Social New Mexico Militia detains 200 illegals at Gunpoint

[Cubo de Sangre]

I wouldn't be out there, but I support those who are.

 

[Starman]

We’ve already got a thread dedicated to these heroes.

https://forums.sherdog.com/threads/new-mexico-militia-detains-200-illegals-at-gunpoint.3948173/

 

[Seano]

If it were my land, sure. I've kicked people off my property plenty of times.

 

[IGIT]

It's illegal

hey Limbo,

it doesn't seem sanctioned by the government, no.

The governor of New Mexico, Michelle Lujan Grisham, said in a statement that it was “completely unacceptable” that migrant families “might be menaced or threatened in any way, shape or form when they arrive at our border.”

“It should go without saying that regular citizens have no authority to arrest or detain anyone,” she added.

In a statement, Hector Balderas, New Mexico’s attorney general, said: “These individuals should not attempt to exercise authority reserved for law enforcement.”
https://www.nytimes.com/2019/04/18/us/new-mexico-militia.html?action=click&module=Top Stories&
pgtype=Homepage

- IGIT

 

[AlexDB9]

It's illegal

Illegal cancels out the illegal

 

[AlexDB9]

Seriously though if this isn’t a major crisis then I don’t know what will have to happen to change people’s minds.......

 

[JonesBones]

That is exactly what should happen and would happen in real countries like China.

 

[HockeyBjj]

Unless the illegals were trespassing, I don't see how this isn't illegal unlawful detainment and they're in some serious trouble.

Or is this covered under the rarely used citizen's arrest laws?

I understand what they're trying to do, but this has all the chances in the world of going horribly wrong. If they're choosing to do this, I hope they're prepared to deal with the consequences and not cry about it when the book gets thrown at them.

 

[*Z*]

Illegal cancels out the illegal

Except it's not actually illegal to seek asylum.

 

[Fedorable]

It's illegal

how?

 

[AlexDB9]

Except it's not actually illegal to seek asylum.

Ahhh hate to break it to you but they’re supposed to seek asylum at the next country they pass...that’s the actual law. People leap frog 3-4 countries to get here so you do the math

 

[Limbo Pete]

They may be able to get away with patrols, or stopping a theft, and things like that. But this is just an atrocity waiting to happen.

Yup
Detaining people at gun point is a bit of a no no lol

 

[Whippy McGee]

This is 100% legal.

They have the right to be armed. They have the right to detain someone breaking the law until authorities arrive.

Good on them. If these were "asylum seekers", then why did they cross illegally? Go to a Port of Entry and quit abusing our sovereignty.

 

[WhiteMousse]

Isn't it illegal to hold someone at gunpoint unless you are under direct threat?

But then again they're actually upholding the law because nobody else will.

Bizarre situation if I've ever seen one. Breaking the law to uphold the law. But the law does need to be upheld and those who should won't.

 

[JamesRussler]

What is the legal situation there?

It depends where they were (e.g., on federal property, private property, or New Mexico State property). If it's federal property, there are laws that restrict carrying firearms. See 36 C.F.R. §2.4. If it's private property, they may be trespassing. It also depends on whether they were wearing uniforms to give the appearance of official law enforcement, because impersonating an officer is a crime.

However, under NM law, a person may arrest another upon good-faith, reasonable grounds that a felony had been or was being committed, or a breach of the peace was being committed in the person’s presence. State v. Johnson, 930 P .2d 1148 (N.M. 1996). Also use of deadly force is permitted when there is a “reasonable ground” to believe that there is an imminent danger of an injury to another, or when “necessarily committed” in attempting to apprehend a person who one witnessed committing a felony, or “in necessarily and lawfully keeping and preserving the peace.” N.M. Stat. Ann. §30-2-7. There is a very strong argument that these are lawful citizens' arrests. Even if they were charged, it would be tough to get a conviction. I personally wouldn't convict any of them.

 

[Fedorable]

Unless the illegals were trespassing, I don't see how this isn't illegal unlawful detainment and they're in some serious trouble.

Or is this covered under the rarely used citizen's arrest laws?

I understand what they're trying to do, but this has all the chances in the world of going horribly wrong. If they're choosing to do this, I hope they're prepared to deal with the consequences and not cry about it when the book gets thrown at them.

i assumed they were trespassing in the USA coming across the border.

 

[Ophydian]

Unless the illegals were trespassing, I don't see how this isn't illegal unlawful detainment and they're in some serious trouble.

Or is this covered under the rarely used citizen's arrest laws?

I understand what they're trying to do, but this has all the chances in the world of going horribly wrong. If they're choosing to do this, I hope they're prepared to deal with the consequences and not cry about it when the book gets thrown at them.

Exactly. All that needs to happen is a few illegals to resist and there be an incident.

 

[Rational Poster]

This is 100% legal.

They have the right to be armed. They have the right to detain someone breaking the law until authorities arrive.

Good on them. If these were "asylum seekers", then why did they cross illegally? Go to a Port of Entry and quit abusing our sovereignty.

Unless it is their land or they were be directly threatened they have no right to hold strangers at gunpoint.

But from the sounds of things they were armed and looking for this exact sort of trouble.

 

[Whippy McGee]

Unless it is their land or they were be directly threatened they have no right to hold strangers at gunpoint.

But from the sounds of things they were armed and looking for this exact sort of trouble.

Not true.

Any American can enact a Citizens Arrest on someone breaking the law and detain them until law enforcement arrives. You are talking out of your ass again.

They are not looking for "trouble". They are legally looking for people breaking U.S. law and trashing our national sovereignty. That is called being a patriot.

 

[Rational Poster]

Not true.

Any American can enact a Citizens Arrest on someone breaking the law and detain them until law enforcement arrives. You are talking out of your ass again.

They are not looking for "trouble". They are legally looking for people breaking U.S. law and trashing our national sovereignty. That is called being a patriot.

That's not how citizen's arrests work.