The 23-year-old was pulled out of the van, placed in handcuffs, and detained for about 25 minutes while the agent searched him. When the agents finally found his ID confirming his citizenship, the agents let him go — without offering any explanation or apology.

A 23-year-old electrician from Brentwood is speaking out after a disturbing encounter with federal immigration agents left him handcuffed and shaken, despite being a U.S. citizen.

Elzon Lemus says he was on the job, driving in a work van with his co-worker in Westbury when they were pulled over by U.S. Immigration and Customs Enforcement (ICE) agents. The incident was recorded on Lemus’ phone.

“What’s up, guys? Can I see your ID, please?” an agent asks in the video.

When Lemus questions why they’re being stopped, the agent replies vaguely, “Cause you look like someone I’m looking for. Can I see your ID?”

Lemus continues, “Who are you looking for exactly? Because it’s definitely not me.”

The agent then warns him, “This is going to go one of two ways here. I need to see your ID — if you’re not the guy I’m looking for, you’re not the guy I’m looking for. But we need your ID.”

When Lemus continues to question why he’s being stopped the agent escalates and says “If we don’t get your ID we are going to need to figure out another way to ID you and that may not work out well for you.”

  • IamSparticles@lemmy.zip
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    2 days ago

    Yes, if you are driving you’re required by law in New York state to provide your driver’s license if asked.

    During a legal traffic stop, yes. They need a reason to pull you over, and that reason can’t be “I want to see your ID.” They must have reasonable suspicion that someone in the vehicle is an illegal immigrant. And that needs to be more substantial than “you look like you might be illegal.” Like they need very specific information that a specific person is in that specific vehicle.

    The problem is the justice department has been gutted of anyone that might hold them accountable.

    • MolecularCactus1324@lemmy.world
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      2 days ago

      All of what you said, but also, can ICE conduct traffic stops? Like only state and local police can enforce traffic laws in their own states and jurisdictions right? Maybe if it’s an interstate highway… but I would think they need a reason to pull you over and actually be able to show that they planned to enforce some traffic infraction. I doubt ICE writes speeding tickets, so I think they are breaking some law here.

      • IamSparticles@lemmy.zip
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        2 days ago

        They can’t enforce traffic laws, no. So they need some reasonable suspicion that falls under their jurisdiction, which is why I mentioned that they need evidence that an illegal immigrant is in the vehicle. Actual reasonable suspicion, not just a hunch. Just like a traffic cop can’t legally pull you over unless they actually witness you breaking a traffic law.

        so I think they are breaking some law here.

        They are breaking several laws and violating constitutional rights all over the place. But again. Unless somebody in authority holds them accountable it isn’t going to matter.

        • ayyy@sh.itjust.works
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          2 days ago

          And within a hundred miles of an international airport. So basically everywhere. The 4th amendment died during W. Bush’s administration. I’ve been screaming about it since then and everyone called me a conspiracy theorist.

      • LilB0kChoy@midwest.social
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        2 days ago

        Short answer, yes they can.

        Long answer, it’s really going to depend on the state and the laws there.

        That said, common etiquette would be not to unless, as someone else pointed out, they had a very specific reason to suspect an illegal immigrant is in the vehicle. Usually, LEOs stick to their specific jurisdiction’s unless they are asked to assist in another.

        Typical federal agencies would notify and work with law enforcement, but sanctuary states have directed state and local law enforcement not to.

        They are breaking the law and violating a US citizens constitutional rights, that’s where America is right now.