How can they just expand their own authority?
How about I just extended my authority to override theirs. Does that work the same? Why can they just claim powers from nowhere and it's just ok for some reason?
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How can they just expand their own authority?
How about I just extended my authority to override theirs. Does that work the same? Why can they just claim powers from nowhere and it's just ok for some reason?
No one is stopping them. It really is that simple.
Yep. "How did democracy die?" No ody stopped it. "How did a dictator seize power?" Nobody stopped them. "How did they get away with clearly rigging the elections?" No ody stopped them.
None of mechanisms of government, designed explicitly to stop these things, is functional right now. If they do anything, it's possible they will get away with it. You have the authority and power to do whatever you can get away with, at the most basic level.
Amid tensions over President Trump’s immigration crackdown in Minnesota and beyond, federal agents were told this week that they have broader power to arrest people without a warrant, according to an internal Immigration and Customs Enforcement memo reviewed by The New York Times.
The change expands the ability of lower-level ICE agents to carry out sweeps rounding up people they encounter and suspect are undocumented immigrants, rather than targeted enforcement operations in which they set out, warrant in hand, to arrest a specific person.
The shift comes as the administration has deployed thousands of masked immigration agents into cities nationwide. A week before the memo, it came to light that Todd M. Lyons, the acting director of the agency, had issued guidance in May saying agents could enter homes with only an administrative warrant, not a judicial one. And the day before the memo, Mr. Trump said he would “de-escalate a little bit” in Minneapolis, after agents fatally shot two people in the crackdown there.
The memo, addressed to all ICE personnel and signed on Wednesday by Mr. Lyons, centers on a federal law that empowers agents to make warrantless arrests of people they believe are undocumented immigrants, if they are “likely to escape” before an arrest warrant can be obtained.
ICE has long interpreted that standard to mean situations in which agents believe someone is a “flight risk,” and unlikely to comply with future immigration obligations like appearing for hearings, according to the memo. But Mr. Lyons criticized that construction as “unreasoned” and “incorrect,” changing the agency’s interpretation of it to instead mean situations in which agents believe someone is unlikely to remain at the scene.
Constitution? never heard of him.
Land of the “free”
They decided all by themselves that they didn't need a warrant, wrote it in an official "memo," and now that it's an official written document, it's legal.
And why shouldn't they try such a blatant attempt at creating an unConstitutional policy? They do it all the time, and get away with it. The DoJ has a standing policy that the President can't be charged with a crime. Why not? Because they said so, that's why. It's not in the Constitution, and in fact, of all people, nobody is more beholden to the law than the President. But no, they've decided he can't be arrested or charged, not even for TREASON like throwing an Insurrection.
Then there's the Hastert Rule, and the McConnell rule about not appointing SCOTUS justices in the last year of a DEMOCRATIC administration, and about a million other made-up, self-serving rules, that they all decide to live by for some reason, even when it hurts them (especially Dems).
Kill all these phony rules, and rule by the Constitution, and charge those who violate it, even presidents.
No they didn't. They told them to ignore the law. Meaning they're violating the law when they violate people's rights. That is different and will (hopefully) come to bite them in the ass if we ever return to having any sense at all in this country.
Join ICE. Start arresting other ICE members. Tell them you believe their citizenship papers and ICE paperwork are forgeries. Shoot them if they resist arrest.
Technically they just told them to interpret the law in a stupid fashion.
You can legally be arrested without a warrant if you're a "flight risk" as in fleeing the state/county/jurisdiction before a named warrant could be procured.
Now theyre telling ICE jackboots that "flight risk" means anyone that won't physically stand still in the exact spot until a named warrant can be issued.
Which is fucking insane.
With this interpretation (which is certainly not correct) it would mean that ICE could accuse anyone of being here illegally, and if they took a single step in any direction once accused, they would be able to arrest them.
I can't say this clearly enough, this is not legally sound, but the idiots running around for ICE are gonna be too dumb to know that and won't listen to anyone who tells them differently
No they are actively violating the 4th amendment by claiming that administrative warrants signed by a paper jockey in the ICE office allows them to enter the homes of people they suspect of being undocumented. This form of warrant, at best, can be used as reasonable suspicion to detain and investigate a suspect's documented status. Reasonable suspicion is well under the bar to enter someone's residence against their will. A federal court has explicitly ruled (years ago now) that they can absolutely not use administrative warrants that way, that a search warrant signed by a judge that verified that they gave probable cause for an arrest is required to enter someone's property. They are explicitly rejecting the ruling of that court and violating the 4th amendment in the process.
This is like if I said:
Ice is just really cold water
I'd be technically correct, but it would be obvious I don't really understand the specifics of what anyone was saying.
So not saying you're wrong, but...
Wow, kiss my ass.
So you don't understand things, and get angry and confrontational when it's pointed out...
If you're trying out your trump impression, you're doing well.
No, I made the original comment in this thread about how they are not expanding their legal powers as said in the post, but actually breaking established law.
You replied with some nonsense about how they arent actually breaking the law, but instead using an interpretation of the law that allows them to arrest without warrant due to being a flight risk, but are just broadly misapplying what constitutes a flight risk. None of that made any sense on the face of it becuase "flight risk" is not an exception to the warrant requirement under US law.
Instead of picking apart your comment that made no sense, I went back to explain what I meant originally about how they are using non-judicial warrants to enter homes in violation of the 4th amendment.
You then said that that my point was as pointless as saying ICE is cold water (hur dur), and implied I was stupid for, I guess, asserting my actual point instead of elaborating on yours.... which was wrong. I got angry at your baseless insult, which you have now doubled down on.
I chose at the time to not argue about your point, but since you keep insisting I didn't understand you, allow me to explain why you are simply completely wrong.
You can legally be arrested without a warrant if you're a "flight risk" as in fleeing the state/county/jurisdiction before a named warrant could be procured.
You are just wrong here. You can ALWAYS be arrested without a warrant. An officer only needs probable cause that you commited a crime to arrest you. The only time a search warrant is required to execute an arrest is if that person is in, or suspected to be in, private property that the owner or residents of do not willingly let you into. It grants them the power to enter, not to make the arrest itself (they can already make the arrest in general without the warrant).
Now there's also bench warrants that basically are a judges order to arrest an individual due to violations of court orders. Those are, essentially, just the court declaring that there is probable cause of the crime of contempt of court (or some other violation). A bench warrant does not, in itself, give anyone the right to enter their residence however. A search warrant for their address is still required.
The warrants that ICE is claiming gives them the right to enter a home are immigratiom administrative warrants that are not signed by a judge or magistrate, and are more like bench warrants. They basically tell ICE agents that the person in the warrant has probable cause against them for violations of immigration law, which can be used to execute an arrest. They are claiming that they can be used as search warrants too, and they cannot.
The only exceptions to the search warrant requirement to enter your home are for what the courts have called exigent circumstances. Those are emergency situations that necessitate an immediate need to enter the home instead of waiting for a judicial warrant. Those situations are officially recognized as being in continuous hot pursuit of someone suspected of a felony who then enters your residence (a private residence isn't "home base" in tag; they can follow you in), reasonable suspicion of imminent destruction of evidence, and reasonable suspicion of imminent threat of bodily harm to an occupant of the residence. That is it.
The only thing that being a flight risk changes is whether or not judge decides to set bail for you once arrested and charged with a crime. It has fuck all to do with their ability to enter your home. That doesn't even make sense. If you are a flight risk, that inherently means that you are at risk of leaving your home to go elsewhere. They can then just arrest you without a warrant as soon as you exit your property and enter a public space.
It is not a question of my understanding you. It is a question of you understanding the law, which you clearly do not. So, again, kiss my ass.
Some ICEhole: "Stand there and let us murder you, or you're breaking the law!"
I really hope the states start arresting these racist halo jockeys.
We won't if people don't fight for it. A lot of American history that is taught is white-washed bull shit. But one thing we were all taught that at least had the right idea behind it is that a generation must rise up to defend the freedoms that other generations have let be taken from them. The "freedom isn't free" crap that the right wingers like to say. Well, it's true, but they were never going to be the ones to defend it. Because that freedom was only an illusion in the first place and their illusion of it may never break. At least not while it is still easier to believe than it is to fight back.
We won't "return to sense" when the wealthy rulers of this country will always remain in power unless it is forcefully taken from them. Trump and his administration are not the end of this and are not the cause of it. They are inevitably result of it.
"Freedom isn't free" is a good response to any of your conservative friends or family that are going to criticize the actions of the people in the streets fighting against an unjust system of oppression that has reached its breaking point. Because, well, it's true.
Yeah, fuck that. Some fucking gestapo pig tries to arrest me without a warrant, there's gonna a problem. Don't get me wrong, I don't have any delusions. If there's a fight, I'm gonna lose. I know that. But I'm going to use every last breath in my body to make them regret it as much as possible. I'll fuck up an eye, puncture a testicle, whatever I can to make sure the rest of their lives will be at least a little shittier as a result of our encounter.
I can respect that. It's not about surviving, it's about lasting just long enough to take one or two of those nazis with us. Or at least scarring them for life.
It's about sending a message.
HIS TRUTH IS MARCHING ON!
Seriously, though, that was inspiring.
Memos aren't law. These military rejects can keep pretending they don't have to play by the rules, but it didn't work out so well for the Nazis last time.
it didn't work out so well for the Nazis last time.
After they lost. They wreaked havoc until then.
If they abduct you and disappear you without a trace, that's not really "arresting" you in the first place. It's just kidnapping. They're claiming an expansion of their power to commit kidnappings.
Can public get a memo saying ICE are kidnappers and can resist with no repercussions. Memos are legal documents apprently.
Having the potential to leave a encounter is an arrestable offense if ICE cannot get a warrant and suspects you of being undocumented.
Having the potential to leave an encounter is a capital offence according to ICE.
This is AGAINST the Law! So we MUST change the Law so it's LEGAL!
-Chuck Schumer!
The land of the free has always been a lie.