Just to provide some context for people, to remind people why Trump has made ICE and CBP act so aggressively, why they have been so rushed and sloppy, why the standards have dropped so much in terms of expectations for agents and what training they undergo, it started with this.
While campaigning, President-elect Donald Trump promised “On day one, I will launch the largest deportation program of criminals in the history of America.” He referenced 1954’s “Operation Wetback,” an effort ordered by President Dwight D. Eisenhower. Government estimates showed more than a million mostly Mexican immigrants and some U.S. citizens were rounded up. The program got its official name from a racist term for Mexicans who swam or waded across the Rio Grande.
He also said he would use the Alien Enemies Act of 1798 to precipitate the removal of undocumented migrants from the U.S. and “dismantle every migrant criminal network operating on American soil” at an Oct. 25 campaign rally.
Since then, we have seen them deport people who had been granted asylum in the country, ignore legal documentation proving citizenship, attempt to take over the National Guard to terrorize Democrat-run cities, murder protestors in Minneapolis, use deadly force against others that were suspected of being undocumented, and violate multiple parts of the US Constitution repeatedly. They are even drawing bipartisan criticism for trying to ignore or suspend the Second Amendment.
When Trump announced this, I didn’t think it was possible. I still don’t think it is. I didn’t realize what a nightmare it would create in the attempt, however.
I wanted to create this thread so that we can look at the consequences of his promises during the 2024 campaign run to fight the “border crisis” (a crisis largely invented by Republicans to scare people into voting for them), and how that is so badly harming this country and causing such extensive backlash.
Top-down leadership is the most common leadership style in organizations in the United States. It involves an “autocratic” approach in which major decisions on the direction, strategy, and actions of a company are made at the highest levels, with employees given tasks to complete.
Dictating, by decree, that you have that kind of numeric apprehension/detention/deportation goal (and we can safely assume the rest of this thought is spot-on) without anybody doing anything even remotely resembling … homework – eg,
Where are we setting the bar for ‘worst of the worst?’
How many of these people are in the country undocumented?
Do we know their whereabouts?
What would it take to detain them?
What’s our tolerance for false positives?
What does our PR program look like? How will we inform, and sell this to, the public? States? Cities? Immigration rights orginizations?
What are the rules of engagement?
Must/should they receive due process first?
Do we have arrangements with their country of origin for their return?
What will this cost?
Is funding available and allocated? (Well and properly trained) Personnel? Facilities? Logistics?
I remember when Ross Perot ran for President. Among my chief concerns was that he had an autocrat’s personality, and probably didn’t hear “No” very often.
God, I miss him. He was “wrong within normal parameters” (and ‘all ears’).
U.S. District Judge Jerry Blackwell said he called Tuesday’s hearing to remind ICE and other federal agencies they are not above the law.
Big picture view:
“Some of this is of your own making because of non-compliance with orders,” Blackwell said.
Blackwell expressed frustration that people with no criminal records are being wrongfully detained even after judges have ordered their immediate release.
He said there are too many detainees and too many cases in the ongoing immigration operation that is clearly outpacing the logistics.
I have a tiny bit of sympathy for some of the people just trying to do their jobs, but no sympathy for the agencies as a whole ruining lives and breaking laws to meet insane political goals.
I’m given to understand that the entire focus is on meeting the number. That means easy catches like people showing up for hearings including legitimate asylum claimants, people in state jails/prisons, and just racially profiling which means actual citizens might count towards the day’s bounty.
There also appears to be some questions about folks profiting from the ‘catch’ before the ‘release’.
Not that it should be surprising that folks have figured out a way to legally grift off of this outrage.
This all shows what evil things performance measures are. Upper management decides that middle management should establish performance goals so they make up numbers. Lower management then has to devote all their energy to meeting often unrealistic goals so that middle management can look good to upper management.
You can use that aggression against them. In Maga’s mind, I’d think it has gone full circle when two latino agents murder a disarmed white guy with his hands up.
That’s interesting and also an obvious outcome of intentionally overwhelming the system with BS arrests/detentions. Here is more remarks from the prosecutor (that got fired for the remarks) on why she could not comply with the Judge’s order to release the detainee:
“What do you want me to do?” Ms. Le asked the judge at one point. “The system sucks. This job sucks. And I am trying every breath that I have so that I can get you what you need.”
“Fixing a system, a broken system,” she went on, “I don’t have a magic button to do it. I don’t have the power or the voice to do it. I only can do it within the ability and the capacity that I have.”
We’ve discussed in another thread that the arrest is the point. The system is broke on purpose. Now it appears there is not enough lawyers or staff on the detainment side, probably on purpose, to effectuate a release pursuant to a Judge’s order. What can legally be done?
At the heart of it all is always a separation of powers struggle. It just depends how much the Judicial branch wants to fight/stick up for their powers. The Judge has some power here, it’s not used much as far as I know, but it does exist.
Fine the Gov’t
Order the US Marshals to effectuate the release (enforce the Court Order) since ICE is not doing it
Make a criminal referral - if the DOJ is conflicted in charging it, and they would be, the Judge can appoint a neutral prosecutor
Send the case up the chain to the appellate court/Supreme Court that says there is a clear separation of powers violation - help me enforce it.
Usually this doesn’t happen because it all stops when the person gets released and when Judge’s make a big deal/threat people usually get released. This prosecutor though, who seems well meaning, just can’t get it done.
They presumably have enough staff to lock a door, or they couldn’t detain people in the first place. Therefore they must have enough staff to unlock it.
ETA: if the staff is refusing to listen to Ms. Le, that’s a separate issue; and it may well be a broken on purpose issue. But I don’t believe they haven’t enough staff to let somebody loose.
But I think it’s more than just outright refusal. That gives ICE a level of competence that I don’t think exists.
What I’m hearing from that attorney, who I now can’t tell whether she works for DOJ or not, is that talking to that other department (ICE), is like me trying to cancel my cable. Who do I speak with to get this done?!? Partially summed up here:
“We have no guidance or direction on what we need to do,” Le said.
Late: I don’t think any agency has violated this many court orders in such a short time. Nor is ICE used to being in front of federal judges.
I did hear one recent tale concerning a small business unit (that I do not want to name) in metro Minneapolis that lost three of eleven employees – two to deportation and one to resigning due to fear. Some production activity was quickly moved out of state.
They’d have to know who to let go, and it would be in keeping with their past behavior to simply not bother with keeping records of who is kept where. Doing it that way would let them avoid having to release people when ordered because they wouldn’t be able to find them; like the way the last time Trump was in office they separated parents and children without keeping any records, ensuring that they couldn’t be reunited.
Trump and company like breaking things in unfixable ways.
I remember many years ago that I worked for a company that had a policy of automatically deleting emails after a month. That way they’d have plausible deniability if anyone ever wanted to subpoena their emails in a lawsuit. “Sorry, we don’t have any to give you, too bad.”
Then the courts started putting heavy fines in the millions on companies that deleted emails, and all of a sudden we had an archive process in place and weren’t allowed to delete anything. Practically overnight.
I don’t know if the federal government has similar legal obligations, but I sure hope so. I mean, they must. Who will enforce them is another question.
I think this is partly the purpose of ICE in Minnesota. The federal government is now at war with the states that it deems to be “The Enemy”. If they can damage these states economically, they consider this to be a win.