Federal Judge Orders Release of Man Arrested in Chinatown Immigration Raid, Ruling ICE's Conduct as Unconstitutional
A federal judge has ordered the release of Mamadou Boucom Ndoye, a Malian national who was arrested during a chaotic immigration raid in New York City's Chinatown last fall. The decision comes after a federal judge ruled that Immigration and Customs Enforcement (ICE) failed to follow its own rules and criticized the agency's claim of broad stop-and-detain authority.
According to court documents, ICE agents descended on Canal Street in October, arresting at least four individuals, including Ndoye. Despite having an existing final order of removal, ICE revoked his "Order of Supervision," which allowed him to stay in the country under federal supervision. This move was deemed a violation of Ndoye's due process rights by U.S. District Judge Vernon Broderick.
Broderick ruled that ICE illegally detained Ndoye by ignoring its own regulations, which dictate that only senior officials can revoke an Order of Supervision. However, in Ndoye's case, the decision was made by a lower-level officer without proper authority.
The judge also questioned ICE's account of how Ndoye was identified and arrested, stating that there was no warrant issued and no proof provided to support the arrest. Broderick noted that regulations exist for a reason, highlighting the importance of clarity in law enforcement procedures.
In his ruling, Broderick warned that if regulations are ignored, ICE will be free to engage in preplanned decisions to unlawfully detain individuals and then create post-hoc rationalizations. He also criticized the agency's lack of transparency and randomness in conducting "encounters" with potential detainees.
As a result of the ruling, ICE has been ordered to release Ndoye as soon as possible and transport him back to New York City. The Department of Homeland Security has yet to respond to requests for comment on the decision.
A federal judge has ordered the release of Mamadou Boucom Ndoye, a Malian national who was arrested during a chaotic immigration raid in New York City's Chinatown last fall. The decision comes after a federal judge ruled that Immigration and Customs Enforcement (ICE) failed to follow its own rules and criticized the agency's claim of broad stop-and-detain authority.
According to court documents, ICE agents descended on Canal Street in October, arresting at least four individuals, including Ndoye. Despite having an existing final order of removal, ICE revoked his "Order of Supervision," which allowed him to stay in the country under federal supervision. This move was deemed a violation of Ndoye's due process rights by U.S. District Judge Vernon Broderick.
Broderick ruled that ICE illegally detained Ndoye by ignoring its own regulations, which dictate that only senior officials can revoke an Order of Supervision. However, in Ndoye's case, the decision was made by a lower-level officer without proper authority.
The judge also questioned ICE's account of how Ndoye was identified and arrested, stating that there was no warrant issued and no proof provided to support the arrest. Broderick noted that regulations exist for a reason, highlighting the importance of clarity in law enforcement procedures.
In his ruling, Broderick warned that if regulations are ignored, ICE will be free to engage in preplanned decisions to unlawfully detain individuals and then create post-hoc rationalizations. He also criticized the agency's lack of transparency and randomness in conducting "encounters" with potential detainees.
As a result of the ruling, ICE has been ordered to release Ndoye as soon as possible and transport him back to New York City. The Department of Homeland Security has yet to respond to requests for comment on the decision.
and honestly who can blame them? I mean, they're supposed to be enforcing laws not making stuff up as they go along... it's like they think they're above the law or something 
. and now Mamadou Boucom Ndoye gets to walk free thanks to a judge calling out their BS. about time someone held them accountable for this kind of reckless behavior...
. anywayz, glad they r lettin him go 
, & I'm pretty sure this judge wasnt havin it w/ all the drama ICE was tryin 2 pull 
i think its a good move to release him tho, he didnt do anything wrong. gotta make sure the system is fair for everyone, not just the ones with power 
this judge's decision is super important, it shows that even in a place like NYC where immigration laws are super complex, the courts can step in and say "hold up, you're doing this wrong". ICE's actions seem so reckless, revoking someone's supervision without proper authority? 
that's a huge red flag. And what's with all these random arrests without warrants or proof? it's like they were just winging it. 
the judge is right, regulations are there for a reason, and ICE needs to respect that. hopefully, this will lead to some changes in how they operate... 
.
. but it's still scary when a judge has to step in and tell them to do the right thing 
. it's not too late for ICE to get their act together and figure out how to do this whole law enforcement thing right 
.