Judge: DOJ Undid Its Attempt To Bully Portland Police Because AG Harmeet Dhillon Tweeted Thru It

Failures

from the every-button-a-self-destruct-button dept

There are several layers of bullshit in operation here, so we’ll walk through it all. But keep in mind the only reason this is all being exposed is because Trump administration officials feel they’re more obligated to “own the libs” than actually do their damn jobs.

Last October, “conservative influencer” Nick Sortor was arrested by Portland (Oregon) police after an altercation with anti-ICE protesters. Sortor received preferential treatment from the Trump administration. He was allowed to stand on the roof of the ICE detention center and film protesters during then-DHS head Kristi Noem’s visit to the site.

The DOJ decided to intervene on Sortor’s behalf. It went after the Portland Police Bureau (PPB), demanding it turn over thousands of documents it claimed were evidence of the PPB’s desire to punish certain people for certain kinds of speech.

To do this, it cited a DOJ settlement reached with the PPB back in 2013 — one that said nothing about any PPB attempts to shut down speech the PPB didn’t like. The paragraph cited in its demand for documents said this:

Too frequently, persons who have or are perceived to have mental illness and are in crisis are subjected to unnecessary or excessive force by police officers. The Portland Police Bureau lacks adequate policies to guide officers in these circumstances, or training, supervision and accountability measures necessary to ensure that officers comply with the constitutional rights of people in mental health crisis.

That’s the first layer of bullshit. The DOJ isn’t going after the PPB because it has any genuine concerns about its treatment of people with mental health issues. It’s going after the PPB because it arrested one of theirs and is located in a “liberal” city this administration desires to punish however it can, whenever it can.

The next layer of bullshit is the DOJ pretending any previous settlement over excessive force by local law enforcement is worthy of recognizing. Since Trump’s return to office, the DOJ Civil Rights Division solely exists to further the goals of the administration’s white Christian nationalists. It has already made moves to dissolve or suspend court-ordered consent decrees affecting local law enforcement agencies successfully sued/investigated for pattern-and-practice rights violations because it feels law enforcement shouldn’t have to answer to anyone.

So, it’s entirely hypocritical for this administration to cite a consent decree it would have sought to have removed if it affected a Red State agency in hopes of punishing Portland and its police department for anti-ICE protests.

The government claimed the settlement entitled it to whatever documents it wanted from the PPB. But Assistant Attorney General Harmeet Dhillon decided to shit the bed by being exactly the sort of person you’d expect her to be, given her subservience to Donald Trump. From the ruling [PDF] handed down by federal judge Michael Simon rejecting the government’s bad faith effort to leverage a PPB civil rights settlement for its own vindictive purposes (h/t Gabriel Malor):

On October 3, 2025, the same day that Judge Immergut was holding the hearing on the motion for temporary restraining order requested by the State of Oregon and the City, the Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, Ms. Harmeet Dhillon, publicly stated that DOJ would conduct a “full investigation” of policing of the protests at the Immigration and Customs Enforcement (“ICE”) facility in Portland, Oregon.

She announced this by reposting a social media post from social media personality Nick Sortor, who wrote: “BREAKING: Attorney General Pam Bondi has ORDERED a full investigation, led by Asst. AG Harmeet Dhillon, of the Portland Police Bureau, following my wrongful arrest last night, Bondi confirmed to me. FAFO, @PortlandPolice….” Assistant Attorney General Dhillon also attached to her repost her own comment, which read: “Portland: It’s FO time. Buckle up.” Id. (emphasis added).

This gloating has turned out to be premature. The court says the administration has presented no evidence the PPB is failing to follow the terms of the 2013 settlement. Furthermore, that settlement was tied to the abuse of people with mental health illnesses. There were no allegations in the settlement that the PPB regularly punished people for engaging in protected speech.

This is the first of three indications the government has “unclean hands.” This is a legal term of art that basically means the government’s intentions are impure and enough impurity is on the public record to support this finding. Part of that is Dhillon’s tweet above, which makes it clear the targeting of the PPB was directly related to the arrest of Nick Sortor, rather than anything the administration claimed in its legal filings.

As the court notes here, the government is cheating when it uses a completely unrelated enforcement effort in order to induce compliance.

[T]he United States asserts that it is purporting to investigate whether the Portland Police Bureau has engaged in political viewpoint discrimination in violation of the Agreement in this case. This case, however, has never been about viewpoint discrimination, or even any issues arising under the First Amendment.

Second, there’s the timing. This action was pursued by the administration only after it was sued by the city and state over its commandeering of Oregon’s National Guard units.

Finally, there’s Dhillon’s tweet, which can’t even be charitably be referred to as “ill-advised.”

As noted, Assistant Attorney General Dhillon preceded her reposting of a Nick Sortor comment with Dhillon’s own comment: “Portland: It’s FO time. Buckle up.” (emphasis added). That is neither language nor tone of a good faith investigation by the United States Department of Justice. Instead, it exhibits all the hallmarks of a threat and attempted intimidation.

And that’s not even the totality of the intimidation tactics engaged in by AAG Dhillon. A footnote points out Dhillon also decided to tweet out a threat targeting the judge that had originally blocked the government from obtaining these documents from the PPB.

In addition, on the same day that Judge Immergut issued her temporary restraining order, relying in part on the testimony of two high-ranking officials from the Portland Police Bureau, Assistant Attorney General Dhillon reposted a comment from another social media personality that read, in part, “Judge Immergut must be impeached.” (emphasis added). This too is threatening conduct by Assistant Attorney General Dhillon.

This is not how a federal agency — especially the one expected to fight for justice, rather than just act like extensions of Trump’s id — is supposed to behave. But Trump himself expressly encourages this behavior and anyone with the least bit of personal/professional restraint has likely been fired and replaced by brainstem operators like AAG Dhillon.

What this means is that the courts no longer trust the DOJ, which makes it all the more difficult for it to secure the wins Trump demands from his underlings. This is a blueprint for perpetual failure. Unfortunately, no one in the administration is willing to learn anything from these experiences because doing so just means educating yourself out of a job.

Filed Under: dhs, doj, harmeet dhillon, ice, nick sortor, portland, trump administration

404 Media Scores Leaked Document Detailing The Dozens Of Surveillance Tools ICE Has Access To

(Mis)Uses of Technology

from the big-brother-is-actually-a-bunch-of-little-brothers dept

The always-invaluable 404 Media has scored another minor coup. We all know ICE is heavily invested in surveillance tech, ranging from its purchases of cell location data from data brokers to throwing money at Clearview AI, the most notorious of facial recognition tech firms.

But there’s so much more to it than that. On top of the Trump administration trying to force other government agencies to share sensitive data with immigration enforcement agencies, ICE, CBP, and other DHS agencies have access to a plethora of tools, databases, and aggregation services that make it extremely easy to monitors peoples’ lives and movements, whether or not they’re actually the target of enforcement efforts.

Here’s an extremely brief (and, consequently, incomplete) recounting of what’s contained in the document obtained by 404 Media:

A leaked document shows the spread of surveillance and investigative capabilities that Immigration and Customs Enforcement (ICE) officials have access to agency wide, from location data harvested from smartphones, to facial recognition apps that can reveal someone’s identity, to tools that let the agency stay anonymous online and approach people undercover. The document covers everything from monitoring social media to tracking the movements of vehicles.

The full document [PDF] lists everything accessible by CBP and ICE. As 404 Media notes, the information may be out of date, since it was apparently generated in 2024. For instance, it doesn’t mention either of the DHS’s newest mobile tech tools (ELITE, ImmigrationOS). And some of the products/services listed may have been phased out, replaced, or dropped entirely.

Still, it’s as disheartening as it is comprehensive. For instance, it shows ICE has access to something called ISO Claimsearch, which “contains information on property and casualty insurance claims, as well as vehicle information.” It also mentions its nationwide shared database of license plate/location data gathered and compiled by Vigilant Solutions and its partners.

For some reason, ICE also has access to the FTC’s database of customer complaints. While any US resident is capable of requesting this same information from the FTC, the FTC will redact the complainant’s personal information. One assumes this doesn’t happen when ICE/CBP ask for it.

It also mentions Clearview as an option for facial recognition. It says access is controlled by “CIEU,” an acronym that isn’t defined anywhere in the document. According to the line item, access is “given out under specific circumstances.” This phrase also goes unexplained. But one of the names listed to contact for access links to a DHS official.

There’s also Insight, which functions like WHOIS, but also mixes in “geo-location data” as well as the “ability to get around privacy registrars” to identify website owners.

ICE also has access to the ADL (Anti-Defamation League) Hate Symbols Database, but apparently has no interest in other databases detailing hate groups/symbols that might be a bit more focused on groups that support Trump and his administration (SPLC, for instance, which the government considers to be a criminal organization).

There’s plenty to dig through here, but it’s kind of amazing to see just how much info your average ICE officer has access to. It seems like way more than what’s necessary to do this job, especially since most of the people being ejected from the country these days are residents who’ve made no secret about their country of origin and are simply trying to negotiate the now nearly-nonexistent path to permanent residency.

And what’s in here is the best case scenario: a list of everything ICE has access to, along with contact info for access privileges. What’s not in here is everything else: the abuses, the utilization of local agencies to route around federal restrictions, and the tech that’s being deployed without proper authorization or required Privacy Impact Assessment in place. This leak is comprehensive, but as always, one has to wonder if this is just the stuff the government feels comfortable putting down in writing.

Filed Under: alpr, dhs, facial recognition, ice, location tracking, privacy, surveillance state, surveillance tech
Companies: babel street, clearview, lexisnexis, locate x

Administration Accelerating Immigration Hearings To Ensure Migrants Miss New Court Dates

Failures

from the cruelty-is-all-they-have dept

No punishment is too vindictive. No cruelty is too small. The administration that is openly seeking to create a white Christian nationalist autocracy will do whatever it can to expel as many non-white people from this nation as possible.

Trump and his cabinet members constantly claim the country has been overrun by dangerous foreign migrants, many of them from (direct quote right here) “shithole countries.” They blame Biden for this completely imaginary “crisis” and preach the same message to the faithful over and over again: “worst of the worst.”

But it’s not that and it’s never been that. If the administration was simply trying to eject dangerous criminals, ICE wouldn’t be sending officers to immigration courts to pounce on migrants who are following the rules for staying in this country. ICE wouldn’t have set up a fake college to snare foreigners following the visa rules by continuing their education. And the government wouldn’t be telling its lawyers to dismiss ongoing removal proceedings solely for the purpose of making migrants attending scheduled probation check-ins immediately arrestable.

It’s only getting nastier and uglier. The Trump administration is now moving up immigration hearing dates for the sole purpose of generating more unearned “wins” that will, in turn, generate more deportations. Here’s Gwynne Hogan with the brutally nasty details for The City Reporter:

The mass immigration hearings picked up in New York City in early June, The City Reporter reported at the time. They were dubbed mega masters because a single judge could be assigned a docket of more than 100 cases a day, about double a regular master calendar docket before.

In addition to the large number of cases, many of these hearings were scheduled just weeks in advance and replaced hearings people might have had on the books months or years away.

The City Reporter observed one such mega master hearing where, on a docket of 121 cases, 39 people and their family members were ordered removed for failing to show up to court. In some instances, family members’ cases were linked.

As this report notes, for years most hearing dates were generally scheduled 180 days out from the initial hearing. But in the past few months — along with the creation of these so-called “mega masters” — the lead time has dropped precipitously. In May, the average was 98 days. By June, it was 42 days.

This is deliberate. Migrants engaged in the legal process would have no reason to believe their cases would be accelerated. After all, the mass deportation surges the Trump administration has generated tens of thousands of new cases, which would generally result in additional delays, rather than sudden accelerations.

And while the government is required to notify migrants of schedule changes, it’s not as though it’s a push notification via the normally accepted form of human connection these days. It’s a letter sent by snail mail. And it’s not as though this government is going to perform any due diligence to make sure the notification is seen by the intended recipient.

What’s happening here is the administration flooding the docket and ambushing migrants who fail to check their hearing status daily and who would have no reason to do so when they hadn’t seen any changes to hearing dates for several months.

The plan is as ugly as it is shitty: accelerate thousands of hearing dates and send federal officers out to scoop up migrants who are now on the wrong end of in absentia rulings handed down by judges who are deliberately overloaded to prevent them from fully engaging with these cases.

This is all in service to the impossible deportation goals set by the administration. You can’t get 2-3,000 arrests per day without cheating. Here’s how this has been playing out over the past couple of months.

In June, 4,447 people were ordered removed by immigration judges in the [New York City] “in absentia,” meaning they’d missed their hearings, the report found. That was more than double the number in May when 2,189 were ordered removed in absentia. 

The analysis found the surge echoed a rise in absentia removal orders across the country. There were 53,808 such orders nationally in June, a 55% jump from a month earlier. 

The real human cost is as incalculable as it is heartbreaking:

On Friday morning, several dozen people managed to make it to a courtroom inside 26 Federal Plaza for their mega master hearing where Immigration Judge Thanos Kanellakos appeared virtually from a courtroom in Maryland, overseeing a docket of 90 cases.

Most of the people who made it to court had traveled hundreds of miles from Tennessee, Georgia, North Dakota and Illinois to attend.

[…]

Several people at court told The City Reporter they’d had a court date scheduled months or even years away when they happened to double-check the online portal recently and learned they had a new hearing scheduled a few days away.

There is no legitimate reason for the government to be doing this. There is only the constant desire to hurt human beings this administration considers to be less than human. That’s why it’s trying to eradicate temporary protected status for all but the whitest migrants. And that’s why it’s engaging in barely disguised entrapment to keep its flying rail cars and prison camps loaded with its preferred scapegoats.

Filed Under: bigotry, dhs, doj, due process, ice, mass deportation, mega master, trump administration

ICE Illegally Scooped Up Medicaid Data, Then Shared It With Palantir

Privacy

from the acceptable-collateral-damage dept

The Trump administration’s continual trend towards maximum awfulness means that every report seems to be “I’ve got bad news and I’ve got worse news.” What was already bad has become even worse now that more of the administration’s actions have been exposed during court proceedings.

Last July, the Trump administration unilaterally decided ICE should have access to Medicaid data for the sole purpose of locating migrants to arrest and deport. That much was made clear by the administration itself, which said the data would give ICE officials better tools to discover “the location of aliens.” An agreement was reached with the Centers for Medicare and Medicaid Service by the DHS because of course that happened. The administration had already purged plenty of non-loyalists, which meant those remaining wouldn’t put up much of fight.

There was no legal basis for this demand, which is why the headline says “illegally.” If this was a legal request, we wouldn’t be seeing lawsuits challenging the sharing of this sensitive medical data because the law would already be settled. Specifically, ICE wanted access to Medicaid data that exposed “home addresses and ethnicities.” Not exactly subtle, but nothing ever is with this grotesque shotgun of an administration.

But this sharing was challenged in court, and that converts that bad news to worse news. Not only did ICE have access to information it wasn’t legally entitled to have, but its private contractors did too, as NPR reports:

After Medicaid officials improperly shared data about millions of people in January with immigration officials, ICE then shared that data with the data analytics firm Palantir, according to new court filings. Palantir operates an app called ELITE that is used by ICE agents to show the addresses of noncitizens who may be subject to deportation.

That revelation was made public in a motion filed Thursday by more than 20 Democratic attorneys general who sued the Trump administration last year over its data-sharing agreement between the Centers for Medicare and Medicaid Services and ICE.

Palantir’s thirst for data is constant. And it will take anything its government customers choose to give it, including information that has been obtained illegally.

Palantir issued a couple of statements in response to this reporting based on courtroom revelations in ongoing lawsuits.

First, it said that the data in question had been “purged.” That’s great if true, but this seems like something that needs verification before trust because who knows where else this data set ended up before court orders blocked the government from using this data. If you think only ICE was peeking into this illicitly obtained data, you’re awarding the government the good faith it not only hasn’t earned, but has spent pretty much every minute since Trump’s election actively destroying.

ICE’s surveillance tech contractor also said this:

Palantir provided the following statement to NPR: “Our customers control their own data and manage access to that data. When Palantir employees are granted access to a customer’s dataset, it is solely to help integrate and analyze that data — which is what our software does — not to store it or use it for our own purposes. Palantir can confirm that the dataset in question was purged pursuant to government instruction.”

Well… I’d like to believe this much in the same way I’d like to believe a system of checks and balances is capable of constraining a rogue regime, much less its private contractors who are not subject to these particular restraints.

I believe Palantir to the extent that its employees aren’t just surfing waves of incoming data for their own personal reasons, but I find it extremely difficult to believe that a belated “purge” has actually scrubbed the data and removed any ancillary… well, let’s call them “infections.” Without turning over evidence of this purge to the courts, it’s easy to say it’s all been handled, even if the only thing that happened what Palantir deleting the source CSVs (or whatever) from its system, which isn’t the same thing as stripping it from Palantir’s databases.

Another reason for high levels of skepticism is this: ICE somehow couldn’t stop itself from passing this illegally obtained data to Palantir despite (apparently) trying to comply with a court order.

In a court filing last week, the Justice Department said that CMS again inadvertently reshared with ICE the dataset with millions of names that CMS had first improperly shared with ICE in January. The government said the error occurred during an effort to share data from states not involved in the lawsuit.

You see the problem, right? Because not every state sued over this illegal data collection, ICE continues to collect data that should — at this point — be considered off-limits. The only reason it doesn’t is because some states (you know the ones) have decided they’ll do whatever it takes to ensure the administration gets to keep being openly racist.

Consequently, the data sets aren’t being sorted between racist/non-racist (or whatever the SORT term is), which means ICE continues to retain data it’s been ordered to delete and Palantir keeps getting handed data the government isn’t allowed to collect, much less distribute.

Then there’s the ultimate problem. No matter what’s happening here in the lower courts, the administration will continue to push for a resolution from the US Supreme Court. And the odds are about 6-3 that SCOTUS will say the government can do whatever it wants with whatever data it collects, ignoring years of precedent and administrative firewalls that are meant to protect US citizens (and residents) from being abused and surveilled by their government.

Filed Under: dhs, ice, mass deportation, medicaid, medical data, trump administration
Companies: palantir

Administration Works Fast To Cover For Another ICE Killing

Failures

from the laundering-murder dept

Former DHS head Kristi Noem got permanently sidelined for being unable to do two impossible things at once: be the anti-migrant hardliner Trump appointed her to be and massage the message when shit went sideways. Two murders in less than a month in Minneapolis may have made plenty of administration figures secretly happy, but once the narrative spun out of their control, it was clear a head needed to roll.

Say hello to Markwayne Mullin. Mullin was yet another Trump loyalist, albeit one that promised a kinder, gentler approach to the bigoted targeting of anyone who didn’t look white enough to belong in this country.

During his confirmation hearings in March. Homeland Security secretary Markwayne Mullin told senators: “My goal in six months is that we’re not in the lead story every single day.”

Well, that’s not going to look good on the next employee review. While immigration officers did manage to keep murders to a minimum after Mullin took office, ICE is back to being the lead story every single day.

July 9, 2026:

Federal immigration agents who killed a man during a traffic stop in Houston on Tuesday had been searching for a different person, according to a Department of Homeland Security spokeswoman.

The victim of that shooting was Lorenzo Salgado Araujo, a Mexican immigrant who had lived and worked in the United States for 35 years. According to his family, Araujo was still actively trying to obtain permanent residence and/or citizenship.

And let’s not pretend — as the DHS would have us do with its statement — that it’s okay to kill people who are the targets of immigration arrests. The DHS may have (kind of) admitted fault here, but only in the context that any killing of someone actually targeted by ICE, etc. is fair game when it comes to instant death penalties. Most of the people ICE targets have no violent criminal record, which means federal officers are routinely boxing in vehicles, smashing windows, and violently accosting people suspected of a civil violation. It’s not like this is happening to people who are overdue on their property taxes. I mean, yet.

This isn’t helpful either, and fewer journalists should be willing to publish whatever happens to fall out of the government’s mouth moments after it has summarily executed someone:

When agents tried to stop the vehicle, the encounter quickly escalated, and an agent shot Mr. Araujo in the abdomen. He died at a hospital hours later.

Homeland security officials said Mr. Araujo had tried to use his vehicle as a weapon, though no video or other evidence for that claim has emerged.

The encounter was escalated the moment ICE officers decided to treat suspected civil violations like a felony stop. The government escalated. The reaction officers received was entirely expected from an innocent person who was suddenly surrounded by masked people with guns.

But video not recorded by ICE officers (who were all supposed to be wearing body cameras at this time) pokes a lot of holes in the government’s self-serving theory:

I don’t know what Araujo thought was happening, but in the videos it looks like a couple of unmarked crossovers aggressively pursuing a vehicle with no lights on or any other indication the vehicles contain law enforcement officers. (See 1:20-1:25 of the video where the ICE vehicle cuts through a parking lot.)

Either way, it ended with officers killing Araujo, then the government going on to smear the person they’d just killed:

The Houston incident, following one of the latest deadly shootings by US Immigration and Customs Enforcement officers, mirrors countless routine police encounters that happen daily across the country as officers find suspected drug paraphernalia and seek court orders to seize and test it for illegal substances.

In this instance, however, the search warrant, shielded from public view when initially filed, was inexplicably unsealed and made public the next day. Justice Department veterans told CNN they can’t remember a time when information that could be critical to a case was made publicly available while a criminal investigation was still underway.

A bit more on the “illegal substances:”

The still-unidentified substances were allegedly found on the dashboard and floor of a van driven by Lorenzo Salgado Araujo, a Houston man ICE tried to pull over last week on suspicion of being in the country unlawfully.

First and fucking foremost, these were immigration officers who had the wrong person. Second, this chase wasn’t initiated because officers saw some possible illicit substances on the dashboard. This was only discovered after Araujo had already been killed. Third, the government has yet to deliver lab results on the substances, which means they could have been anything. Considering they were found on the dashboard (those recovered from the floor probably fell off the dashboard), it’s hard to believe Araujo was just driving around with drugs right out there in plain sight. And, once again, this ain’t the Philippines. You can’t just kill people because they have drugs on them.

This was nothing but a cheap attempt to somehow justify a killing after the fact. But it didn’t end with a shitty smear campaign. The other people in the van were apparently subjected to intimidation tactics by ICE officers following the shooting:

They were detained by Immigration and Customs Enforcement during the encounter, and we haven’t heard from them publicly about what happened.

Now, in another potentially dark turn in the saga, those three men are under pressure from immigration officials to agree to self-deport, Juan Proaño, a representative for the families and CEO of the League of United Latin American Citizens, claimed in an interview with The New Republic.

Araujo had no criminal record, ran his own business, and was on his way to a job with his passengers when he was chased, shot, and killed. And while the government has admitted it misidentified the person officers killed, it still hasn’t explained why it’s okay to engage in these tactics against people only suspected of violating immigration law. It also hasn’t offered any information about the person officers were seeking, which means the real target was another harmless migrant and not the “worst of worst” we keep hearing about every time the DHS is asked to defend its actions.

As I noted earlier, this is only one of two killings to happen this month. Another killing happened in Maine roughly a week later. Since we’re already more than 1,000 words into this one, I’ll dig deep into that killing in another post. But I will leave you with this, which not only shows the kind of people ICE is willing to hire to keep the deportation mill running, but also the kind of people who are innately attracted to ICE:

The Immigration and Customs Enforcement officer who shot a Colombian man in Maine this week is an Army veteran who has struggled with serious mental health issues since early childhood and never should have been given a badge and gun to patrol American streets, several of his close relatives told The Associated Press.

David Brouillette has a history of terrifying and violent behavior, according to those relatives. They accuse him of attacking women in his life over the years, and one shared a voicemail with the AP from last winter in which he told her that he thought someone should slit her throat.

This is the real reason ICE officers want to wear masks. It’s also the real reason ICE wants officers to wear masks. These officers are the real threat to public safety, but the less we know about them, the more ICE can publicly pretend it’s nothing but top-notch, well-trained officers regularly engaging in excessive force.

Filed Under: dhs, doj, houston, ice, maine, mass deportation, murder, texas, tom homan, trump administration

Tom Homan Again Promises That ICE Will Keep Murdering People Until Democrats Stop Calling Them Murderers

Failures

from the dysfunctional-government dept

Earlier this year “Border Czar” Tom Homan, with an apparently straight face, told the media that if Democrats didn’t stop calling ICE murderers for the murders they committed, then they would have no choice but to murder more people. A few weeks later, when ICE did murder another person, he doubled down and blamed people for calling ICE murderers for the additional murder. So it’s little surprise that he’s at it again. He’s taking the fact that ICE has been on something of a killing spree over the last few weeks as… vindication for the batshit crazy statement he made earlier about how calling ICE murderers makes them only more likely to murder.

This is classic psychopathic abuser language. “Baby look what you made me do.”

It should never be coming out of the mouth of a government official. It’s horrifying and disqualifying. No, calling ICE murderers for the murders they committed should have zero impact on future murders, and if (accurately) calling ICE murderers leads them to murder more people, then what the fuck are we doing here? Shut down ICE. Fire everyone associated with them, including Tom Homan.

Of course, Homan wasn’t just blaming people for calling murderers murderers. He also wanted to blame the people they murdered for not “complying.”

Once again, saying shit like that should lead to an immediate firing and possibly an investigation. First of all, it’s clear from the videos released after some of the recent ICE shootings that it had nothing to do with people not complying, and appeared to be almost entirely about raging ICE agents who had no interest in de-escalating situations and seemed to be looking to cause harm.

But, more to the point, not complying with a law enforcement demand (especially a ridiculous one) should not result in your execution.

Tom Homan has been credibly accused of accepting $50,000 in a fast food bag to try to curry favor with President Trump. Does Tom Homan think it would have been okay for law enforcement to shoot Tom Homan dead in a Cava restaurant, claiming that he was clearly violating the law in accepting a bribe? Or does he only accept due process when it comes to himself and his friends?

And just as bad, Tom Homan, like so many MAGA leaders, absolutely positively refuses to take any responsibility at all for his own mistakes. First he claims that the mess in Minnesota he inherited didn’t involve any mistakes at all.

Of course it’s funny because in that clip he suggests that he was the one who refused to buy ICE body cams because of the government shutdown (which is a lie; ICE received a ton of money in the earlier budget bill, and Homan knows this. ICE can afford body cameras). But then a couple minutes later, when a reporter asks about the now-revealed anger issues and mental health problems of one of the ICE murderers from last week, suddenly Homan deflects and says to talk to someone at ICE instead.

Dude. Weren’t you just talking about how you were in charge of properly outfitting ICE.

It’s truly astounding how this MAGA administration appears to be fundamentally allergic to ever taking responsibility for anything. This seems like an impossibly short-term strategy. Or simply the product of a government run by people who are in way, way over their heads, but too vain to admit it.

Filed Under: dhs, ice, ice murders, murderers, tom homan

Fifth Circuit Looks Like It’s Ready To Roll Back Its Decision Recognizing Due Process Rights For Migrants

Legal Issues

from the fix-is-in dept

Well, it was fun while it lasted. And even while it still (theoretically) lasts, it’s really nothing more than the Fifth Circuit saying rights can violated, but only for 90 days at a time.

Earlier this month, the Fifth Circuit managed to deliver a very un-Fifth Circuit decision, finding in favor of rights and against the Trump administration’s war on migrants. As almost every court has recognized for decades, people residing in the United States — even illegally — have constitutional rights. The Fifth Circuit has long been one of the exceptions to this rule.

The administration chose to ignore this because doing would slow its horrific roll towards an eventual evacuation of everyone who wasn’t white enough for this administration to recognize as Americans. To justify ignoring long-held constitutional rights, the administration first invoked the Alien Enemies Act (best known for our atrocities against Japanese migrants and residents during World War II). Then it pretended that anyone who had been in the country for weeks, years, or decades should be treated the same as anyone apprehended while illegally crossing the border.

The Fifth Circuit couldn’t bring itself to rule that migrants arrested long after they’ve crossed the border have access to their due process rights on day one of their apprehension. Instead, it decided (without really explaining why) these rights don’t actually kick in until someone has been in custody for more than 90 days.

That meant nothing would really change. People arrested by ICE and other DHS components all over the nation would be hastily relocated to the Fifth Circuit (Texas, Louisiana, Mississippi) ASAP to prevent them from challenging their detention for 90 days. Presumably, the administration hoped to have most of these detainees deported long before they were allowed to invoke their constitutional rights.

Apparently, 90 days of denying rights isn’t long enough. It looks as though enough judges in the Fifth Circuit think these rights should never be available to migrants. Less than a month after handing down its decision, the Fifth Circuit has declared it will be taking another pass at this.

A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated July 02, 2026, is VACATED.

So, we’re now back to the Fifth Circuit status quo. The government can ignore constitutional rights on day one and continue ignoring them until they’ve ejected migrants into whatever war-torn human rights hellhole will have them.

Sure, there’s a very slim (I’d say “nonexistent”) chance the petitioners for rehearing think the Fifth Circuit screwed up by giving the administration a 90-day head start on ignoring constitutional rights. But come on. We’re talking about the Fifth Circuit here.

The most likely reason for this rehearing action is that a lot of Fifth Circuit judges think the Trump administration shouldn’t have to recognize the rights of migrants ever, which is why they want to take another stab at setting precedent that would cover some of the DHS’s largest detention facilities.

The best case scenario would appear to be the circuit upholding its previous ruling, with its (unconstitutional) 90-day 14th Amendment snooze button. The worst case scenario is the entire panel agrees with this hideous, racist administration and says anyone in the country without documentation should be treated like someone caught in the act of crossing the border illegally. I’m not holding my breath for a positive outcome. I need that breath for stuff that’s actually feasible and foreseeable.

Filed Under: 14th amendment, 5th circuit, dhs, due process, ice, mass deportation, trump administration

ICE Camera Crews Are Labeling Themselves ‘Media,’ Filming Anti-ICE Protesters

Failures

from the more-officers,-more-masks,-more-intimidation dept

This is pointless escalation, but pointless escalation is this administration’s brand.

We already know ICE officers have gone out of their way to aim their phones at protesters and others who try to derail their masked kidnapping squads. And we know — thanks to public records and leaked documents — ICE has access to facial recognition tech that makes it much easier for officers to identify protesters and harass/intimidate them for engaging in their First Amendment rights.

So, it’s hardly a surprise that ICE has upped the intimidation ante. What’s surprising about this is that ICE has mobilized its own propaganda/intimidation force that (just barely) attempts to disguise itself as something else. This has been noticed elsewhere — at least in terms of ICE officers wielding professional-grade video cameras to document arrests, etc. — but this is apparently the first time ICE has decided to pretend its masked camera people are members of the “media.”

This is happening in Danbury, Connecticut, where ICE has recently intensified its evil for exactly the reasons you’d expect: Kamala Harris carried the state in the last election, the state has sued the administration multiple times, and state legislators have been pushing Yale to fight back against Trump’s politically-motivated extortion attempts.

Here are the broader details on this insult to American ideals, as reported by the Connecticut Mirror:

ICE has had camera crews accompany them on enforcement operations in other states, promoting its deportation efforts on social media. Some of the videos are similar in style to footage from the reality TV show “COPS,” and some include embedded far-right media outlets and influencers. But according to The Washington Post, ICE has used misleading footage, “muddying the reality of events in viral clips.”

The Danbury cameraman was recorded by members of Greater Danbury Area Unites for Immigrants, standing near a crowd by a state courthouse. A person is crying off camera, mentioning to ICE agents the person they apprehended had a heart condition. The agents soon get into their cars and leave, the cameraman pointing the camera at the crowd as the agents drive away.

That might seem about as innocuous as this version of ICE gets, but the devils are in the details. Here’s more from Dan Haar, reporting for the Connecticut Insider.

The woman from Ridgefield, part of a group observing and documenting ICE operations, rushed to Danbury on a June day, like so many times before in the 18 months of the second Trump administration.

This time, on June 4, she saw a different scene. ICE had more vehicles along Moss Avenue near the courthouse and a more open, less furtive presence. “Brazen,” she called it.  

“There is a gentleman running furiously up the road towards my vehicle and there was about four or five agents chasing him,” the woman, a U.S. citizen who requested anonymity for fear of retribution by the government. “He had a look of fear, or like terror on his face.”

And she saw something else. Arriving in vehicles with the ICE agents, then working alongside the agents on the streets, a couple of men with professional video equipment wore black vests marked “MEDIA” in large, white, capital letters. 

This isn’t just something saw and told others about. This was captured on video (albeit without sound).

This is a dude dressed like lots of ICE officers — kevlar vest, face mask, and something that could be charitably called “tactical pants.” Except this vest says “MEDIA,” rather than ICE or ERO or DHS or nothing at all.

This might give people the impression that actual press members are embedded with ICE. But only for a moment. First, as is pointed out in Haar’s column, journalists never identify themselves as “media,” because that term is entirely incorrect:

Technically, anyone wielding the tools of communication is using media, as both Yousman and Crawford pointed out. Media is technology such as video or pen and paper, not a job. 

That, to Crawford, is a hint that these are ICE employees or contractors, not independent news professionals. 

“In war zones, journalists don’t wear jackets that say media. They wear jackets that say press,” she said, arguing that the distinction matters. Using the wrong word shows that these vest signs are not there to do the normal job of protecting members of the working press in dangerous situations. 

Further distancing themselves from real members of any press entity are the actions of the people labeled “media” who trailed behind ICE officers. First, they were masked. Press members might wear masks occasionally, but only if they expect to encounter things like tear gas or pepper spray.

Second — and perhaps most importantly — embedded press members don’t pull this kind of shit:

A video shows him wheeling around to record observers at very close range, who were themselves making videos. In another video shot, he is shown quickly pulling up his mask as he rounds a corner and sees an observer’s camera.

All of this happened in the context of ICE’s general horrificness. What was captured here were the actions of ICE officers staking out a courthouse to make easy arrests of people just trying to adhere to the conditions of their parole, immigration-related or otherwise.

Dan Haar says what needs to be said: this isn’t America. This is something we’ve always considered ourselves to be above, right up until Trump decided to drag us all down with him.

Clearly, government agents, employees or contractors masquerading as members of the working press create confusion and erode the legitimacy of the independent media, while lending credence to government misinformation and propaganda. These are all hallmarks of President Donald Trump as we all know, but it’s still disturbing to see it paraded on the streets so flagrantly.

It’s just not what free countries do, certainly not ones with a constitution that assures freedom of the press. 

Trump is degrading an entire nation. Unfortunately, he has a sizable fan base willing to jack off into the nearest flag while cheering on his authoritarian efforts. This is just ICE being extra fucking shitty because it knows everyone in the administration is similarly supportive of their hostile behavior.

Filed Under: 1st amendment, connecticut, dhs, free speech, ice, journalism, mass deportation, media, trump administration

ICE Office Of Professional Responsibility Ditches ICE Oversight, Starts Hunting Down ICE Critics

Failures

from the gestapo-of-our-own dept

ICE has already been operating like a paramilitary kidnapping squad. Officers roam through neighborhoods, stake out hardware store parking lots, and even occasionally enjoy some ethnic food just so they can raid the source of hospitality later.

It’s nasty, disturbing, and definitely doesn’t resemble any of the things that have made America great. Now, the rot has spread. It’s not enough for ICE to engage in daylight snatchings on the regular. Now, its internal oversight office has abandoned any pretense of keeping ICE in line. In fact, it has completely gone in the opposite direction, turning this wing of ICE into another set of secret police, as this report from Wired makes clear:

Voting was already underway when the ICE agents arrived at a polling site in Syracuse, New York, during the state’s primaries in June. The agents were there to see Paigelynne Gonyea, a poll worker who says they were concerned about an Instagram post she had supposedly made in January “doxing” an ICE agent. The only post she could find was one she had made crediting the Minnesota Star Tribune for identifying Jonathan Ross, the ICE agent who shot and killed Renee Good during the federal incursion in Minneapolis this winter, and calling for his indictment.

The agents at the poll site asked Gonyea to sign a warning notice that said it was unlawful to “threaten to assault, kidnap and/or murder” federal officials or their immediate family members in an effort to impede that federal official’s work. The form also requested that she remove her post “and/or discontinue” her behavior.

“My signature would have been an admission of guilt,” Gonyea says. “I refused to sign it.”

That’s just one person who’s been subjected to the OPR’s decision to stop investigating allegations against ICE officers to focus on allegations of external “threats” to ICE officers. There are more. Many more.

OPR was behind at least one of the flurry of administrative subpoenas sent to tech companies in recent months in an effort to unmask online critics.

[…]

In a court declaration filed in April, an ICE official said that between January 2025 and March 2026, OPR investigated 131 cases involving “incidents of doxing and threats directed towards ICE employees nationwide.”

That’s fucked up. This is definitely not what the Office of Professional Responsibility is supposed to be doing. According to the ICE OPR itself, its purview is limited to investigating ICE.

The ICE Office of Professional Responsibility (OPR) upholds the agency’s professional standards through a multi-disciplinary approach of security, inspections and investigations to promote organizational health, integrity, and accountability across the agency. OPR promotes organizational integrity by vigilantly managing ICE’s security programs, conducting independent reviews of ICE programs and operations, and impartially investigating allegations of employee and contractor misconduct.

To promote integrity, mitigate risk and uphold the agency’s professional standards, the OPR-led Integrity Coordination Center receives and assesses information it receives and refers any allegations of employee misconduct to appropriate offices for investigation, if necessary. This process ensures that allegations of criminal or administrative misconduct against ICE personnel are properly assessed and thoroughly investigated. OPR’s role permits the agency to focus on its larger mission of promoting homeland security and public safety.

Nothing in this says the OPR is investigating ICE critics. Nothing in this even minimally suggests the OPR’s directives can be expanded to cover external investigations of US citizens over social media posts, etc.

You have to scroll down the page a bit and expand a few things before you find ICE OPR’s justifications for being America’s ICE-focused Gestapo:

OPR protects the agency by detecting, preventing, mitigating and investigating internal and external threats against the agency, ICE senior leaders and ICE headquarters facilities by managing the ICE Insider Threat Program and counterintelligence functions involving ICE personnel. 

This is new language, specific to Trump’s version of ICE. It wasn’t there last year. There’s nothing in this December 2018 OIG report on ICE OPR operations that says anything at all about “detecting, preventing, mitigating and investigating external threats.” There’s nothing in this 2008 OPR directive that says anything more than that the OPR is tasked with investigating allegations against ICE officers or personnel handling its detention facilities.

So, it’s reasonable to believe this language was added shortly after (March 2026) the OPR was rerouted to hunt down ICE critics, rather than focus on what must be thousands of complaints about ICE officers and/or detention facilities.

And despite these efforts apparently being well underway by April 2026, acting ICE director Todd Lyons made sure he didn’t bring up that part of OPR’s operations up when publicly testifying before Congress.

In written testimony for an April hearing with the House Appropriations Committee, which helps set the budget for DHS, Lyons touted OPR’s work inspecting detention facilities, vetting job applicants, and overseeing the agency’s 287(g) program, but didn’t mention the office’s work investigating online posters. ICE did not respond to questions about why Lyons didn’t discuss that work.

First off, the OPR should not be doing this, full stop. There are plenty of federal law enforcement resources available to be utilized in the rare case where an actual threat exists. Second, the OPR has never done this prior to being run by this administration. Third, this rerouting of OPR’s resources makes it clear the administration is more interested in punishing critics (First Amendment be damned) than engaging in any minimal oversight of ICE’s activities.

And this is bad news for the nation, obviously. If this OPR can be turned into literal speech police, the same can be expected from any other law enforcement agency with an in-house OPR. That’s tyranny. That’s fascism. That’s an entire administration treating Trump like a king and 325 million Americans subjects. It’s not only unacceptable, it’s antithetical to everything America once stood for. And all of this news arrives shortly Trump presided over the Republic’s wake on July 4th. We had a good run, but it’s probably time to stop pretending we don’t have a second King George that needs to be shown the door.

Filed Under: 1st amendment, censorship, dhs, free speech, gestapo, ice, office of professional responsibility, trump administration

Fifth Circuit Says Gov’t Can Violate Migrants’ Due Process Rights… But Only For 90 Days

Legal Issues

from the rights-aren't-rights-if-they're-delayed dept

Good news!(?)

It’s good news of sorts, so we’ll go with a qualified “good news!” here. There’s a little table setting that needs to be done to explain why it’s better now than it was before the Fifth Circuit Appeals Court continued ingratiating itself to race-motivated tyranny.

I realize that’s not a great pitch in terms of “good news,” but it’s all I have. When Trump first started his race war in the United States, it seemed almost inevitable that courts would shut him down. Trump advisors set goals (I’m looking at you, Stephen Miller/Happy Time Harry) that couldn’t possibly be met without violating rights. No more “worst of the worst.” It was just everyone who looked kinda brown.

Trump invoked the Alien Enemies Act, hoping that this would allow him to treat anyone of any foreign nationality the way we treated people of Japanese descent during World War II.

To be fair, courts resisted this argument. And most courts made it extremely clear that this nation has always extended constitutional rights to non-citizens who reside in the US.

But not the Fifth Circuit. The appellate circuit hosting most of Trump’s favorite detention centers ruled in February that those rights simply don’t apply to whoever this administration is seeking to get rid of. According to this decision, the government was well within its rights to detain migrants indefinitely without giving them access to their due process rights.

Consequently (and coupled with Justice Kavanaugh’s blessing of stops based on little more than skin color and/or perceived accent), detainees arrested anywhere else in the country were speedily delivered to detention centers in the Fifth Circuit to ensure they weren’t allowed to challenge their arrests or detentions.

That was February. It’s now July. And for whatever reason, the Fifth Circuit has walked back a bit of its earlier decision. Now, it says some rights apply to migrants detained by the government, but only after a rights-free waiting period.

The decision [PDF] grants the government deference it definitely doesn’t deserve. It does, however, make it clear the Constitution still needs to be respected… but not immediately.

We understand the recent interpretation in Buenrostro-Mendez that detention is mandatory for anyone who entered this country without authorization is creating enormous difficulties in district courts. Thousands of immigration detainees are filing applications for writs of habeas corpus in United States district courts. Our resolution of this case requires the executive branch to provide bond hearings through its own procedures. That shifts the location of the burden, but it leaves its size unaffected. Nonetheless, the answer to those difficulties cannot include ignoring the Constitution.

That’s the court referring to its February decision — the one in which it said the government can detain migrants without bond indefinitely, effectively denying them their 14th Amendment rights. In this case, it shifts to the Fifth Amendment. In doing so, it comes to a conclusion that seems diametrically opposed to its original ruling.

These two sets of rights are almost inseparable in this context. But that’s not the context the Fifth Circuit used to deny this right (over plenty of dissent) in the Buenrostro-Mendez case. In that one, the court pretended there was no difference between detaining people trying to illegally cross the border and detaining people who had already been in this country for weeks, months, years, or decades. It decided any migrant was basically caught in the act of illegal entry and, in doing so, were not entitled to constitutional protections.

In this case, it’s the Fifth Amendment that gets its day in court. And since it’s a different right, the court somehow manages to come to a conclusion that makes a mockery of its original (and fantastical) take on the phrase “upon entry.”

It also must be noted that the judges who handled this case weren’t the same ones who handled the previous case. The previous case was overseen by two of the most blatantly right-wing judges in the Fifth Circuit: Edith Jones and Kyle Duncan.

That — more than anything else — most likely explains why the same court has decided migrants have rights, even if it’s not willing to let migrants use them until after some weird, not-supported-by-law probationary period has passed.

After a lot of discussion of earlier cases, the government’s assertions (and admissions that many people it detains are not flight risks), and a long walk through the history of immigration law, the court somehow arrives at this conclusion:

Given the absence of any categorical justification for detention, unlike in Zadvydas (aliens who have been found to be removable) and Demore (aliens who were convicted of criminal offenses), there is no reason to lengthen the period of time during which the validity of detention can be presumed. We conclude that the Government may detain aliens under Section 1225(b)(2)(A) for ninety days but no longer without a bond hearing.

I’ve put some stuff in bold because I don’t want anyone to miss what’s being said here, even if they’re just skimming this post.

For those who may have bypassed the dry text of the court, here’s what the Fifth Circuit is saying:

1. The government has not provided any justifiable reason for detention (of ANY length).
2. Therefore, the government must limit itself to 90 days of unjustifiable detention, at which point it needs to allow detainees to access the Fifth Amendment rights they were always entitled to.

The government is allowed to violate rights for up to three months at a time. That’s not really a win. Sure, it’s better than what was decided earlier — you know, the decision that simply said migrants had no rights at all because they all could be perceived as being apprehended crossing the border, even if they weren’t apprehended until they’d already spent years in this country.

This means ICE, et al will continue to detain whoever they want anywhere in the nation and ship them out to the Fifth Circuit (Texas, Louisiana, Mississippi) detention centers as soon as possible. One decision already says the 14th Amendment doesn’t apply. This one says the Fifth Amendment does apply, but only after 90 days.

The Fifth’s ruling are in opposition with the rest of nation, where hundreds of judges have ruled in thousands of cases against the administration’s constant violation of migrant’s constitutional rights. But it insists on being everything the MAGA-cooked could ask of it. That it oversees Texas and Louisiana — states home to multiple ICE detention centers — isn’t a coincidence.

Filed Under: 14th amendment, 5th circuit, alien enemies act, dhs, due process, ice, mass deportation, trump admininstration