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Comment by mothballed

1 day ago

Why would they find it inappropriate? It's fun for them and they're guaranteed to get away with it. All the opposition does is vote harder and ask nicely that the state not do it again.

Worst case, someone sues and it's paid by OPM. But having been the subject of brutality by CBP, I can tell you it's almost impossible to find a lawyer (all the ones I talked to had already tried and lost so many times they wouldn't take a case, though maybe you have better luck now since immigration law is in vogue) and if you do your chances of overcoming supremacy clause and immunities are next to nill. (Lady in a more egregious case but otherwise similar facts to mine, was raped via hand because the argument was there was drugs up there -- she lost even though there weren't any).

The reason why Trump chose ICE/CBP as his gestapo is precisely because they have excellent overlap of both being largely carved out from constitutional protections via both precedent and their situation as an executive nominally border facing police and the fact they answer to POTUS and can function as an army without running afoul of posse comitatus. Trump simply called checkmate on the populace by taking advantage of 100+ years of precedent, law, and jurisprudence that perfectly teed up the opportunity.