{"id":3218,"date":"2025-03-29T05:28:10","date_gmt":"2025-03-29T05:28:10","guid":{"rendered":"https:\/\/gunowner-news.com\/?p=3218"},"modified":"2025-03-29T05:28:10","modified_gmt":"2025-03-29T05:28:10","slug":"ice-got-columbia-warrant-under-false-pretenses","status":"publish","type":"post","link":"https:\/\/gunowner-news.com\/?p=3218","title":{"rendered":"ICE Got Columbia Warrant Under \u201cFalse Pretenses\u201d"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<p><span class=\"has-underline\">Earlier this month,<\/span> while hunting for Columbia University students to deport over their ties to Gaza protests, the Trump administration convinced a federal judge to sign off on search warrants for two students\u2019 dorm rooms \u2014 then raided the residences with U.S. Immigration and Customs Enforcement agents.<\/p>\n<p>As details about the warrants have emerged, however, so have allegations that federal agents misled the court and secured the warrants under \u201cfalse pretenses,\u201d as one of the students whose room was searched, Yunseo Chung, claimed in a lawsuit challenging her deportation.<\/p>\n<p>The warrants were predicated on probable cause that Columbia was \u201charboring\u201d students who were in the country illegally, court filings indicate. Chung, however, is a lawful permanent resident, notwithstanding the Trump administration\u2019s efforts to deport her based on her arrest and citation at a Gaza sit-in. She has lived in the U.S. since she was 7 years old.<\/p>\n<p><!-- BLOCK(pullquote)[0](%7B%22componentName%22%3A%22PULLQUOTE%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%22pull%22%3A%22right%22%7D) --><\/p>\n<blockquote class=\"stylized pull-right\" data-shortcode-type=\"pullquote\" data-pull=\"right\"><p><!-- CONTENT(pullquote)[0] -->\u201cThe basis for this entire operation is constitutionally invalid.\u201d<!-- END-CONTENT(pullquote)[0] --><\/p><\/blockquote>\n<p><!-- END-BLOCK(pullquote)[0] --><\/p>\n<p>\u201cThe idea that they went before a federal magistrate judge and said, \u2018We have to search Ms. Chung\u2019s residence for evidence of Columbia harboring her\u2019 \u2014 that shows they\u2019re willing to lie to a judge,\u201d said Nathan Yaffe, an immigration attorney. <\/p>\n<p>Yaffe represents both Chung and the other Columbia student who was targeted by the search warrants, Ranjani Srinivasan, who <a href=\"https:\/\/www.nytimes.com\/2025\/03\/15\/nyregion\/columbia-student-kristi-noem-video.html\">left the country<\/a> in mid-March.<\/p>\n<p>Most of the materials relating to the search warrants remain under seal in federal court, and Columbia declined to comment on them, citing student privacy protections. ICE did not respond to The Intercept\u2019s questions about the warrants.<\/p>\n<p>\u201cIf the government falsified information to get the warrant, that is its own bundle of serious problems,\u201d said Joshua Colangelo-Bryan, an attorney at Human Rights First who also represents Chung. \u201cBut even if not, the basis for this entire operation is constitutionally invalid.\u201d<\/p>\n<p><!-- BLOCK(cta)[1](%7B%22componentName%22%3A%22CTA%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<p><!-- END-BLOCK(cta)[1] --><\/p>\n<h2 class=\"wp-block-heading\" id=\"h-harboring-and-concealing\">\u201cHarboring and Concealing\u201d?<\/h2>\n<p>The search warrants served on Columbia first became public through a late-night statement from the university on March 13, just five days after the <a href=\"https:\/\/theintercept.com\/2025\/03\/14\/mahmoud-khalil-ravi-ragbir-ice-deport\/\">jarring arrest<\/a> of <a href=\"https:\/\/theintercept.com\/2025\/03\/11\/mahmoud-khalil-columbia-ice-louisiana\/\">Mahmoud Khalil<\/a> in the lobby of his Columbia apartment building. The school did not include the targeted students\u2019 names, the specific buildings, or the government\u2019s legal justification for searching them.<\/p>\n<p>\u201cI am writing heartbroken to inform you that we had federal agents from the Department of Homeland Security (DHS) in two University residences tonight,\u201d Columbia interim president Katrina Armstrong wrote in <a href=\"https:\/\/president.columbia.edu\/news\/update-our-community-regarding-dhs-activity-tonight\">her statement<\/a>. Armstrong emphasized that university protocol \u201crequires that law enforcement have a judicial warrant to enter non-public University areas\u201d \u2014 which ICE satisfied by serving warrants signed by a federal magistrate judge.<\/p>\n<p>\u201cThe University is obligated to comply with the law,\u201d Armstrong wrote. \u201cNo one was arrested or detained. No items were removed, and no further action was taken.\u201d<\/p>\n<p>The next day, a top Justice Department official bragged about the unsuccessful raid in a speech. His remarks offered the first clues about the story the Trump administration told the federal judge who signed the warrants.<\/p>\n<p>\u201cJust last night we worked with the Department of Homeland Security to execute search warrants from an investigation into Columbia University for harboring and concealing illegal aliens on its campus,\u201d <a href=\"https:\/\/www.youtube.com\/live\/KaVNc4RT4Yc?si=mLXCyITyyd4PuWD4&amp;t=416\">said<\/a> Todd Blanche, the U.S. deputy attorney general. Blanche offered no evidence in his speech to support the allegation against the university.<\/p>\n<p><!-- BLOCK(promote-post)[2](%7B%22componentName%22%3A%22PROMOTE_POST%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%22slug%22%3A%22immigrants%22%2C%22crop%22%3A%22promo%22%7D) -->  <\/p>\n<aside class=\"promote-banner\">\n    <a class=\"promote-banner__link\" href=\"https:\/\/theintercept.com\/collections\/the-war-on-immigrants\/\"><br \/>\n              <span class=\"promote-banner__image\"><br \/>\n                  <\/span><\/p>\n<div class=\"promote-banner__text\">\n<p class=\"promote-banner__eyebrow\">\n            Read Our Complete Coverage          <\/p>\n<\/p><\/div>\n<p>    <\/a><br \/>\n  <\/aside>\n<p><!-- END-BLOCK(promote-post)[2] --><\/p>\n<p>The federal anti-harboring <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/8\/1324\">statute<\/a> makes it a crime to knowingly conceal noncitizens who are in the country illegally. Like many of the country\u2019s laws around immigration, the anti-harboring provision is written in broad language, which the Trump administration has <a href=\"https:\/\/www.lawdork.com\/p\/blanche-doj-immigration-memos\">wielded to threaten<\/a> legal aid organizations and other groups that advocate for immigrants\u2019 rights.<\/p>\n<p>Broad as the language is, however, the law still has concrete requirements. First, the people being \u201charbored\u201d must lack legal status to be in the U.S. And \u201charboring\u201d requires some sort of active concealment or obstruction, as opposed to simply declining to assist ICE in deportation.<\/p>\n<p>Courts have differed in their particular definitions, but the 2nd U.S. Circuit Court of Appeals, whose precedent is binding in New York federal courts, has<a href=\"https:\/\/scholar.google.com\/scholar_case?case=708271931811899030&amp;q=193+f3d+567&amp;hl=en&amp;as_sdt=2006\"> ruled<\/a> that a conviction for \u201charboring\u201d requires \u201cconduct tending substantially to facilitate an alien\u2019s remaining in the United States illegally and to prevent government authorities from detecting his unlawful presence.\u201d<\/p>\n<p>The U.S. Supreme Court has not defined \u201charboring,\u201d but in 2023 it <a href=\"https:\/\/scholar.google.com\/scholar_case?case=621532930949910117&amp;q=United+States+v+hansen&amp;hl=en&amp;as_sdt=2006\">interpreted<\/a> other parts of the same statute to require proof of the defendant\u2019s specific intent to break the law.<\/p>\n<p>The typical case under the harboring statute involves active concealment to help people who are undocumented or who have been ordered deported by an immigration judge to avoid being located by ICE, explained David Leopold, an immigration attorney. He contrasted that active concealment with <a href=\"https:\/\/www.npr.org\/2025\/03\/25\/nx-s1-5287017\/these-churches-offer-shelter-and-sanctuary-to-vulnerable-migrants-heres-why\">sanctuary churches<\/a> that have <a href=\"https:\/\/theintercept.com\/2018\/01\/19\/ice-new-sanctuary-movement-ravi-ragbir-deportation\/\">welcomed <\/a>undocumented people to live in their facilities, which <a href=\"https:\/\/theintercept.com\/2018\/06\/23\/deportation-family-separation-ice-barrios-vasquez-immigration-sanctuary\/\">offered some protection <\/a>against ICE raids.\u00a0<\/p>\n<p>\u201cThe reason the churches weren\u2019t charged with harboring,\u201d Leopold said, \u201cwas that it was open and obvious that the person was living there. They weren\u2019t hiding them surreptitiously.\u201d\u00a0<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-legal-impossibility\"><strong>\u201cLegal Impossibility\u201d<\/strong><\/h2>\n<p>When federal agents sought search warrants targeting Srinivasan and Chung\u2019s residences, the anti-harboring statute was the sole legal justification they offered to support probable cause of a federal crime, according to a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.nysd.639187\/gov.uscourts.nysd.639187.9.11.pdf\">copy of one of the warrants<\/a> filed with Chung\u2019s lawsuit.<\/p>\n<p>So far, the government hasn\u2019t offered evidence, at least not publicly, that Columbia was taking any active steps to obstruct ICE or conceal anyone on its campus. More fundamentally, both Chung and Srinivasan came to the U.S. entirely lawfully, and neither had appeared before an immigration judge, much less received a deportation order.<\/p>\n<p>On March 5, Srinivasan learned that the State Department was revoking her student visa in an email from the U.S. consulate in India. In the following days, ICE agents visited her apartment building at Columbia twice without a warrant, threatening through the door to keep coming back until they put her in deportation proceedings.<\/p>\n<p><!-- BLOCK(newsletter)[3](%7B%22componentName%22%3A%22NEWSLETTER%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<div class=\"newsletter-embed flex-col items-center print:hidden\" id=\"third-party--article-mid\" data-module=\"InlineNewsletter\" data-module-source=\"web_intercept_20241230_Inline_Signup_Replacement\">\n<div class=\"-mx-5 sm:-mx-10 p-5 sm:px-10 xl:-ml-5 lg:mr-0 xl:px-5 bg-accentLight hidden\" data-name=\"subscribed\">\n<h2 class=\"font-sans font-light uppercase text-[30px] leading-8 text-white tracking-[0.01em] mb-0\">\n      We\u2019re independent of corporate interests \u2014 and powered by members. Join us.    <\/h2>\n<p>    <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=489119&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F03%2F28%2Fice-warrants-columbia-students-gaza-protests%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"border border-white !text-white font-mono uppercase p-5 inline-flex items-center gap-3 hover:bg-white hover:!text-accentLight focus:bg-white focus:!text-accentLight\" data-name=\"donateCTA\" data-action=\"handleDonate\"><br \/>\n      Become a member      <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n    <\/a>\n  <\/div>\n<div class=\"group default w-full px-5 hidden\" data-name=\"unsubscribed\">\n<div class=\"px-5 border-[10px] border-accentLight\">\n<div class=\"bg-white -my-2.5 relative block px-4 md:px-5\">\n<h2 class=\"font-sans font-body text-[30px] font-bold tracking-[0.01em] leading-8 mb-0 xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Join Our Newsletter          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Thank You For Joining!          <\/span><br \/>\n        <\/h2>\n<p class=\"text-[27px] mb-3.5 font-bold text-accentLight tracking-[0.01em] leading-[29px] font-sans xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Original reporting. Fearless journalism. Delivered to you.          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Will you take the next step to support our independent journalism by becoming a member of The Intercept?          <\/span>\n        <\/p>\n<p>        <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=489119&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F03%2F28%2Fice-warrants-columbia-students-gaza-protests%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"group-[.default]:hidden border border-accentLight text-accentLight font-sans px-5 py-3.5 inline-flex items-center gap-3 text-[20px] font-bold\" data-action=\"handleDonate\"><br \/>\n          Become a member          <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n        <\/a><\/p>\n<div class=\"font-sans text-accentLight text-[10px] leading-[13px] text-balance [&amp;_a]:text-accentLight [&amp;_a]:font-bold [&amp;_a:hover]:underline group-[.subscribed]:hidden\">\n<p>By signing up, I agree to receive emails from The Intercept and to the <a href=\"https:\/\/theintercept.com\/privacy-policy\/\">Privacy Policy<\/a> and <a href=\"https:\/\/theintercept.com\/terms-use\/\">Terms of Use<\/a>.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<p><!-- END-BLOCK(newsletter)[3] --><\/p>\n<p>On March 11, after Columbia informed Srinivasan that she had been withdrawn from enrollment because of her revoked visa and urged her to meet with immigration agents, she boarded a flight to Canada rather than fight her deportation. ICE was apparently unaware that Srinivasan was no longer in the U.S. when three agents searched her room two days later.<\/p>\n<p>\u201cWe have a warrant to search this premises for electronics and documents related to Ranjani Srinivasan,\u201d a masked ICE agent explained to Srinivasan\u2019s roommate, according to video reviewed by The Intercept. Before leaving, the agent identified himself as special agent Brian Carlucci and left her a copy of the search warrant, which he signed.<\/p>\n<p>ICE did not follow the proper steps to revoke Srinivasan\u2019s legal status in the country, Yaffe told The Intercept, which means she was always in the country lawfully.<\/p>\n<p>\u201cIn my view it was unfounded to seek to execute a warrant for \u2018harboring\u2019 her,\u201d Yaffe said, That \u201clayer of pretext is not as clearcut\u201d for Srinivasan as it was for Chung, he said, given the latter\u2019s green card.<\/p>\n<p>Chung and her attorneys first heard from DHS agents on March 9 that the State Department had determined she should be deported under the same <a href=\"https:\/\/theintercept.com\/2025\/03\/13\/mahmoud-khalil-legal-free-speech-deport\/\">arcane legal provision<\/a> that Secretary of State Marco Rubio invoked against Khalil, who also has a green card.<\/p>\n<p>On Thursday, Rubio <a href=\"https:\/\/www.politico.com\/news\/2025\/03\/27\/marco-rubio-student-visas-palestine-00005141\">told reporters<\/a> he had revoked more than 300 students\u2019 visas so far, and was finding new ones to revoke daily.<\/p>\n<p>Whatever power Rubio may have to revoke visas and green cards over otherwise protected speech \u2014 which is currently being tested in numerous lawsuits by students who have been detained or threatened with deportation \u2014 his pronouncements do not immediately transform a lawful resident into an unlawful one, Chung\u2019s attorneys told a federal court on Tuesday.<\/p>\n<p><!-- BLOCK(pullquote)[4](%7B%22componentName%22%3A%22PULLQUOTE%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%22pull%22%3A%22right%22%7D) --><\/p>\n<blockquote class=\"stylized pull-right\" data-shortcode-type=\"pullquote\" data-pull=\"right\"><p><!-- CONTENT(pullquote)[4] -->\u201cNo matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise.\u201d<!-- END-CONTENT(pullquote)[4] --><\/p><\/blockquote>\n<p><!-- END-BLOCK(pullquote)[4] --><\/p>\n<p>\u201cNo matter what Secretary Rubio says, she remains a permanent resident until the immigration court decides otherwise,\u201d attorney Ramzi Kassem said at the hearing. \u201cAnd as long as she\u2019s a permanent resident, she cannot be \u2018harbored.\u2019 The statute does not apply to her.\u201d<\/p>\n<p>Chung\u2019s court filings did not include the more detailed affidavits that the agents submitted to federal Magistrate Judge Robert W. Lehrburger on March 13, which remain under seal.<\/p>\n<p>\u201cI can\u2019t imagine what truthfully could have been said in those affidavits to make the harboring statute relevant,\u201d Colangelo-Bryan said.<\/p>\n<p>Chung\u2019s lawsuit asserts the warrants were \u201cobtained on false pretenses\u201d and were just pretext to get close enough to arrest her and Srinivasan. In their warrant application, the government indicated to the judge that agents were searching for records related to the students\u2019 \u201caffiliation with Columbia University,\u201d such as lease agreements, student conduct materials, and communications with the school.<\/p>\n<p>ICE executed both warrants at Columbia between 9 and 10 p.m. on March 13, according to court filings. Yet they didn\u2019t seize anything during their searches.<\/p>\n<p>\u201cIt\u2019s clear that they that they were not actually searching for anything relating to those documents,\u201d Yaffe said, \u201cleaving aside that it\u2019s a legal impossibility to \u2018harbor\u2019 Ms. Chung.\u201d<\/p>\n<p>Other attorneys have been even more strident than Chung\u2019s legal team in demanding answers about how the warrants were issued.<\/p>\n<p>\u201cExcuse the profanity, but this is absolutely fucking insane,\u201d wrote Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, in a <a href=\"https:\/\/bsky.app\/profile\/reichlinmelnick.bsky.social\">social media post<\/a>, \u201cand such a clear overreach that I can\u2019t believe a magistrate judge authorized a warrant here.\u201d<\/p>\n<p>After the hearing on Tuesday, a different federal judge, Judge Naomi Reice Buchwald of the District Court, issued a <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.nysd.639187\/gov.uscourts.nysd.639187.19.0_4.pdf\">temporary restraining order<\/a> that bars the Trump administration from detaining Chung or moving her out of the state, as<a href=\"https:\/\/theintercept.com\/2025\/03\/14\/mahmoud-khalil-ravi-ragbir-ice-deport\/\"> ICE did with Khalil<\/a> and other student activists.<\/p>\n<p>Buchwald\u2019s order did not address Chung\u2019s allegations about the search warrants, although she noted in the hearing that she had pulled the government\u2019s affidavit from court files and was reviewing it.<\/p>\n<\/p><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/theintercept.com\/2025\/03\/28\/ice-warrants-columbia-students-gaza-protests\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Earlier this month, while hunting for Columbia University students to deport over their ties to Gaza protests, the Trump administration convinced a federal judge to sign off on search warrants for two students\u2019 dorm rooms \u2014 then raided the residences with U.S. Immigration and Customs Enforcement agents. As details about the warrants have emerged, however, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":3219,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":{"0":"post-3218","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-usa-news"},"_links":{"self":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3218"}],"version-history":[{"count":0,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3218\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/media\/3219"}],"wp:attachment":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}