A federal judge in Oregon says he can no longer assume ICE agents are telling the truth in their arrest paperwork, declaring Monday that live testimony is now "necessary" after finding that warrantless arrests are still being made and facts are being "fabricated in official records" by immigration officers.

In a 50-page opinion, U.S. District Judge Mustafa Kasubhai ruled that ICE repeatedly violated an existing court order governing warrantless immigration arrests in the Beaver State, with inaccurate reports, missing records and accounts that did not match what actually happened.

The judge's loss of confidence in the agency was so pronounced that he withdrew the usual presumption that government officials have properly performed their duties.

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[–] 37 points 2 days ago (5 children)

So... surely this is felony perjury?

Most state laws have provisions that mirror federal law. The New York state penal code provides for various degrees of perjury crimes and criminal offenses for making apparently false statements. At the lower end, perjury in the third-degree is a class A misdemeanor offense. This crime involves making a false statement while giving testimony under oath or in a subscribed written instrument when under oath. The crime rises to a felony offense of perjury in the second degree when:

  • The statement is material;
    
  • Made in a subscribed written instrument; and
    
  • Made to mislead a public official in his official functions
    

The offense can become a felony charge of perjury in the first degree when the false statement is material and occurs during testimony.

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