Comment by crote
3 days ago
> what legal powers does the city/state have to expel ICE agents?
What makes you believe ICE is going to follow a judge's orders? They are already routinely violating it when it comes to deporting people.
Or, if you want to be even more pessimistic: what makes you believe the current Supreme Court is going to rule based on law, instead of based on political affiliation?
The USA's balance of power is horribly broken. To give just one simple example related to the previous: having the Supreme Court be nominated by the President and confirmed by a simple majority in the Senate? That's just asking for trouble. It'd be far better to have judges nominated by a politically-independent organisation (like the currently-sitting judges, or a national bar association) and confirmed by a two-thirds majority in the House/Senate (preventing anyone controversial, so you get boring, professional, and by-the-book judges - like they are supposed to be).
Regardless of judicial rulings of any sort, who will enforce them? Seemingly all of the enforcement apparatus in the US has been co-opted.
The individual state governments aren't meaningfully resisting. Their law enforcement isn't arresting "federal agents" to put them through state legal system. These perps should be jailed and forced to appeal before a judge for a bail hearing, possibly held without bail as they are clearly threats, and then put on trial in a state court.
Without this, where is the enforcement?
The classic question: who watches the watchmen? Right now, no one.
Truth is, most cops wouldn't confront ICE even if explicitly ordered to do so. The majority of them are supporting all this.
Does an ICE officer have any more rights than any other random non-ICE murderer? Can the police put them in prison for murdering?
> Can the police put them in prison for murdering?
Of course they can, but the governor and mayor know that ordering the police to do this means they completely lose what little control they have over the police, since the police support ICE and will believe it to be their patriotic duty to refuse the order.
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