Immigration Agencies Are Openly Defying Federal Courts

Posted by abrownbear 4 days ago

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Comment by abrownbear 4 days ago

As always, the most important aspect of this story is scale: "Given the scale of the deportation agencies, there is simply no way for legal responses to keep pace with the lawless mass lockup. Unlike ICE, the habeas bar did not receive a multi-billion dollar investment to underwrite limitless expansion."

Comment by mgrat 4 days ago

DHS has become what actual conservatives were worried about during its creation - super federal power without balance. There exists precedence within the US: the military. They are granted extraordinary powers at the discretion of civilian government. It employs Officers to manage it across branches, they are paid well, and their employ is terminated if their charges fail. If boots on the ground fail there is the UCMJ, which is quite happy to hold you accountable under 'conduct unbecoming' if any of the specific laws don't happen to pertain to you. The JAG handles prosecutions and you are judged by your peers.

In the case of federal law enforcement, I'd recommend they be generally charged with upholding specific general orders and tactics approved by congress. Make the statute of limitations 9 years. The jury should consist of federal law enforcement for fairness. But ultimately make them accountable to a specific federal justice system like the military does. Will all the wrongs be made right in real time - no. Will there be instant justice - no. It would hold people accountable, there would be a chance for someone to go to law school to right some wrongs.

Comment by corygarms 4 days ago

I assume the 9 years here is to ensure two-term presidents will have vacated office?

Comment by mgrat 4 days ago

Correct - and incoming POTUS will have to use up political capital to do so.

Comment by tomwheeler 4 days ago

This is insufficient, since the 22nd amendment only limits the number of terms to which a president can be elected. A president can legally serve longer than that.

For example, consider a president who dies in office a few days into the term. The VP becomes president, serves out the remainder of that four-year term and then be elected for two more terms. The statute of limitations would therefore need to be 12 years or more to have the desired effect.

Comment by eigen 3 days ago

> For example, consider a president who dies in office a few days into the term. The VP becomes president, serves out the remainder of that four-year term and then be elected for two more terms

text of the 22nd amendment covers that. serving more than 2 years of someone else's term means you can only be elected once.

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

Comment by AnimalMuppet 4 days ago

Nope. If the VP becomes president and serves longer than two years, then he can only be elected once.

Comment by grumio 4 days ago

They should be seen in a normal court like the rest of us peasants.

No star courts.

Comment by mgrat 3 days ago

Not arguing for star courts. The UCMJ is a supplement to civilian courts, but applies additional levers. I am arguing that a similar system be applied to federal LEO. Right now they are only beholden to the civilian system. How is that going? Even if the administration prosecuted ICE for murder, it'd just get chucked out of federal court. All the 'officer' would have to do is not enter the state again.

Comment by grumio 2 hours ago

I'm taking a charitable interpretation of your take for sure. I do see the value of additional levers, but I don't think realistically it would be feasible to make such a court.

Counter-point: I don't think Chauvin would've been brought to justice if he were tried in some kind of cop-court.

I'm open minded though, I appreciate your perspective, gave me food for thought.

Comment by frogperson 4 days ago

Constitution be damned, because someone, somewhere needs to make a profit.

I really wish it wish it was possible to trigger a re-call vote for congress, the senate, potus, and the supreme court.

Comment by vfclists 4 days ago

Could this be the results of incentivization by the Prison Industrial Complex, where ICE has become a useful tool for it?

Comment by wyldfire 4 days ago

I think this comment denies the reality that we see in Minneapolis. It's not merely some corporate boss who says "yes I know there's a court order but we are making tons of dough here!" It's the individuals themselves who opted to work for ICE who believe that their mission supersedes justice as meted by courts.

They see the former world order as not equipped to handle the "reality" of a "legalized invasion." So they think they are just in restoring hierarchy between Whites and Others. They are whipped up by a cult of personality and the leadership within the administration is just like them.

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Comment by genuinecrius0a 4 days ago

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