcerned with anyone’s rights or the peace of the community. He was, if you will, vengeance unleashed and freed of any restraints or norms.

While Ross has been an ICE agent for almost a decade, this is exactly the recruitment promise by DHS. Join ICE and perform your job unfettered of legal limitations. Mr. Ross previously served our country in Iraq. He had been injured (33 stitches) trying to detain an immigrant in June.

Certainly, he brought these sensibilities and experiences with him to Minneapolis. This is only bolstered by those defending him. Essentially, an armed man, with military training, unaccountable for his actions.

As a federal officer he can face criminal justice, however the civil system is probably closed. This should concern you. The ranks of ICE are swelling with the billions of new dollars budgeted by Congress. We are going to see more Jonathan Rosses deployed in our communities by DHS, feeling that shooting and killing a mother is legal.

An ICE agent called the dying Ms. Good a “f– ing b—.” Two (2) other people were shot in Portland days after her death. Is that what we want roving our residential streets?

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami. Owner of Rockefeller Law Center, Jim has been in private practice since 2000. E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.