A federal court in Southern California has ruled that ICE agents cannot rely solely on race or language to detain individuals, citing violations of the Fourth and Fifth Amendments. The court’s temporary restraining order follows a lawsuit and mandates that officers must have a reasonable suspicion of a violation of immigration law before stopping someone. This decision, while specific to the Central District of California, curtails ICE’s practices of targeting individuals based on ethnicity or location and denying them access to legal counsel. The ruling underscores that racism is not a valid basis for reasonable suspicion, and prevents ICE from continuing its previous practices.
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A leaked internal memo reveals the Trump administration authorized warrantless home entries by ICE agents to apprehend suspected members of the Venezuelan gang Tren de Aragua. This action, ordered by Attorney General Bondi, cited the impracticality of obtaining warrants for swift removals under the invoked Alien Enemies Act of 1798. Subsequently, over 200 Venezuelans, including individuals without criminal records, were deported, prompting lawsuits from the ACLU alleging Fourth Amendment violations. The legality of applying the Alien Enemies Act in the absence of declared war or invasion is heavily contested.
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In October 2017, FBI agents mistakenly raided Trina Martin’s home, causing significant trauma to her, her boyfriend, and her son. Martin subsequently filed a lawsuit against the government, but a federal judge and appeals court dismissed it, arguing courts shouldn’t second-guess police “honest mistakes.” The Supreme Court will now decide whether the Federal Tort Claims Act allows such lawsuits against the government for wrong-house raids, a question with conflicting precedent across different circuit courts. The case highlights the need for clarity on holding law enforcement accountable for such errors.
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In a memo obtained by USA Today, the Justice Department authorized ICE to conduct warrantless searches of homes suspected to harbor “alien enemies,” invoking the Alien Enemies Act. While warrants are preferred, the memo acknowledges practical limitations in swiftly apprehending such individuals. This authorization permits ICE agents to enter residences to apprehend suspected alien enemies if obtaining a warrant beforehand is deemed impractical, for example, during other enforcement operations. The power is contingent on a reasonable belief that the individual meets all four criteria for classification as an “alien enemy.”
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Trump’s attempt to utilize the Alien Enemies Act of 1798 to permit federal agents to enter homes without warrants represents a deeply troubling development. This obscure 18th-century law, invoked only three times in history—all during major wars—is now being considered as a potential loophole to circumvent fundamental constitutional rights. The act’s wording, allowing its use under a “warrant of a president,” presents a frighteningly broad interpretation of executive power. This interpretation opens the door to presidential authority to order warrantless searches, effectively bypassing the judicial branch’s crucial role in safeguarding individual liberties.
This action directly contradicts the core principles of the Fourth Amendment, which protects individuals from unreasonable searches and seizures.… Continue reading
A Dallas judge rejected Attorney General Ken Paxton’s attempt to block Proposition R, which decriminalizes up to four ounces of marijuana in the city. This follows similar lawsuits filed by Paxton against Austin, San Marcos, and Denton, all of which were unsuccessful. Proposition R, passed overwhelmingly by Dallas voters, prevents police from using the smell of marijuana as probable cause for searches. The case will proceed to trial on August 11th. Supporters argue the proposition addresses the disproportionate criminalization of minority residents for marijuana possession.
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Following Tom Homan’s attacks on Rep. Alexandria Ocasio-Cortez, accusing her of illegally instructing constituents on evading ICE arrest via a webinar, Ocasio-Cortez defiantly challenged him to pursue an investigation. She maintains her actions were within her legal and representative duties to educate her constituents on their Fourth Amendment rights. Homan’s requests to the Justice Department for an investigation into Ocasio-Cortez’s webinar stem from a larger political conflict between the White House and New York City. Ocasio-Cortez’s office provides resources to constituents regarding their rights when encountering ICE agents, a practice she firmly defends.
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Following a “Know Your Rights With ICE” webinar hosted by Rep. Alexandria Ocasio-Cortez, former ICE Acting Director Tom Homan suggested the DOJ investigate potential interference with immigration enforcement. Ocasio-Cortez countered by highlighting the Fourth Amendment and her right to educate constituents. Homan subsequently labeled Ocasio-Cortez as the “dumbest congresswoman ever elected,” prompting a sharp rebuttal from the congresswoman emphasizing the weakness of his accusations. This escalating feud underscores the ongoing tensions surrounding immigration enforcement and the rights of individuals during such actions.
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ICE agents conducting door-to-door sweeps in Colorado have understandably left many residents feeling apprehensive and on edge. The sheer scale of these operations, involving dozens of agents in full tactical gear, has raised serious concerns about the tactics employed and the potential for overreach. The visual impact alone—agents clad as if preparing for a military operation—is unsettling, and contributes to a climate of fear.
The lack of transparency surrounding these actions only exacerbates the unease. The refusal of ICE officials to grant access to certain news outlets during a press briefing raises questions about accountability and the public’s right to know.… Continue reading
As a retired Air Force Master Sergeant, the recent news of a Florida deputy fatally shooting Senior Airman Roger Fortson in his own apartment hits close to home. The deputy allegedly entered Fortson’s apartment, failed to announce themselves, and shot the young airman, all because he believed he was in the wrong apartment. It is a horrifying realization that a law enforcement officer can enter your home, unannounced and itchy on the trigger, and take your life without facing immediate consequences.
The lack of accountability in situations like these is deeply troubling. The deputy in question has been placed on paid administrative leave, which seems more like a reward than a punishment.… Continue reading
John Q. Hosedrinker 
Matt Underwood