That’d be case 3: when in doubt, detain. Blatantly illegal.
What made me think that it wasn’t that case was that OP mentions app specifies whether or not an order of deportation had been issued.
If that is one of several possible “detain” conditions, the app would function like case 2. If that was the only trigger for detention, the app would function like case 1.
That’d be case 3: when in doubt, detain. Blatantly illegal.
The point of these programs is to eliminate ‘doubt’, the agent KNOWS that the machine is saying that the target should be detained and that’s all they need for an excuse to effect an arrest.
The fact that their knowledge is based on flawed technology isn’t something that you can argue in the field, only in front of a judge which is well after you’ve been arrested.
This technology is used like drug sniffing dogs are used now. They provide an excuse, probable cause, and the fact that it’s completely possible to arbitrarily generate probable cause isn’t something that helps you during your encounter.
It’s a shit tactic but, absent legislation from a working government, law enforcement can get away with shady and unconstitutional tactics. Since we don’t have a functioning federal government we have to deal with these shady tactics from law enforcement and hope that courts will eventually find the truth.
If they scan your face and it says you’re illegally in the country then you’re getting arrested, no matter what evidence you have to the contrary.
False positives are arrested and held in custody until the legal system can get to them.
That’d be case 3: when in doubt, detain. Blatantly illegal.
What made me think that it wasn’t that case was that OP mentions app specifies whether or not an order of deportation had been issued.
If that is one of several possible “detain” conditions, the app would function like case 2. If that was the only trigger for detention, the app would function like case 1.
The point of these programs is to eliminate ‘doubt’, the agent KNOWS that the machine is saying that the target should be detained and that’s all they need for an excuse to effect an arrest.
The fact that their knowledge is based on flawed technology isn’t something that you can argue in the field, only in front of a judge which is well after you’ve been arrested.
This technology is used like drug sniffing dogs are used now. They provide an excuse, probable cause, and the fact that it’s completely possible to arbitrarily generate probable cause isn’t something that helps you during your encounter.
It’s a shit tactic but, absent legislation from a working government, law enforcement can get away with shady and unconstitutional tactics. Since we don’t have a functioning federal government we have to deal with these shady tactics from law enforcement and hope that courts will eventually find the truth.