姓名 : 邱科翰
班級 : 政一B
學號 : 07114248
[標題] Militia detains migrants at gunpoint along the US-Mexico border
[內文] A video has emerged of armed right-wing militia members stopping over 300 migrants as they cross the Mexico border into the US state of New Mexico.
The group calls itself the United Constitutional Patriots, and are seen in the Facebook clip standing over migrants sitting on the desert ground.
The group's actions have been condemned by civil liberties groups and New Mexico state officials.
The militia supports President Donald Trump's plan for a border wall.
The incident comes amid a spike in border crossings, despite White House efforts to stem the influx.
What does the video show?
The video, posted to militia member Jim Benvie's Facebook page, shows a large group of migrants who were said to have just crossed the border near Sunland Park, New Mexico, being detained by the armed vigilantes on 16 April.
The migrant group, which contains many women and children, are seen sitting and squatting in the darkness and squinting up into the militia's spotlights.
Before Border Patrol agents arrive to take custody of the migrants, a woman narrating the video tells a man who appears to be a militia member "don't aim the gun" in the direction of the families.
Mr Benvie, a spokesman for the United Constitutional Patriots, told the New York Times the group has been camping in the region for the past two months and plans to stay until Mr Trump succeeds in building his controversial border wall.
"If these people follow our verbal commands, we hold them until Border Patrol comes," Mr Benvie said, describing the interaction as a "citizen's arrest".
"Border Patrol has never asked us to stand down," said Mr Benvie, who is visiting the region from his home state of Minnesota.
What's the reaction?
New Mexico Governor Michelle Lujan Grisham said in a statement that the vigilantes had no legal right to stop anyone inside the US.
"If migrant families are made to feel threatened, that's completely unacceptable," she said.
"And it should go without saying that regular citizens have no authority to arrest or detain anyone."
New Mexico Attorney General Hector Balderas warned in a statement that "these individuals should not attempt to exercise authority reserved for law enforcement".
The American Civil Liberties Union described the group as an "armed fascist military organisation" in a letter to the governor and attorney general.
"The Trump administration's vile racism has emboldened white nationalists and fascists to flagrantly violate the law," they say.
"This has no place in our state: we cannot allow racist and armed vigilantes to kidnap and detain people seeking asylum. We urge you to immediately investigate this atrocious and unlawful conduct."
US Customs and Border Protection has previously said they are opposed to civilians patrolling the border in search of illegal crossers.
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[相關憲法條文]
憲法第八條 : 人民身體之自由應予保障。除現行犯之逮捕由法律另定外，非經司法或警察機關依法定程序，不得逮捕拘禁。非由法院依法定程序，不得審問處罰。非依法定程序之逮捕、拘禁、審問、處罰，得拒絕之。
人民因犯罪嫌疑被逮捕拘禁時，其逮捕拘禁機關應將逮捕拘禁原因，以書面告知本人及其本人指定之親友，並至遲於二十四小時內移送該管法院審問。本人或他人亦得聲請該管法院，於二十四小時內向逮捕之機關提審。法院對於前項聲請，不得拒絕，並不得先令逮捕拘禁之機關查覆。逮捕拘禁之機關，對於法院之提審，不得拒絕或遲延。
人民遭受任何機關非法逮捕拘禁時，其本人或他人得向法院聲請追究，法院不得拒絕，並應於二十四小時內向逮捕拘禁之機關追究，依法處理。
憲法第七十七條 : 司法院為國家最高司法機關，掌理民事、刑事、行政訴訟之審判及公務員之懲戒。
憲法第 137 條 : 中華民國之國防，以保衛國家安全，維護世界和平為目的。
國防之組織，以法律定之。
憲法第 138 條 : 全國陸海空軍，須超出個人、地域及黨派關係以外，效忠國家，愛護人民。
憲法第 139 條 : 任何黨派及個人不得以武裝力量為政爭之工具。
憲法第 140 條 : 現役軍人不得兼任文官。
[相關法條]
國防法第 3 條 : 中華民國之國防，為全民國防，包含國防軍事、全民防衛、執行災害防救及與國防有關之政治、社會、經濟、心理、科技等直接、間接有助於達成國防目的之事務。
國防法第 24 條 : 總統為因應國防需要，得依憲法發布緊急命令，規定動員事項，實施全國動員或局部動員。
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心得評論：
So, militias and law enforcement. Not exactly a problem in Taiwan, yet an interesting dispute in the United States. While it is, of course, illegal to detain anybody unless authorised by law, militias have their rightful, legal status under the US Code. It is technically legal, under a state of emergency or otherwise ordered, to call citizens to arms. US legislation also didn’t deny ordinary citizens the right to conduct armed patrol. Thus, part of this action done by the UCP is legal, at least on paper. Yet the authority to arrest or detain anyone is explicitly reserved for law enforcement, which ultimately, made the acts illegal .
Same goes for Taiwan. As our government is more centralised than the US, the Judiciary holds all legal rights to detain people. And since our law enforcement is more restricted in its code of conduct, even arrests cannot be easily made. The Constitution also states clearly that the central government holds all authority over armed force, and while Taiwan technically has a militia, its role is often limited to non-armed duties. Add in the fact that Taiwanese can’t “bear arms” unless specific conditions were met, it is very unlikely that cases like this would ever take place. One thing to note is that the authority to mobilise citizens belongs to the executive, and such authority is largely exempt from legislative oversight. Whether or not this power could or should be “balanced and checked” is one worth the debate.
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