The ruling in federal court in Minnesota lands as Immigration and Customs Enforcement faces scrutiny over an internal memo claiming judge-signed warrants aren’t needed to enter homes without consent.

A federal judge in Minnesota ruled last Saturday that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment after they forcibly entered a Minnesota man’s home without a judicial warrant.

The conduct of the agents closely mirrors a previously undisclosed ICE directive that claims agents are permitted to enter people’s homes using an administrative warrant, rather than a warrant signed by a judge.

The ruling, issued by US District Court judge Jeffrey Bryan in response to a petition for a writ of habeas corpus on January 17, did not assess the legality of ICE’s internal guidance itself. But it squarely holds that federal agents violated the United States Constitution when they entered a residence without consent and without a judge-signed warrant—the same conditions ICE leadership has privately told officers is sufficient for home arrests, according to a complaint filed by Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector.

  • Soup@lemmy.world
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    3 days ago

    I see it another way: This shit would send waves of protests and anger in so many other countries but over here in the US and Canada we just shrug our shoulders and say “the law will handle this”. It clearly doesn’t, and it takes forever to get anythjng does work to show up, and the whole time it’s [not] happening no one is actually treating it as seriously as they need to.

    Minnesota should be removing ICE from the state. You talk about the law like it’s going to save anyone but they’re already there doing illegal things and Minnesota is fully within its right to tell the shove off, so where is that fight? What good are these rules if they can be ignored? What good are they if there are zero real consequences?

    Trump has dozens of felonies to his name and then he got to be the goddamn president. That entire exercise was performative so why the fuck should anyone trust anything?

    • Corkyskog@sh.itjust.works
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      3 days ago

      This shit would send waves of protests and anger in so many other countries but over here in the US and Canada we just shrug our shoulders and say “the law will handle this”.

      This comment is an insult to the thousands of Minnesotan’s out there in -10 degree weather protesting.

      • sfgifz@lemmy.world
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        2 days ago

        Thb they’re protesting to protect themselves because the ICE clearly doesn’t care whether they kill illegal aliens or citizens.

    • FauxLiving@lemmy.world
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      3 days ago

      It’s perfectly understandable to be angry and to want to see something done.

      It is not understandable to think that, just because there is anger and frustration that we can ignore the rules, laws and principals of the country that we claim to want to keep.

      If someone thinks that people should be shooting ICE officers in the street then they are an agent of chaos, not a supporter of the United States.

      This doesn’t change because there are fascists in office. If you don’t want fascists in office then vote people into congress in the midterms that can impeach and remove them because that is how our system works. The people pushing FUD and violence want people to think that this is impossible, that the only choices are that we should just give up, comply in advance or start killing people.

      It’s bullshit, it’s a pushed message that is amplified by people who have no context to understand the decisions that they’re promoting.

      There is no world where abandoning democracy and our system of government to engage in an orgy of violence is the correct path. Anyone who thinks otherwise is not on our team.

      • Soup@lemmy.world
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        2 days ago

        But that’s exactly it, isn’t it? People can, and should, elect better people into power and they shouldn’t exactly resort to violence. That said, the fact that I’m not hearing about ICE vehicles(without occupants) being lit the fuck on fire is kinda sad. And you talk about the law but it’s like I said, Minnesota’s supposed to be fairly decent, apparently, and yet the best they can do is throw a frowny fave at ICE. The law is fully on their side, they don’t need to change any laws to give themselves permission to start arresting ICE agents for all the illegal stuff they’re doing, they just refuse to do it.

        So when is the right time? Or will you, like I’ve already said, just hide away lying to yourself that the laws will actually help despite overwhelming evidence? Where’s the line in the sand?

        • FauxLiving@lemmy.world
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          2 days ago

          The first day that they disrupt elections or refuse to leave office after losing an election, that’s the red line where they are clearly and blatantly outside of the bounds of constitution are an enemy of the state illegally occupying an office and can be removed by force.

          You can’t believe in democracy and also want to throw it away as anything but an absolute last resort. Give the system every chance to work so you will be completely morally justified in what comes after.

          • Soup@lemmy.world
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            2 days ago

            So what was January 6th to you? It’s like someone missed killing someone else and your response to just tell them you got your eyes on them and will totally bring the hammer down after they finally succeed in killing someone.

            Maybe it’s just the US’s belief that what they have is normal and cool, but even what is considered normal there is insanity in many other places. The system has had so many chances, and yes I still agree that it does not need to be completely obliterated, but at some point you cannot sit there waiting for the worst outcome before acting. The country has been utterly desensitized to incredibly heinous acts, to the point where they see ICE murdering people in the streets and that’s still not too far for many of them.

            For examle: 99% of what Fox News says is straight-up lies, libel, fraud, bullying, incitement to violence, and good ol’ fashioned hate-speech. It’s not throwing out the legal system and trampling on their free-speech to want to see the entire organization persecuted for the damage they’ve caused.

            • FauxLiving@lemmy.world
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              2 days ago

              So what was January 6th to you? It’s like someone missed killing someone else and your response to just tell them you got your eyes on them and will totally bring the hammer down after they finally succeed in killing someone.

              They failed and we sent thousands of people involved in the conspiracy to prison. Elsewhere the systems of elections and government withstood every attempt the Trump administration to change things. The systems worked.

              You’re promoting the idea that those system are going to fail and therefore we should not even try and, instead we should <vague plan, but violence>.

              There is no evidence of that outside of the incessant fear mongering on social media that you are taking part in.

              The Judicial system has restrained Trump time and time again and the only reason there are not more widespread rulings is because the only entity with standing to sue the administration (the Legislative branch) is being held paralyzed by a very tiny group of people in Congress and those people are up for re-election.

              Those people can be voted out and Congress has both the standing to sue and compel the Executive branch via court orders and the ability to impeach and remove Executive or Judicial branch members.

              Let’s hear your plan, take me through the steps of how you see this issue solved in a way that is more sure than the system that we’ve used for centuries.

              • Soup@lemmy.world
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                19 hours ago

                I keep saying trying is something that should still be done, so not really sure where you’re getting that, though yes I agree that I’m not convinced that the US’ bar is high enough.

                Honestly, the simple fact is that the US is deeply fucked and got that way partly because the population, in general, supported that Quiet Peace™. Peoplentoo afraid to stir the pot, too afraid to get temporarily uncomfortable for a longterm gain. Decades and decades of centrists and people desperate to appear “moderate” without ever really defining that term. You talk about how strong the system is yet Trump has faced zero consequences for all his delays, his felonies, and impeachments against him have gone nowhere. Look at how hard the system had to work to get even what you claimed, and look at how easily many of the Jan 6 protesters where pardoned, and tell me withba straight face that system is moderately healthy and just needs small changes to set it all right.

                I don’t have much to say against the people who didn’t vote for Kamala. The Democrats are largely totally ok with what the GOP is doing and they keep letting them off with nothing more than a frowny face. Harris cared so much about the country that after losing she simply disappeared and wrote a book about it. Her win wouldn’t have put the country back on track, but sending a strong message to the Democrats that being center-right is not an alternative to fascism would have certainly been a start. And we can see with Mamdani that they don’t want to hear that message, but it makes it louder.

                The US has been like this the whole time, it’s a core issue not a sudden surface blemish that can whisked away. The only difference is that now even white people are getting to experience what it’s been like for everyone else. The solution is not going to be comfortable, whatever that ultimately means, and you need to let go of that idea so that you’re not blocking change either with your vote or something else.

      • sfgifz@lemmy.world
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        2 days ago

        This is exactly how you lose everything. Trying to upload rules that only you believe in.