- Joined
- Jun 18, 2018
- Messages
- 76,404
- Reaction score
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- Political Leaning
- Progressive
"Federal officers are fanning out across the country, conducting raids, traffic stops, even scooping people up at courthouses when they appear for immigration hearings and carting them away in leg irons and shackles — harsh treatment that you seldom see even when felons are arrested. This heavy-handedness and cruelty isn’t a glitch — it’s intentional, as Secretary of the Department of Homeland Security Kristi Noem and Tom Homan, President Trump’s border czar, attempt to frighten immigrants into leaving the country. Even legal residents and American citizens are getting caught up in the crackdown.
And the worst part is, while things like barging into a congressman’s office and detaining his staffers aren’t legal, there is nothing anyone can do about it. If Immigration and Customs Enforcement agents force their way into your house without a warrant, slap you around and detain your family at gunpoint while conducting an illegal search, you have no way of getting your constitutional claims into federal court. As a practical matter, these agents are above the law and cannot be held accountable for violating your constitutional rights.
...in 1971, in a case called Bivens v. Six Unknown Fed. Narcotics Agents, the Supreme Court created what is known as a “Bivens action” as an analogue of section 1983, giving individuals the right to sue in court when their Fourth Amendment rights were violated under color of federal law. Since then, the Supreme Court has been reluctant to extend the reach of Bivens, ultimately holding in 2022 that no one could ever bring a legal claim for excessive force — or any constitutional claim — against a federal officer enforcing immigration laws.
...Unchecked by the courts, ICE’s behavior will only get worse over the next three and a half years. Even the most well-meaning bureaucracies are subject to mission creep, so you can expect Noem’s troops to expand their activities well beyond detaining immigrants. The Homeland Security officers who invaded Nadler’s office were hunting for protesters, and Homan has already threatened state officials and even members of Congress with arrest for “interfering” with ICE."
Link
Trump's Brown Shirts.
And the worst part is, while things like barging into a congressman’s office and detaining his staffers aren’t legal, there is nothing anyone can do about it. If Immigration and Customs Enforcement agents force their way into your house without a warrant, slap you around and detain your family at gunpoint while conducting an illegal search, you have no way of getting your constitutional claims into federal court. As a practical matter, these agents are above the law and cannot be held accountable for violating your constitutional rights.
...in 1971, in a case called Bivens v. Six Unknown Fed. Narcotics Agents, the Supreme Court created what is known as a “Bivens action” as an analogue of section 1983, giving individuals the right to sue in court when their Fourth Amendment rights were violated under color of federal law. Since then, the Supreme Court has been reluctant to extend the reach of Bivens, ultimately holding in 2022 that no one could ever bring a legal claim for excessive force — or any constitutional claim — against a federal officer enforcing immigration laws.
...Unchecked by the courts, ICE’s behavior will only get worse over the next three and a half years. Even the most well-meaning bureaucracies are subject to mission creep, so you can expect Noem’s troops to expand their activities well beyond detaining immigrants. The Homeland Security officers who invaded Nadler’s office were hunting for protesters, and Homan has already threatened state officials and even members of Congress with arrest for “interfering” with ICE."
Link
Trump's Brown Shirts.
