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Chuck Darwin
Chuck Darwin
@cdarwin@c.im  ·  activity timestamp 2 days ago

Minnesota not so nice

Meanwhile Kristi Noem’s thugs continue their rampage in violation of the Fourth Amendment,

approaching random Somalis in the streets of Minneapolis
and demanding proof of citizenship
and tear gassing anyone who protests.

They’ve gone door-to-door asking residents to direct them to homes of their Hmong neighbors
— hardly the targeted enforcement operation Noem and McLaughlin brag about.

Over the weekend ICE detained #ChongLy “Saly” #Thao,
💥breaking down his door and reportedly refusing to look at proof of his US citizenship.

Agents paraded him out in his underwear and sandals,

despite the brutal cold and snow,
cuffed him in the back of their vehicle,
and only returned him more than an hour later.

This is unquestionably an arrest without probable cause,
much less a warrant,

and so McLaughlin was dispatched to fire off her usual volley of lies.

She claimed that Thao “lives with […] two convicted sex offenders at the site of the operation,”
“matched the description of the targets,”
and “refused to be fingerprinted or facially ID’d.”

In fact, the alleged sex offenders do NOT reside in the house,
where Thao lives with his family,
ALL of whom are US citizens.

Refusing to be fingerprinted does not constitute probable cause for an arrest,
as the Justice Department itself concedes.

And the 55-year-old only “matched the description”
insofar as Thao and the purported targets are all Hmong men
— DHS tweeted out their mugshots repeatedly as it tried to contain the fallout from having kidnapped a US citizen from his living room on live television.

💯This chaos falls squarely at the feet of the Supreme Court,
which has thus far refused to put a stop to it.

If there is a ray of hope to be found,
it lies in their very thin conservative skins.

After vicious criticism of his
“Kavanaugh stops,”
Kavanaugh joined the majority in December
to bar Trump from federalizing the Illinois National Guard.

We can only hope that they find the moral opprobrium so unpleasant that they course correct before it’s too late.

(3/3)
https://www.publicnotice.co/p/dhs-violating-fourth-amendment

Kristi Noem's assault on the Fourth Amendment

Thanks, Brett Kavanaugh.
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Chuck Darwin
Chuck Darwin
@cdarwin@c.im  ·  activity timestamp 2 days ago

Kavanaugh, stop!

The government cannot rely on "reasonable suspicion"
to justify taking an individual into custody.

But six conservative Supreme Court justices have sufficiently muddied the waters
that most people won’t know DHS is lying when it claims that
“the Supreme Court has already vindicated us on this position.”

That’s an apparent reference to a shadow docket ruling in a case called
"Noem v. Vazquez Perdom",
which overturned an injunction blocking DHS from making what are effectively Terry stops based on racial stereotypes.

In its raids on Los Angeles,
DHS raided car washes, factories, and places where immigrants tend to congregate,
barring the door,
and demanding proof of citizenship from every non-white person.

This is clearly racial profiling,
since the detentions weren’t based on reasonable suspicion that any individual present was undocumented
— it was a pure demographic classification.

But in 1975,
the Supreme Court held that driving while Mexican near the border did NOT constitute reasonable suspicion to detain someone and inquire about their citizenship.

So Judge Maame Frimpong barred the government from using a person’s race,
language, job, or location
“alone or in combination”
as a basis for
“detentive stops in this District
unless the agent or officer has reasonable suspicion that the person to be stopped is within the United States in violation of US immigration law.”

The Trump administration raced to the Supreme Court,
as is its habit.

And the six conservative justices bailed him out again, as is their habit.

Five of those justices were smart enough to remain silent on their reasoning,
since it’s better to be thought a racist than to open your mouth and confirm it.

Only Justice #Kavanaugh was oblivious enough to shout to the world that the Supreme Court was legalizing racial profiling.

He said it was merely “common sense” that non-white people who
“work in certain kinds of jobs”
are probably undocumented.

Kavanaugh fantasized about a cheerful exchange where ICE agents
“briefly stop the individual and inquire about immigration status.”

“If the person is a US citizen
or otherwise lawfully in the United States,
that individual will be free to go after the brief encounter,”
he blathered.

“Only if the person is illegally in the United States may the stop lead to further immigration proceedings.”

This was preposterous back in September,
when the country had only witnessed DHS’s invasion of Los Angeles and Portland.

But five months of ICE snatching random brown people off the street,
including many US citizens,
highlights the cruelty of Kavanaugh’s facile characterization.

(2/3)
https://www.publicnotice.co/p/dhs-violating-fourth-amendment

Kristi Noem's assault on the Fourth Amendment

Thanks, Brett Kavanaugh.
Chuck Darwin
Chuck Darwin
@cdarwin@c.im replied  ·  activity timestamp 2 days ago

Minnesota not so nice

Meanwhile Kristi Noem’s thugs continue their rampage in violation of the Fourth Amendment,

approaching random Somalis in the streets of Minneapolis
and demanding proof of citizenship
and tear gassing anyone who protests.

They’ve gone door-to-door asking residents to direct them to homes of their Hmong neighbors
— hardly the targeted enforcement operation Noem and McLaughlin brag about.

Over the weekend ICE detained #ChongLy “Saly” #Thao,
💥breaking down his door and reportedly refusing to look at proof of his US citizenship.

Agents paraded him out in his underwear and sandals,

despite the brutal cold and snow,
cuffed him in the back of their vehicle,
and only returned him more than an hour later.

This is unquestionably an arrest without probable cause,
much less a warrant,

and so McLaughlin was dispatched to fire off her usual volley of lies.

She claimed that Thao “lives with […] two convicted sex offenders at the site of the operation,”
“matched the description of the targets,”
and “refused to be fingerprinted or facially ID’d.”

In fact, the alleged sex offenders do NOT reside in the house,
where Thao lives with his family,
ALL of whom are US citizens.

Refusing to be fingerprinted does not constitute probable cause for an arrest,
as the Justice Department itself concedes.

And the 55-year-old only “matched the description”
insofar as Thao and the purported targets are all Hmong men
— DHS tweeted out their mugshots repeatedly as it tried to contain the fallout from having kidnapped a US citizen from his living room on live television.

💯This chaos falls squarely at the feet of the Supreme Court,
which has thus far refused to put a stop to it.

If there is a ray of hope to be found,
it lies in their very thin conservative skins.

After vicious criticism of his
“Kavanaugh stops,”
Kavanaugh joined the majority in December
to bar Trump from federalizing the Illinois National Guard.

We can only hope that they find the moral opprobrium so unpleasant that they course correct before it’s too late.

(3/3)
https://www.publicnotice.co/p/dhs-violating-fourth-amendment

Kristi Noem's assault on the Fourth Amendment

Thanks, Brett Kavanaugh.
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  • Flag this comment
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