The ICE surge in Minneapolis, Minnesota was instigated by a far-right click bait artist and encouraged by the president’s portrayal of Somali immigrants as “garbage” people from a “garbage” country. And those were some of the nicer words Trump used to describe the people his agencies would be hunting down first.

Several weeks later, a draw-down has begun, prompted by two murders committed by federal officers, an inability to obtain indictments against protesters, and every narrative about violence perpetrated by federal officers disintegrating the moment the government was asked to provide some evidence of its claims to the court.

Hundreds of judges in hundreds of immigration cases have found that the government has routinely violated the due process rights of the immigrants it has arrested. This dates all the way back to the beginning of Trump’s second term, but months of roving patrols by masked men with guns has created a massive influx of cases courts are still trying to sort out. But one thing is clear: the government will do anything it can to keep the people it arrests from availing themselves of their constitutional rights.

This starts with the arrests themselves, which most often occur without a judicial warrant. The same goes for the invasion of people’s houses and places of business. With the Supreme Court giving its tacit blessing to casual racism (the so-called “Kavanaugh stops”), anyone who looks less than white or whose English has a bit of an accent is considered reasonably suspicious enough to detain.

The government has been on the losing end of hundreds of cases involving due process rights. This decision [PDF], coming to us via Politico’s Kyle Cheney, details the massive amount of constant movement this government engages in to keep people separated from their rights and physical freedom.

It opens with this:

Immigrations and Customs Enforcement (“ICE”) recognizes that noncitizen detainees have a constitutional right to access counsel. But in recent weeks, ICE has isolated thousands of people—most of them detained at the Bishop Henry Whipple Federal Building—from their attorneys. Plaintiffs, who are noncitizen detainees and a nonprofit that represents noncitizens, have presented substantial, specific evidence detailing these alleged violations of the United States Constitution. In response, Defendants offer threadbare declarations generally asserting, without examples or evidence, that ICE provides telephone access to counsel for noncitizens in its custody. The Plaintiffs’ declarations provide specifics of the opposite. The gulf between the parties’ evidence is simply too wide and too deep for Defendants to overcome.

It’s not like ICE can’t provide detainees with access to attorneys or respect their due process rights. It’s that they choose not to, now that Trump is in charge. The access is theoretically possible. It’s just being purposefully denied. And it’s not even just being denied in the sense that phone call requests are being refused. People detained by ICE are placed into a constant state of flux for the sole purpose of making it as difficult as possible for them to avail themselves of their rights.

The devil is in the details. And the court brings plenty of those, all relating to the administration’s “Operation Metro Surge” that targeted Minneapolis, Minnesota:

Detainees are moved frequently, quickly, without notice,and often with no way for attorneys to know where or how long they will be at a given facility. (ECF No. 20 (“Boche Decl.”) ¶¶ 9, 13, 18; ECF No. 24 (“Edin Decl.”) ¶ 6; Heinz Decl. ¶ 5 (explaining that of eleven clients initially detained at Whipple, ten were transferred out of the state within twenty-four hours); Kelley Decl. ¶ 19.) Once a person has been transferred out of Minnesota, “representation becomes substantially more difficult”—attorneys must secure local counsel to sponsor a pro hac vice application and navigate additional barriers.

This is a key part of the administration’s deliberate destruction of constitutional rights. Moving people quickly helps prevent habeas corpus motions from being filed, since they need to be filed in the jurisdiction where they’re being held. If detainees are shifted from place to place quickly enough, their counsel needs to figure out where they’re being held and hope that their challenge lands in court before their clients are moved again. And with the Fifth Circuit basically codifying the denial of due process to migrants, more and more people arrested elsewhere in the nation are being sent to detainment centers in Texas as quickly as possible.

All of this is intentional:

Defendants transfer people so quickly that even Defendants struggle to locate detainees. Often, Defendants do not accurately or timely input information into the Online Detainee Locator System. This prevents Minnesota-based attorneys from locating and speaking with their clients.The locator either produces no search results or instructs attorneys to call for details, referencing a phone number that ICE does not answer. Often, Defendants do not update the locator until after detainees areout of state. Attorneys frequently learn of their client’s location for the first time when the government responds to a habeas petition.

These are not the good faith efforts of a government just trying to get a grasp on the immigration situation. These are the bad faith efforts of government hoping to violate rights quickly enough that the people it doesn’t like will be remanded to the nearest war-torn nation/foreign torture prison before the judicial branch has a chance to catch up.

There’s more. There’s the phone that detainees supposedly have access to for their one phone call. It’s the same line used to receive calls for inmates, so that means lawyers calling clients back either run into a busy signal or a ringing phone that detainees aren’t allowed to answer and ICE officers certainly aren’t interested in answering.

Lawyers seeking access to their clients have been refused access. In some cases, they’ve been threatened with arrest by officers simply for showing up. Even if they happen to make it inside the Whipple Detention Center, ICE officers and detention center employees usually refuse them access to their clients.

And when people try to work within the unconstitutional limitations of this deliberately broken system, they’re mocked for even bothering to avail themselves of their rights.

When an attorney told an agent that she sent a copy of a releaseorder to the specified email address, the agent laughed and said “something to the effect of ‘yeah we really need to get someone to check that email.’”

To sum up, the government is exactly what the court thinks it is: a set of deliberate rights violations pretending it’s a legitimate government operation that’s just trying to do the best it can in these troubling times:

It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees. The government suggests—with minimal explanation and even less evidence—that doing so would result in “chaos.” The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.

The administration has long lost the “presumption of regularity” that courts have utilized for years while handling lawsuits and legal challenges against the government. It no longer is considered to be acting in good faith in much of the country (Fifth Circuit excluded, for the most part). This is the “rule of law” party making it clear that it will only follow the rules and laws it likes. And it will continue to do so because courts can’t actually physically free people or force the government to respect their rights. The Trump administration is fine with losing in court and losing the hearts and minds of most of America as long as those in power keep getting to do what they want.

A California police department is none too happy that its license plate reader records were accessed by federal employees it never gave explicit permission to peruse. And, once again, it’s Flock Safety shrugging itself into another PR black eye.

Mountain View police criticized the company supplying its automated license plate reader system after an audit turned up “unauthorized” use by federal law enforcement agencies.

At least six offices of four agencies accessed data from the first camera in the city’s Flock Safety license-tracking system from August to November 2024 without the police department’s permission or knowledge, according to a press release Friday night.

Flock has been swimming in a cesspool of its own making for several months now, thanks to it being the public face of “How To Hunt Down Someone Who Wanted An Abortion.” That debacle was followed by even more negative press (and congressional rebuke) for its apparent unwillingness to place any limits at all on access to the hundreds of millions of license plate records its cameras have captured, including those owned by private individuals.

Mountain View is in California. And that’s only one problem with everything in this paragraph:

The city said its system was accessed by Bureau of Alcohol, Tobacco, Firearms and Explosives offices in Kentucky and Tennessee, which investigate crimes related to guns, explosives, arson and the illegal trafficking of alcohol and tobacco; the inspector general’s office of the U.S.. General Services Administration, which manages federal buildings, procurement, and property; Air Force bases in Langley, Virginia, and in Ohio; and the Lake Mead National Recreation Area in Nevada.

Imagine trying to explain this to anyone. While it’s somewhat understandable that the ATF might be running nationwide searches on Flock’s platform, it’s almost impossible to explain why images captured by a single camera in Mountain View, California were accessed by the Inspector General for the GSA, much less Lake Mead Recreation Area staffers.

This explains how this happened. But it doesn’t do anything to explain why.

They accessed Mountain View’s system for one camera via a “nationwide” search setting that was turned on by Flock Safety, police said.

Apparently, this is neither opt-in or opt-out. It just is. The Mountain View police said they “worked closely” with Flock to block out-of-state access, as well as limit internal access to searches expressly approved by the department’s police chief.

Flock doesn’t seem to care what its customers want. Either it can’t do what this department asked or it simply chose not to because a system that can’t be accessed by government randos scattered around the nation is much tougher to sell than a locked-down portal that actually serves the needs of the people paying for it.

And that tracks with Ron Wyden’s criticism of the company in the letter he wrote to Flock last October:

The privacy protection that Flock promised to Oregonians — that Flock software will automatically examine the reason provided by law enforcement officers for terms indicating an abortion- or immigration-related search — is meaningless when law enforcement officials provide generic reasons like “investigation” or “crime.” Likewise, Flock’s filters are meaningless if no reason for a search is provided in the first place. While the search reasons collected by Flock, obtained by press and activists through open records requests, have occasionally revealed searches for immigration and abortion enforcement, these are likely just the tip of the iceberg. Presumably, most officers using Flock to hunt down immigrants and women who have received abortions are not going to type that in as the reason for their search. And, regardless, given that Flock has washed its hands of any obligation to audit its customers, Flock customers have no reason to trust a search reason provided by another agency.

I now believe that abuses of your product are not only likely but inevitable, and that Flock is unable and uninterested in preventing them.

Flock just keeps making Wyden’s points for him. The PD wanted limited access with actual oversight. Flock gave the PD a lending library of license plate/location images anyone with or without a library card (so to speak) could check out at will. Flock is part of the surveillance problem. And it’s clear it’s happy being a tool that can be readily and easily abused, no matter what its paying customers actually want from its technology.

The DHS and its components want to find non-white people to deport by any means necessary. Of course, “necessary” is something that’s on a continually sliding scale with Trump back in office, which means everything (legal or not) is “necessary” if it can help White House advisor Stephen Miller hit his self-imposed 3,000 arrests per day goal.

As was reported last week, DHS components (ICE, CBP) are using a web app that supposedly can identify people and link them with citizenship documents. As has always been the case with DHS components (dating back to the Obama era), the rule of thumb is “deploy first, compile legally-required paperwork later.” The pattern has never changed. ICE, CBP, etc. acquire new tech, hand it out to agents, and much later — if ever — the agencies compile and publish their legally-required Privacy Impact Assessments (PIAs).

PIAs are supposed to precede deployments of new tech that might have an impact on privacy rights and other civil liberties. In almost every case, the tech has been deployed far ahead of the precedential paperwork.

As one would expect, the Trump administration was never going to be the one to ensure the paperwork arrived ahead of the deployment. As we covered recently, both ICE and CBP are using tech provided by NEC called “Mobile Fortify” to identify migrants who are possibly subject to removal, even though neither agency has bothered to publish a Privacy Impact Assessment.

As Wired reported, the app is being used widely by officers working with both agencies, despite both agencies making it clear they don’t have the proper paperwork in place to justify these deployments.

While CBP says there are “sufficient monitoring protocols” in place for the app, ICE says that the development of monitoring protocols is in progress, and that it will identify potential impacts during an AI impact assessment. According to guidance from the Office of Management and Budget, which was issued before the inventory says the app was deployed for either CBP or ICE, agencies are supposed to complete an AI impact assessment before deploying any high-impact use case. Both CBP and ICE say the app is “high-impact” and “deployed.”

While this is obviously concerning, it would be far less concerning if we weren’t dealing with an administration that has told immigration officers that they don’t need warrants to enter houses or effect arrests. And it would be insanely less concerning if we weren’t dealing with an administration that has claimed that simply observing or reporting on immigration enforcement efforts is an act of terrorism.

Officers working for the combined forces of bigotry d/b/a/ “immigration enforcement” know they’re safe. The Supreme Court has ensured they’re safe by making it impossible to sue federal officers. And the people running immigration-related agencies have made it clear they don’t even care if the ends justify the means.

These facts make what’s reported here even worse, especially when officers are using the app to “identify” pretty much anyone they can point a smartphone at.

Despite DHS repeatedly framing Mobile Fortify as a tool for identifying people through facial recognition, however, the app does not actually “verify” the identities of people stopped by federal immigration agents—a well-known limitation of the technology and a function of how Mobile Fortify is designed and used.

[…]

Records reviewed by WIRED also show that DHS’s hasty approval of Fortify last May was enabled by dismantling centralized privacy reviews and quietly removing department-wide limits on facial recognition—changes overseen by a former Heritage Foundation lawyer and Project 2025 contributor, who now serves in a senior DHS privacy role.

Even if you’re the sort of prick who thinks whatever happens to non-citizens is deserved due to their alleged violation of civil statutes, one would hope you’d actually care what happens to your fellow citizens. I mean, one would hope, but even the federal government doesn’t care what happens to US citizens if they happen to be unsupportive of Trump’s migrant-targeting crime wave.

DHS—which has declined to detail the methods and tools that agents are using, despite repeated calls from oversight officials and nonprofit privacy watchdogs—has used Mobile Fortify to scan the faces not only of “targeted individuals,” but also people later confirmed to be US citizens and others who were observing or protesting enforcement activity.

TLDR and all that: DHS knows this tool performs worst in the situations where it’s used most. DHS and its components also knew they were supposed to produce PIAs before deploying privacy-impacting tech. And DHS knows its agencies are not only misusing the tech to convert AI shrugs into probable cause, but are using it to identify people protesting or observing their efforts, which means this tech is also a potential tool of unlawful retribution.

There’s nothing left to be discussed. This tech will continue to be used because it can turn bad photos into migrant arrests. And its off-label use is just as effective: it allows ICE and CBP agents to identify protesters and observers, even as DHS officials continue to claim doxing should be a federal offense if they’re not the ones doing it. Everything about this is bullshit. But bullshit is all this administration has.

Technically — TECHNICALLY! — we still have a system that relies on three co-equal branches to ensure that any single branch can’t steamroll the rest of the system (along with the nation it’s supposed to serve) to seize an unequal amount of power.

Technically.

What we’re seeing now is something else entirely. The judicial branch is headed by people who are willing to give the executive branch what it wants, so long as the executive branch is headed by the Republican party. The legislative branch — fully compromised by MAGA bootlickers — has decided to simply not do its job, allowing the executive branch to seize even more power. The executive branch is now just a throne for a king — a man who feels he shouldn’t have to answer to anyone — not even his voting bloc — so long as he remains in power.

The courts can act as a check against executive overreach. But as we’ve seen time and time again, this position means nothing if you’re powerless to enforce it. And that has led to multiple executive officials telling the courts to go fuck themselves when they hand down rulings the administration doesn’t like. A current sitting appellate judge no less made a name for himself in the Trump administration by demonstrating his contempt for the judicial system he’s now an integral part of.

Only good things can come from this! MAGA indeed!

And while this is only one person’s retelling their experience of being caught in the gears of Trump’s anti-brown people activities, it’s illustrative of what little it matters that there are three co-equal branches when one branch makes it clear on a daily basis that it considers itself to be more equal than the rest of them. (via Kathleen Clark on Bluesky)

This is from a sworn statement [PDF] in ongoing litigation against the federal government, as told by “O.,” a Guatemalan resident of Minnesota who has both a pending asylum application as well as a Juvenile Status proceeding still undergoing in the US. None of that mattered to ICE officers, who arrested him in January 2026 and — within 24 hours — shipped him off to a detention center more than a thousand miles from his home.

O. was denied meals, access to phones, access to legal representation, stuffed into overcrowded cells, and generally mistreated by the government that once might have honestly considered the merits of his asylum application.

But the real dirt is this part of the sworn statement, which again exposes this administration’s complete disinterest in adhering to orders from US courts, much less even paying the merest of lip service to rights long considered to be derived from none other than the “Creator” himself.

ICE did not tell me that my attorney had been trying to call me and contact me while I was in Texas. They didn’t tell me my attorney Kim, had retained another attorney, Kira Kelley, to file a habeas petition on my behalf, or that a court had granted it and ordered my release. They just kept holding me there and occasionally trying to get me to self-deport.

[…]

I was put in a cold cell where I had to sleep on the bare cement floor. Around 10 in the morning my cellmate asked to speak to an ICE officer. Three officers came into the cell so I had a chance to speak to them too. One officer told me that I “had no chance of returning to Minnesota” and that “the best thing for [me] is self-deportation.” She told me that if I fought my case, I would spend two to three more months here in El Paso. She offered me $2600 to self-deport. I refused. I wanted to talk to my attorney. They didn’t tell me the judge had already ordered my release and return to Minnesota. If I hadn’t managed to talk to my attorney who told me a while back that I was ordered released, I might have given up at this point and signed the self deportation forms because the conditions were so unbearable.

So… you see the problem. A court can order a release. But the court relies on the government to carry out this instruction. If it doesn’t, the court likely won’t know for days or weeks or months. At that point, a new set of rights abuses will have been inflicted on people who should have been freed. When the government is finally asked to answer for this, it will again engage in a bunch of bluster and obfuscation, forcing the court system to treat the administration like a member of the system of checks and balances even when it’s immediately clear the executive branch has no desire to be checked and/or balanced.

While more judges are now treating the executive branch as a hostile force unwilling to behave honestly or recognize restraints on its power, the imbalance continues to shift in the administration’s favor, largely because it can engage in abusive acts at scale, while the court is restrained to the cases presented to it.

But if you’re outside of the system, you can clearly see what’s happening and see what the future holds if one-third of the government refuses to do its job (the GOP-led Congress) and the other third can’t handle the tidal wave of abuses being presented to it daily. The executive branch will become a kingdom that fears nothing and answers to no one. But the bigger problem is this: most Americans will see this and understand that this will ultimately destroy democracy. Unfortunately, there’s a significant number of voters who actually welcome these developments, figuring it’s better to lick the boots of someone who prefers to rule in hell, rather than serve the United States.

Border Patrol commander Greg Bovino has been sent back to the border after making himself the Nazi scum face of the Trump administration’s brutal efforts to purge this country of as many non-white people as possible.

Bovino made it clear what team he really wanted to play for before Trump was even sworn in for the second time. After Trump’s election win (but before Trump actually took office), Bovino self-authorized an expansive anti-migrant operation without bothering to check in with DHS leadership to make sure he was cleared to do this.

Trump is always capable of recognizing opportunistic thugs whose dark hearts are as corroded as his own. Bovino was swiftly elevated to an unappointed position as the nominal head of Trump’s many inland invasions of cities run by the opposing political party. Bovino embraced the role of shitheel thug, leading directly to court orders that attempted to restrain his brutal actions. Bovino appeared willing to ignore most court orders he was hit with, increasing his brutality and his public contempt of not only court orders, but the judges themselves, who he insulted during public statements to journalists.

After two murders in three weeks, the Trump administration started to realize it has lost the “hearts and minds” battle with most US citizens and residents. While ICE operations continue to be indistinguishable from kidnapping and the DHS is still ambushing migrants attempting to follow the terms of their supervised release agreements, Bovino has become the now-unacceptable personification of the administration’s bigoted war on migrants.

Bovino has been sent back down to the minors, so to speak. He’s been removed from high-profile surges in Chicago and Minneapolis and remanded to his former patrol area, which is much, much closer to the US border where there’s nearly no immigration activity happening thanks to the ongoing war on migrants.

Insubordination is fine as long as it doesn’t create friction Trump may have to eventually deal with. Bovino, however, is just as incapable of picking his battles as the president himself. Too many cocks spoil the broth, as the saying (almost) goes.

Thanks to a leaked email shared with NBC, we now know more about Bovino’s resistance to anyone anywhere who attempted to tell him what to do.

Bovino wanted to conduct large-scale immigration sweeps during an operation in Chicago in September, but the acting director of Immigration and Customs Enforcement, Todd Lyons, told him the focus was to conduct “targeted operations,” arresting only of people known to federal agents ahead of time for their violations of immigration law or other laws, according to the correspondence.

“Mr. Lyons seemed intent that CBP conduct targeted operations for at least two weeks before transitioning to full scale immigration enforcement,” Bovino wrote in an email to Department of Homeland Security leaders in Washington, referring to Customs and Border Protection, which oversees Border Patrol agents. “I declined his suggestion. We ended the conversation shortly thereafter.”

Keep in mind that Bovino is a Border Patrol commander who was working nowhere near the border. Also, keep in mind that ICE is the lead agency in any immigration enforcement efforts because… well, it’s in the name: Immigration and Customs Enforcement. This is Bovino not only giving the finger to the chain of command, but also insisting his agency (along with the CBP) take the lead in Midwestern apprehensions, despite neither agency having much in the terms of training for inland operations.

Speaking of chain of command, the commander of an agency that’s a component of the DHS made it clear he believed he didn’t have to answer to the DHS either, as Leigh Kimmons reports in their article for the Daily Beast:

The email also revealed a rather bizarre chain of command, with Bovino saying he reported to Noem’s aide, Corey Lewandowski, and appearing to defy Lyons’ authority. “Mr. Lyons said he was in charge, and I corrected him saying I report to Corey Lewandowski,” Bovino reportedly said of the unpaid special government employee.

This email makes one thing perfectly clear: Bovino appeared to believe he answered to no one. And he would only “report” to people he felt wouldn’t push back against his confrontational, rights-violating efforts. This probably would have never been a problem, but Bovino consistently crossed lines that even Trump’s high-level sycophantic bigots were hesitant to cross.

And now he’s the one who is experiencing the “find out” part that usually follows the “fucking around.” He’s been sidelined, perhaps permanently. Acting ICE director Todd Lyons is the new face of Trump’s inland invasions. Kristi Noem herself seems to be on the list of potential cuts, should the administration continue its on-again, off-again pivot to a less outwardly racist agenda when it comes to immigration enforcement.

But I’m not here to damn with faint praise or even damn with faint damnation. I hope Bovino’s last years as a Border Patrol commander are as terrible as his haircut. I hope Todd Lyons veers so far to the middle that Trump shitcans him. I hope Noem is on the path to private sector employment, tainted with the scarlet “T” that means any future version of MAGA won’t even bother to check in with her now that the only people she can make miserable are her own children. Adios, Bovino. Sleep badly.

I don’t understand sycophancy. Never have. I don’t know what it gets you in the long run other than a reputation for subservience. That’s worth nearly nothing in the open market. The only people who will hire you are people most people would never want to work for.

And yet, that is pretty much the entirety of the GOP under Trump: a massive collection of doormats the current president won’t even remember stepping on moments later. Sucking up to a goldfish brain like Trump makes you a fool, rather than the savvy pol you imagine yourself to be.

Welcome to the dom side of the sub/dom equation, Senator Marsha Blackburn. While she’s most famous here for trying to turn the internet into whatever the current iteration of the GOP wishes it to be (at least here at Techdirt), she’s stepped out of her comfort zone recently to publicly complain about a Supreme Court justice who attended an awards show where multiple people publicly criticized Trump’s anti-migrant actions.

Sen. Marsha Blackburn (R-Tenn.) called for an investigation Thursday into Supreme Court Justice Ketanji Brown Jackson for attending the Grammy Awards, where various artists criticized Immigration and Customs Enforcement (ICE).

[…]

“Americans deserve a Supreme Court that is impartial and above political influence,” Blackburn wrote on social platform X. “When a Justice participates in such a highly politicized event, it raises ethical questions. We need an investigation into Justice Jackson’s ability to remain impartial.”

First things fucking last, Justice Jackson was not a presenter, nor was she a “participant” in any of the ICE criticism delivered by Grammy-nominated artists like Bad Bunny, Billie Eilish, and Justin Vernon. She was also not involved in any way with the production of the Grammy Awards ceremony, further removing her from anything that might be deemed “impartial.”

But beyond any of that is the fact that Justice Jackson had a perfectly legitimate, non-political reason to be there:

Jackson was nominated in the Best Audio Book, Narration and Storytelling Recording category for her memoir “Lovely One.” 

Jackson didn’t win (she lost to the Dalai Lama which, if you’re going to lose, is probably a loss you’ll never complain about publicly) but she was nominated. That alone gave her a reason to be there. The anti-ICE content may have been personally enjoyable, but she wasn’t there to soak up the stuff being said by others.

Not that it matters to the performative doormats currently employed as GOP politicians. Sen. Blackburn immediately started banging away on her keyboard and decided to take her disgruntled Grammy Awards forum comments to the next level by sending them off to Chief Justice John Roberts:

I write today regarding recent reporting about Associate Justice Ketanji Brown Jackson’s attendance at the Grammy Awards in Los Angeles, California, on Sunday, February 1, and the ethical questions raised by her attendance at such a highly politicized event. For the following
reasons, I urge you to conduct a thorough investigation into Justice Jackson’s attendance at this event and whether her presence at such an event complies with the obligation that a Supreme Court justice “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”

While it is by no means unheard of or unusual for a Supreme Court justice to attend a public function, very rarely—if ever—have justices of our nation’s highest Court been present at an event at which attendees have amplified such far-left rhetoric. Many of the attendees wore lapel pins that read “ICE OUT,” an anti-Immigration and Customs Enforcement (ICE) adage. One Grammy winner that evening opened his acceptance speech by stating, “Before I say thanks to God, I’m going to say ‘ICE out,’” which was received with thunderous applause by the crowd. Another award recipient that evening noted in her acceptance speech that “No one is illegal on stolen land,” going on to say that “we need to keep fighting and speaking up and protesting . . . And f*** ICE, that’s all I’m gonna say.” These statements were just two of many polarized, highly charged anti-law enforcement sentiments from that evening. It is important to note that Justice Jackson was present in the audience throughout the event.

Wow. Harsh words from someone who couldn’t be bothered to speak up while Justice Clarence Thomas received millions of dollars’ worth of gifts from right-wing benefactors over the past two decades. She was oddly quiet when it was revealed Justice Thomas’s wife was pushing election conspiracy theories. Truly an unexpected amount of yelling from someone who had nothing to say when Justice Alito’s wife was flying pro-Trump flags at Alito’s home.

Oh. Wait. Blackburn has something to say about both of those things in this letter to the Chief Justice of the Supreme Court:

Unlike these meritless claims against Justice Alito and Justice Thomas, there are serious questions regarding Justice Jackson’s participation in such a brazenly political, anti-law enforcement event and her ability to remain an impartial member of the Supreme Court.

It was a Grammy Awards ceremony, not an anti-ICE protest. That people had negative things to say about ICE is completely expected, given how many people are opposed to how this administration is handling immigration enforcement. Blackburn absolutely knows she’s comparing apples to precision-machined aftermarket car parts. But like everyone else in this despicable political party, she doesn’t care and she knows it’s going to cause at least a small percentage of the converted to pretend to be offended on her behalf.

I assume John Roberts knows this as well. Let’s hope he’ll just roll his eyes and go back to binge-watching the kind of television I assume he enjoys: the no-one-asked-for-this 2023 reboot of Night Court.

Trump and his supporters clearly believe migrants have no constitutional rights. But that’s simply not true. They have the same rights as citizens for one truly obvious reason: a government could choose to declare certain people non-citizens in order to strip them of their rights. That would be highly problematic in a nation that’s almost entirely the result of immigration, which is why courts have routinely held that non-citizens have the same rights as citizens while on US soil.

That’s still the case, for the most part. The Fifth Circuit — fulfilling its role as the preferred US Supreme Court understudy — has chosen to ignore literally hundreds of rulings in favor of due process rights for immigrants to decide those no longer exist in the states most migrants detained by the government get sent to before being removed from the country.

Last November, the Trump administration’s efforts to eliminate due process rights had been rejected by more than 100 judges in more than 200 cases. A few months later — and with a full-press surge happening in Minneapolis, Minnesota — the number of rejections has spiked:

A POLITICO review of thousands of ICE detention cases found that at least 360 judges rejected the expanded detention strategy — in more than 3,000 cases — while just 27 backed it in about 130 cases.

While most of the mass deportation action is currently happening far north of the Fifth Circuit (which covers Louisiana, Mississippi, and Texas), arrested immigrants are often sent almost immediately to detention facilities closer to the southern US border. Texas is, by far, the most popular destination for ICE detainee flights.

The Fifth Circuit waited around until late Friday night to release this decision [PDF], presumably in hopes of seeing the backlash subside a bit before the judges were due back at the office. Steve Vladeck covers all the angles in his post on this abhorrent ruling, starting with how this is an insane conclusion to reach given that 3,000 cases around the country have upheld the same rights the Fifth Circuit has chosen to deny to any migrant with the misfortune of finding themselves in its jurisdiction.

Well, late Friday night, in a ruling handed down just two days after oral argument, a divided panel of the U.S. Court of Appeals for the Fifth Circuit adopted the extreme minority view—holding that, yes, the government can indefinitely detain without bond millions of non-citizens who have been here for generations; who have never committed a crime; and who pose neither a risk of flight nor any threat to public safety. The Fifth Circuit’s opinion was written by Judge Edith Jones and joined in full by Judge Kyle Duncan—two of the most reactionary, right-wing federal appellate judges in the country…

The obvious upshot of this decision is that ICE et al will be rushing detainees to Texas ASAFP to take advantage of this ruling.

As Aaron Reichlin-Melnick from the American Immigration Council noted last night, the Fifth Circuit’s decision will “fuel ICE’s push to transfer people to Texas immediately,” and it will put “even more pressure on plaintiffs and district courts outside the 5th Circuit. Unless the habeas is filed before a person is transferred to the 5th Circuit, a person may remain locked in appalling conditions, never even allowed to ask for bond.” All of that can be traced to another procedural technicality—the principle that a district court gains jurisdiction over a habeas petition if, but only if, it is filed while the petitioner is physically in that court’s jurisdiction. In other words, to avoid being subject to the Fifth Circuit’s decision (while it remains on the books), detainees arrested elsewhere would have to have someone file on their behalf before they’re physically transferred into the Fifth Circuit.

There’s still a chance that people arrested in, say, Minneapolis, Minnesota might be able to avoid the Fifth Circuit’s refusal to recognize their due process rights. But the denial of due process rights begins immediately in most cases, with ICE officers refusing to allow detainees to contact family members, much less seek legal representation. If ICE can get them on a plane headed south before anything is filed in local courts, the Fifth Circuit’s ruling will override whatever rights migrants might have still had access to in the states they were removed from.

An appeal of this decision is already in process. And while it’s concerning that this particular iteration of the Supreme Court will be handling it, it’s not a foregone conclusion that it will convert the Fifth’s ruling into nationwide precedent. Even at its worst, the Supreme Court has rejected a handful of Fifth Circuit rulings that cross the line into an open embrace of violent fascism. On the other hand, this version of the Supreme Court is far more prone to deliver wordless rubber stamps of appellate decisions it likes, so some caution is warranted.

This decision requires the most MAGA-coded judges in the Fifth to buy everything the Trump administration is selling. And what it’s selling is a brand new interpretation of the phrase “seeking admission.” Rather than limiting it to people crossing the border illegally, it applies this definition to any migrant who doesn’t have the proper paperwork, even if they arrived in this country decades ago.

The dissent, written by Judge Dana Douglas, makes it clear that this administration will do anything and everything that serves its racist desire to eject non-whites from the United States.

The Congress that passed IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act [1996]) would be surprised to learn it had also required the detention without bond of two million people. For almost thirty years there was no sign anyone thought it had done so, and nothing in the congressional record or the history of the statute’s enforcement suggests that it did. Nonetheless, the government today asserts the authority and mandate to detain millions of noncitizens in the interior, some of them present here for decades, on the same terms as if they were apprehended at the border.

Do you want to be this shitty, Judge Douglas asks the judges who pretended this sort of thing is OK as long as it’s Trump doing it.

The majority stakes the largest detention initiative in American history on the possibility that “seeking admission” is like being an “applicant for admission,” in a statute that has never been applied in this way, based on little more than an apparent conviction that Congress must have wanted these noncitizens detained—some of them the spouses, mothers, fathers, and grandparents of American citizens. Straining at a gnat, the majority swallows a camel. I dissent.

Hopefully this ruling will be reset by the Supreme Court or an en banc rehearing. But for now, the law of the land in three states that are willing to house ICE detainees says due process rights are only available in the 47 states the Fifth Circuit doesn’t control.

In the grand scheme of things — the wanton cruelty, the routine violations of rights, the actual fucking murders — this may only seem like a blip on the mass deportation continuum. But this report from Dell Cameron for Wired is still important. It not only explains why federal officers are approaching people with cellphones drawn nearly as often as they’re approaching them with guns drawn, but also shows the administration is yet again pretending it’s a law unto itself.

On Wednesday, the Department of Homeland Security published new details about Mobile Fortify, the face recognition app that federal immigration agents use to identify people in the field, undocumented immigrants and US citizens alike. The details, including the company behind the app, were published as part of DHS’s 2025 AI Use Case Inventory, which federal agencies are required to release periodically.

The inventory includes two entries for Mobile Fortify—one for Customs and Border Protection (CBP), another for Immigration and Customs Enforcement (ICE)—and says the app is in the “deployment” stage for both. CBP says that Mobile Fortify became “operational” at the beginning of May last year, while ICE got access to it on May 20, 2025. That date is about a month before 404 Media first reported on the app’s existence.

A lot was going on last May, in terms of anti-migrant efforts and the casual refusal to recognize long-standing constitutional rights. That was the same month immigration officers were told they could enter people’s homes while only carrying self-issued “administrative warrants,” which definitely aren’t the same thing as the judicial warrants the government actually needs to enter areas provided the utmost in Fourth Amendment protection.

The app federal officers are using is made by NEC, a tech company that’s been around since long before ICE and CBP become the mobile atrocities they are. Prior to this revelation, NEC had only been associated with developing biometric software with an eye on crafting something that could be swiftly deployed and just as quickly scaled to meet the government’s needs. This particular app was never made public prior to this.

ICE claims it’s not a direct customer. It’s only a beneficiary of the CBP’s existing contract with NEC. That’s a meaningless distinction when multiple federal agencies have been co-opted into the administration’s bigoted push to rid the nation of brown people.

As is always the case (and this precedes Trump 2.0), CBP and ICE are rolling out tech far ahead of the privacy impact paperwork that’s supposed to filed before anything goes live.

While CBP says there are “sufficient monitoring protocols” in place for the app, ICE says that the development of monitoring protocols is in progress, and that it will identify potential impacts during an AI impact assessment. According to guidance from the Office of Management and Budget, which was issued before the inventory says the app was deployed for either CBP or ICE, agencies are supposed to complete an AI impact assessment before deploying any high-impact use case. Both CBP and ICE say the app is “high-impact” and “deployed.”

This is standard operating procedure for the federal government. The FBI and DEA were deploying surveillance tech well ahead of Privacy Impact Assessments (PIAs) as far back as [oh wow] 2014, while the nation was still being run by someone who generally appeared to be a competent statesman. That nothing has changed since makes it clear this problem is endemic.

But things are a bit worse now that Trump is running an administration stocked with fully-cooked MAGA acolytes. In the past, our rights might have received a bit of lip service and the occasional congressional hearing about the lack of required Privacy Impact Assessments.

None of that will be happening now. No one in the DHS is even going to bother to apply pressure to those charged with crafting these assessments. And no one will threaten (much less terminate) the tech deployment until these assessments have been completed. I would fully expect this second Trump term to come and go without the delivery of legally-required paperwork, especially since oversight of these agencies will be completely nonexistent as long as the GOP holds a congressional majority.

We lose. The freshly stocked swamp wins. And while it’s normal to expect the federal government to bristle at the suggestion of oversight, it’s entirely abnormal to allow an administration that embraces white Christian nationalism to act as though the only holy text any Trump appointee subscribes to was handed down by Aleister Crowley: Do what thou wilt. That is the whole of the law.

I have to admit: the first one-and-a-half paragraphs of this CNN report had me thinking the Trump administration was shedding another pretense and just embracing its inherent shittiness.

Justice Department officials are expected to meet Monday to discuss how to reenergize probes that are considered a top priority for President Donald Trump — reviewing the actions of officials who investigated him, according to a source familiar with the plan.

Almost immediately after Pam Bondi stepped into her role as attorney general last year, she established a “Weaponization Working Group” …

We all know the DOJ is fully weaponized. It’s little more than a fight promoter for Trump’s grudge matches. The DOJ continues to bleed talent as prosecutors and investigators flee the kudzu-esque corruption springing up everywhere in DC.

But naming something exactly what it is — the weaponization of the DOJ to punish Trump’s enemies — wasn’t something I ever expected to see.

I didn’t see it, which fulfills my expectations, I guess. That’s because it isn’t what it says on the tin, even though it’s exactly the thing it says it isn’t. 1984 is apparently the blueprint. It’s called the “Weaponization Working Group,” but it’s supposedly the opposite: a de-weaponization working group. Here’s the second half of the paragraph we ellipsised out of earlier:

…[t]o review law enforcement actions taken under the Biden administration for any examples of what she described as “politicized justice.”

The Ministry of Weaponization has always de-weaponized ministries. Or whatever. The memo that started this whole thing off — delivered the same day Trump returned to office — said it even more clearly:

ENDING THE WEAPONIZATION OF THE FEDERAL GOVERNMENT

Administration officials are idiots, but they’re not so stupid they don’t know what they’re doing. They don’t actually want to end the weaponization. They just want to make sure all the weapons are pointing in one direction.

Trading in vindication hasn’t exactly worked well so far. Trump’s handpicked replacements for prosecutors that have either quit or been fired are a considerable downgrade from the previous office-holders. They have had their cases tossed and their careers as federal prosecutors come to an end because (1) Trump doesn’t care what the rules for political appointments are and (2) he’s pretty sure he can find other stooges to shove into the DOJ revolving door.

The lack of forward progress likely has Pam Bondi feeling more heat than she’s used to. So the deliberately misnamed working group is going to actually start grouping and working.

The Weaponization Working Group is now expected to start meeting daily with the goal of producing results in the next two months, according to the person familiar with the plan.

Nothing good will come from this. Given the haphazard nature of the DOJ’s vindictive prosecutions efforts, there’s still a chance nothing completely evil will come from this either. It’s been on the back burner for a year. Pam Bondi can’t keep this going on her own. And it’s hell trying to keep people focused on rubbing Don’s tummy when employee attrition is what the DOJ is best known for these days.

The two murders by immigration officers during Trump’s vengeful “surge” in Minneapolis, Minnesota have grabbed most of the headlines recently. And deservedly so. The violent rhetoric used by nearly every administration official — combined with a lack of training and the explicit understanding no one will be punished by Trump for whatever’s done in Trump’s name — has delivered a day-to-day purge of minorities that this government and its supporters continue to pretend is nothing more than good, solid (immigration) law enforcement.

But before those shootings turned the nation’s attention to Minnesota, hundreds of federal officers had been turned loose in other “Democrat” states. Because officers were encouraged — by arrest quotas and the administration’s portrayal of anyone from other countries as inherently dangerous — to succeed by any means necessary, they did… even if it meant filling people with bullet holes for being on the wrong side of Trump’s version of history.

In January, two Venezuelans were shot by ICE officers. The DHS immediately claimed this was a good shoot, considering how potentially violent these recipients of bullets were.

Yesterday, two suspected Tren de Aragua gang associates—let loose on American streets by Joe Biden—weaponized their vehicle against Border Patrol in Portland. The agent took immediate action to defend himself and others, shooting them. 

After fleeing, the suspects drove nearly five miles to an apartment complex and called emergency medical services. They were transported to separate hospitals. Luis David Nino-Moncada sustained an injury to the arm while Yorlenys Betzabeth Zambrano-Contreras was hit in the chest. Nino-Moncada is now in FBI custody. These individuals are not married.  

I’ve highlighted two things from this January DHS press release. Sure, it’s all bullshit but these two sentences need to be called out.

First, just because someone managed to cross the border doesn’t mean they were “let loose on American streets” by a presidential administration.

Second, what the fuck even is this? “These individuals are not married.” Who gives a shit? What bearing does this have on anything? Or are we so far down the white Christian nationalist rabbit hole that simply co-habitating a moving vehicle is justification enough for being shot by federal officers?

Any normal administration would never have included those two sentences, even if it wanted to push the narrative that the people who were shot were dangerous enough to justify the violent reaction. Throwing this shit into the mix is just how the Trump administration does business: like two kids piggy-backed in a trenchcoat, pretending to be a full-grown adult.

And that’s enough to let everyone know very little of what is being said is true. It’s a dog whistle for racism, sexism, and making-a-bunch-of-shit-upism that is meant to appease the Bigot in Chief and make MAGA’s collective panties so wet they should be asking FEMA for flood relief grants. (I’m paraphrasing Shoresy here.)

While that may look good on the permanent DHS press release record, it doesn’t look nearly as bully-smart (I’m coining that) as the people spewing it thinks it does when it runs up against the part of the government that isn’t so easily swayed by bigoted gibberish that’s interspersed with partisan attacks and non sequiturs.

Now that these shootings are being handled in court, the narrative (and I’m being extremely gracious here in treating this froth as the equivalent of an actual narrative) is disintegrating. It turns out prosecutors and investigators can’t actually back up these wild-ass DHS claims. Forced to rely on facts, the DOJ is finding out it doesn’t have many to work with.

During the border patrol stop, the driver, Luis Niño-Moncada, “weaponized their vehicle against” officers, DHS said, prompting an agent “to defend himself and others” by shooting the occupants. Zambrano-Contreras was hit in the chest, Niño-Moncada was hit in the arm and both were hospitalized, then taken into federal custody, DHS noted. The agents were uninjured.

But court records obtained by the Guardian reveal a Department of Justice prosecutor later directly contradicted DHS’s Tren de Aragua statements in court, telling a judge: “We’re not suggesting … [Niño-Moncada] is a gang member.” An FBI affidavit issued following the incident also suggests that in the previous shooting cited by DHS, Zambrano-Contreras was not a suspect, but rather a reported victim of a sexual assault and robbery. Neither Niño-Moncada or Zambrano-Contreras have prior criminal convictions, their lawyers have said.

This is just as sloppy as the quasi-gang database the DHS has been using as an excuse to send Venezuelans to El Salvador’s CECOT hell hole. There’s no investigation going on here. There’s just the DHS claiming that any Venezuelan it shoots or otherwise brutalizes is probably a Tren de Aragua gang member.

No doubt some prosecutors are going to get shit-canned for daring to oppose the DHS’s self-serving narrative in their sworn statements to judges. Given that the DOJ really can’t afford to lose many more of these, one wonders why this administration can’t simply provide a “no comment,” rather than immediately push narratives that it has to know will be contradicted once the facts arrive at the scene.

I mean, just stating what happened in whatever exonerative form you want to use (“officer-involved shooting”), followed by the assertion that the shooting is currently under investigation would be far better than what this administration chooses to do EVERY CHANCE IT GETS.

Whatever dubious charm these statements might have held during Trump’s blustery return to office has long worn off. I suspect even many of the MAGA faithful are getting a little tired of every incident being greeted by government statements that are long on hyperbole but short on facts. Sure, there are still a number of people so fully-cooked that they can’t achieve an erection without being lied to for paragraphs at a time, but given this constant onslaught of pure garbage in response to government violence, I have to believe some of the people who very definitely voted for this are rolling their eyes every time DHS front-mouth Tricia McLaughlin opens her mouth.