American Civil Liberties Union

Where would you expect to find half-a-dozen patrol cars on New Year's Eve? In Bakersfield, California, ranked in the highest ten percent of the most violent cities in America, you'd hope they'd be responding to incidents of violence and preventing murder, rape, and other violent crime. At the very least, you'd expect them to be patrolling for drunk drivers.

Not so. At least not when it comes to prioritizing such matters as "barking dogs." On December 31, 2012, the Kern County Sheriff's Department deployed six police cars and numerous officers at the behest of a resident who called for help from, well, the sounds of two small barking dogs. Her neighbor, Ruth Montaño, a Latina farm-worker, and her three American children owned the dogs.

This week a federal judge ordered a bond hearing for a woman who has been detained without due process by U.S. Immigration and Customs Enforcement (ICE) for nearly a year and a half. Bertha Mejia, a grandmother with deep family ties in California and with no violent criminal history, was classified by ICE as a “mandatory detainee” because of misdemeanor convictions for stealing groceries. That classification made her ineligible for a hearing before an immigration judge where she could present evidence that she posed no danger to the community or risk of flight—even as her immigration case dragged on for months with no end in sight.

Apparently as a result of sequester-induced budget cuts, Immigration and Customs Enforcement recently released hundreds of immigration detainees that it found were not risks either to flee or endanger public safety. The fact that these detainees were locked up in the first place confirms a startling truth about our immigration detention system: the government routinely detains people for no good reason. Even Department of Homeland Security Secretary Janet Napolitano promised to examine why these detainees were in jail, saying: "That's a good question. I've asked the same question myself...so we're looking into it."

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.