New Mexico militia detains migrants at gunpoint until Border Patrol arrives

[Enthusiastic Steward]

Thanks for the reply. Their statement is basically a stance which is what is expected they would say. From a possible legal ramifications. The police departments take the same stance. But if one of them is in danger of losing their lives to a criminal and a citizen intervenes and saves a officer, they are praised. As I stated before, let the courts decide if the militia is in the wrong. And if not and the authorities think it is still bad, change the law.

I get what you are saying, just as I get why the CBP statement is what it is. But with the magnifying lens on the border right now I'm of the opinion that extralegal militias are more likely in the big picture to accidentally cause more harm than good. I mean, our entire immigration system needs a top to bottom overhaul, but citizens rounding up migrants at gunpoint isn't going to help lead us in that direction right now.

[Citizen T]

kind of what i figured. your governor sounds like a fucking moron that doesnt know his own laws.

Well, you're mostly right. She doesn't know her own laws.

[howdy partner]

Good. Anyone who comes in illegally needs to be shot.

Our land, our rules, our laws. We rule the planet.

[dippinsawse]

Those immigrants are only following US law if they're seeking asylum. The part Trumpsters seem to always forget is that in order to seek asylum, people have to arrive in the US first. As stated on the United States Citizenship & Immigration Services Website:

That is only for the asylum process if you are already in the country. You are actually supposed to apply for asylum at the border, that is the correct way to do it. This idea that you CAN'T apply for asylum at the border is absolutely false. The reason most of these people don't do that is because border agents can and do reject their claims much faster and easier. But if they come in illegally first they get to run circles around our joke of a court and immigration system.

[PickleballAce]

Good. Anyone who comes in illegally needs to be shot.

Our land, our rules, our laws. We rule the planet.

Bad novelty account.

[Draco-Onis]

Illegal immigration is far worse than jay walking. Come on, you can do better than that.

Not according to the law they were seeking asylum, you remember the law don't you? Also you are endorsing people taking the law into their own hands using guns gg.

[Grapemask]

Crap, I was just getting caught up on the other thread, now I have to start all over on this one.

It's strange how MMO-C is so quick to close threads that paint white nationalism in a bad light, but threads that questioningly support it from months ago are still open. So very strange.

[Draco-Onis]

hahaha...oh is this a serious post? /snicker...

Were you serious cheering for the racists?

[Captain N]

Well, you're mostly right. She doesn't know her own laws.

You mean this law:

2013 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-14 - Arrest without a warrant. (1937)

Universal Citation: NM Stat § 31-4-14 (2013)

31-4-14. Arrest without a warrant. (1937)
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant.
History: Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14.


So are you claiming that illegal immigration is punishable by death in the state of New Mexico?

What is considered reasonable information that the accused stands charged in court?

[D Luniz]

So, how long before some dickhead kills a bunch of people?

#MAGA right?

So many ugly people on this forum...

my bet is said dickhead kills a citizen cause they dont put up with his "where are your papers? Respect my authorita" bs

[Citizen T]

You mean this law:

2013 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-14 - Arrest without a warrant. (1937)

Universal Citation: NM Stat § 31-4-14 (2013)

31-4-14. Arrest without a warrant. (1937)
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant.
History: Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14.


So are you claiming that illegal immigration is punishable by death in the state of New Mexico?

What is considered reasonable information that the accused stands charged in court?

Jumping into conversation without knowing what has already been discussed leads to you posting the exact same thing as about 5 other people. You can start here and follow along if you are interested in actual court decisions and application of that law.

[Captain N]

Jumping into conversation without knowing what has already been discussed leads to you posting the exact same thing as about 5 other people. You can start here and follow along if you are interested in actual court decisions and application of that law.

And yet nowhere in what Celista or I posted did it mention a felony at all. You added your own words in order to justify a false narrative.

The law states punishable by death or one year in prison both requiring the accused to have a charge in court with reasonable information of such.

Can you show me where these people waving guns in the face of people have reasonable information that they're criminals? Or are you still going with the stance that it's OK to harm people because they have brown skin and MIGHT be illegals?

Also that court case you're linking also says that the person making the citizen's arrest must have reasonable suspicion that a felony did take place.

13 In New Mexico, McGinnis indicates that the defense requires only that one "reasonably believe" a felony has been committed.


Can you show me where illegal immigration is a death sentence in the State of New Mexico?

For your claims to hold any water you would have to claim that these militia members reasonably believe that every person crossing is guilty of a crime warranting a death sentence or at least one year in prison. That is the only way that the citizen's arrest being allowed would be acceptable.

[Eosia]

That is only for the asylum process if you are already in the country. You are actually supposed to apply for asylum at the border, that is the correct way to do it. This idea that you CAN'T apply for asylum at the border is absolutely false. The reason most of these people don't do that is because border agents can and do reject their claims much faster and easier. But if they come in illegally first they get to run circles around our joke of a court and immigration system.

Go actually click on the link. The very first sentence of how to apply for Affirmative Asylum, which is what these immigrants are trying to do, states:

To obtain asylum through the affirmative asylum process you must be physically present in the United States.

The second sentence states:

You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.. Also, if you read the USCIS FAQ on the subject, barring any exceptional circumstances, a decision should be made on the application within 180 days.

So that blows your whole "they get to run circles..." garbage out of the water.

You are thinking of defensive asylum, which is the process that occurs if a person applies for asylum after an immigrant has been placed into removal proceedings before a judge.

[Mistame]

2013 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-14 - Arrest without a warrant. (1937)

Universal Citation: NM Stat § 31-4-14 (2013)

31-4-14. Arrest without a warrant. (1937)
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant.
History: Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14.

The underlined bit indicates that the crime committed must be a felony (the sentencing of a misdemeanor cannot exceed 1 year in jail, $1000 or both). Thus, "citizen's arrest" is only applicable in felony cases. "Illegal immigration" is a misdemeanor. This makes the militia's actions illegal. Additionally, detaining them at gunpoint constitutes acting with deadly force (they don't have to shoot them, only threaten them with being shot). So no matter how you look at it, what the militia is doing is illegal and objectively wrong.

Also, the people defending these militias are imbeciles. They are not "heroes", they're vigilantes using "citizen's arrest" as a cover to act out their bigotry. Real heroes would be protecting immigrants from the cartels, coyotes and corrupt border agents, helping them reach shelters so they're not dying in the middle of the desert and working to change immigration legislation, which is the real problem.

Edit: It seems PayPal suspended their account.

[Demasiados]

Why would I do that in relation to what I said? o.O

Dont mind him, he's the type of persons who hates freedom of speech so much he sides with ISIS.

[Demasiados]

Wait I side with ISIS?

Where we're the free speach people when ISIS websites were being taken down?

Wasnt sure about it in isolation but more of your posts did solidify my opinion of you.

[Neuroticaine]

New Mexico should have citizen's arrest. Good people just trying to stop criminals.

You mean criminals trying to stop good people.

[DKjaigen]

Shhhhh..... maybe the word ASYLUM is hard for you. If you enter the US to seek asylum, then you are LEGALLY in the US until your case has been processed. These thugs didn't stop no criminal. These terrorists, terrorized unarmed innocent civilians whose only "crime" was being different. No more, no less.

Sure let these `Asylum` stay in sanctuary cities then.

[Citizen T]

And yet nowhere in what Celista or I posted did it mention a felony at all. You added your own words in order to justify a false narrative.

The law states punishable by death or one year in prison both requiring the accused to have a charge in court with reasonable information of such.

Can you show me where these people waving guns in the face of people have reasonable information that they're criminals? Or are you still going with the stance that it's OK to harm people because they have brown skin and MIGHT be illegals?

Also that court case you're linking also says that the person making the citizen's arrest must have reasonable suspicion that a felony did take place.

13 In New Mexico, McGinnis indicates that the defense requires only that one "reasonably believe" a felony has been committed.


Can you show me where illegal immigration is a death sentence in the State of New Mexico?

For your claims to hold any water you would have to claim that these militia members reasonably believe that every person crossing is guilty of a crime warranting a death sentence or at least one year in prison. That is the only way that the citizen's arrest being allowed would be acceptable.

You sure do like to use that hyperbolic use of the "death sentence". The militia were absolutely aware that they committed a crime. Whether they were aware of the sentence for that crime, I don't know and neither do you. If they are charged with anything for their actions they will not be required to prove that a felony occurred only that they believed so.

In your view, the person that stops a drunk person from getting behind the wheel of a car is just as guilty as this militia. DWI is not punishable by a year in prison in NM unless you are twice the legal limit AND cause injury to someone. Should this person be arrested, tried and convicted for stopping the drunk driver?

I doubt that there is a prosecutor in southern New Mexico that will try this. The odds of getting a conviction from their peers here where the illegal immigration has it most immediate impact in the US are pretty low.

[Captain N]

You sure do like to use that hyperbolic use of the "death sentence". The militia were absolutely aware that they committed a crime. Whether they were aware of the sentence for that crime, I don't know and neither do you. If they are charged with anything for their actions they will not be required to prove that a felony occurred only that they believed so.

In your view, the person that stops a drunk person from getting behind the wheel of a car is just as guilty as this militia. DWI is not punishable by a year in prison in NM unless you are twice the legal limit AND cause injury to someone. Should this person be arrested, tried and convicted for stopping the drunk driver?

I doubt that there is a prosecutor in southern New Mexico that will try this. The odds of getting a conviction from their peers here where the illegal immigration has it most immediate impact in the US are pretty low.

Because you are trying to hand wave off the stipulations of the law and claiming that the governor doesn't understand it....

Also you decided to bring up a Supreme Court Ruling that was about a Criminal Charge -- which did indeed state that the reasonable belief of a felony is required to perform a citizen's arrest. You keep ignoring the point that an illegal border crossing is not a felony and therefor these militia cannot have reasonable belief one is being committed in that case.

The illegal entry of non-nationals into the United States is a misdemeanor according to the Immigration and Nationality Act of 1965, which prohibits non-nationals from entering or attempting to enter the United States at any time or place which has not been designated by an immigration officer, and also prohibits non-nationals from eluding inspection by immigration officers.[25]

If the militia does not have reasonable belief these are felonies -- and they're not by any standards then they themselves are in violation of the law. It seems the only person here who doesn't understand the law is you.