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Notes -
ICE arrests superintendent of Iowa's largest public school district
The Immigration and Customs Enforcement agency arrested Ian Andre Roberts, who is the superintendent of the Des Moines (IA) public school district. If you've been following along with this aspect of the culture war, you probably figure he was arrested for abetting or protecting a student or faculty or staff member from them. But no; the guy is, according to ICE here illegally and was given a final order of removal in May 2024. ICE is strongly implying he never had any work authorization beyond a long-since-expired student visa. It seems to me pretty bold for someone here without work authorization to be in such a high-profile position. Even more surprising for him to be hired; the district claims to have done a background check on him; you would think this would result in them finding out he was not authorized to work and not being hired. Someone screwed up there.
Other aspects are that he had a weapons possession charge in Pennsylvania from 2021, but this was a pissant ("5th degree summary offense") thing about having his deer rifle on his seat still loaded. More serious is that he fled the ICE agents when stopped; his car was found with a loaded handgun, a hunting knife, and $3000 in cash. I don't much care about the illegal-alien-in-possession aspect; making a whole range of normal activities super-illegal based on a status offense is a tyrant's trick. But fleeing certainly seems to indicate a guilty mind rather than some sort of error or misunderstanding on ICEs part.
At first I thought they might have the wrong guy; there's an Ian Andre Roberts from Guyana who competed in the Olympics. But no, that's actually the same guy.
On reddit, /r/desmoines is up in arms... about the arrest, of course, not about the school district hiring a guy with no work authorization.
Iowa is a constitutional carry state.
What percentage of men have hunting knives in their car? 100%? I've had some sort of knife on my person at all times where it was legal and practical since I was like 12 years old. A pocket knife is as much a part of my pants as my wallet is.
$3000 cash? Who cares?
If you pulled me over and tried to write this story about me it would be like: "man found with a loaded handgun (normal where I live), multiple tactical knives (a leatherman in my pocket, and the one that fell between the seats and I never found), spotting equipment (binoculars I keep in the glovebox for monitoring the situation), and hundreds of thousands of dollars of untraceable cryptocurrency (my coinbase account viewer on my phone).
I hate that this is highlighted on these stories.
The story here is: illegal immigrant given job as head of DMPS. Apparently the weapons charge he had was bad enough that he was given a deportation order by the Biden administration in 2024. Maybe that was a legit gun charge?
"Had gun in car" is a pointless non-fact.
The earlier weapons charge anyone has been able to find is a penny-ante summary offense about having a loaded deer rifle on the seat of his parked car. It's not clear whether that charge had anything to do with his deportation order, nor whether that is the February 5, 2020 weapons charge that ICE is claiming exists. ICE is implying he last entered the US in 1999 on a student visa, but this clearly isn't the case since he competed in the Sydney, Australia Olympics in 2000. It does seem clear that either ICE has screwed up big time, or Des Moines Public Schools has.
Not aware of the law here: what's the legal status of illegal immigrants possessing firearms? IIRC In theory it was at least an ITAR issue for dumb reasons ("export") until the first Trump term when regular ol' guns left that list.
Federally speaking, there's a specific statute prohibiting possession (or sale to) to illegal aliens, or to legal aliens on non-immigration visas (with a tiny number of exceptions not relevant here):
The ATF has taken an unusually even-handed approach to this matter and does not consider the bare possession charge to apply to nonimmigrant aliens (though they can only purchase lawfully from private sellers), but it defines those who have overstayed their visa as specifically not in nonimmigrant status.
Theoretically speaking, this only applies to firearms or ammunition which has been shipped or transported in interstate/foreign commerce, but I wouldn't be my dog's life on the ATF making a distinction.
In practice, prosecutions are rare.
Constitutionally speaking, there's been some recent cases about how much the illegal immigrant must know that they are illegal, (caveat: I can't find if he was retried; the man was almost certainly guilty under the new standard of proof, but that doesn't always mean much). The prohibition itself hasn't made it to SCOTUS, but it's been pretty universally upheld by appeals courts. Some states prohibit possession by even federal-permitted lawful aliens (or even non-citizen US nationals), and those are on sketchier constitutional ground in my opinion, but they've also been difficult to challenge for procedural reasons.
Thanks!
I wonder what that means for the legality of the "I am visiting the US and want to shoot a gun" folks. I've seen billboard ads for "shoot a machine gun" in at least Vegas and some red-state cities.
I guess that might not be legal "possession", though.
One of the nonimmigrant visa tiny exceptions is :
It's... much easier to argue for recognized sports or permitted hunting than for machine gun tourism, though I'm not aware of any prosecutions in either case.
"Why yes officer, there is a bullseye downrange somewhere. It's very rare one of our new shooters actually hits it, though."
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