How the Supreme Court placed ICE above the law
By now, you’ve probably seen some of the videos of Immigration and Customs Enforcement (ICE), as well as other federal law enforcement agencies, attacking immigrants and unarmed Americans protesting President Donald Trump’s immigration policies. In one, officers shoot a pastor in the head with a pepper ball. In another, an officer sprays pepper spray directly into the air vent of a protester dressed in an inflatable frog costume — in an apparent attempt to fill the suit with noxious gas.
This administration’s abuse of immigrants, protesters, and Trump’s perceived enemies appears to be systemic. An August report by Sen. Jon Ossoff’s (D-GA) office identified 510 “credible reports” of human rights abuses in immigration detention facilities since Trump took office in January. ProPublica found that over 170 US citizens have been held by immigration officials, some of whom were beaten or worse.
Even high-ranking elected officials are victims. Last May, for example, federal law enforcement forcibly arrested Newark Mayor Ras Baraka (D) after Baraka sought a tour of an immigration detention facility. After those charges fell apart, the Trump administration indicted US Rep. LaMonica McIver (D-NJ), who attempted to shield Baraka from arrest. In a video cited by McIver’s attorneys, one of the officers claims that Baraka’s arrest was ordered by US Deputy Attorney General Todd Blanche.
Worse, the Supreme Court — or, at least, its six Republicans — appears to be entirely on board with these tactics. In September, the Republican justices voted to block a lower court order that, among other things, forbade ICE from targeting suspected undocumented immigrants solely because of their race. That case is known as Noem v. Vasquez Perdomo.
The Republican justices rarely explain their decisions when they rule in Trump’s favor, but Justice Brett Kavanaugh did write a concurring opinion explaining why he voted the way he did. His assertion that someone targeted by ICE’s “apparent ethnicity” was “relevant” to law enforcement deciding whom to stop has received the most attention, as Kavanaugh seemed to blow off fears that federal law enforcement is targeting Latinos because of their race. But Kavanaugh also strongly implied that no one victimized by ICE may seek an injunction prohibiting ICE from engaging in illegal tactics in the future. (In the wake of this decision, many commentators are now referring to ICE’s tactics as “Kavanaugh stops.”)
So are there any legal avenues left to challenge abusive tactics by........
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