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Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.

Still, Vikram Amar said, such #StateLaws can serve a larger purpose.

“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.

#Trump #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP #UseOfForce

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Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

The #law is “important & innovative,” they wrote, & “in keeping with the proudest tradition of #federalism.”

But it is, they added, both too narrow & too broad. It allows suits against only a subset of #federal ofcls, those engaged in #civil #immigration enforcement.

“It suggests that what you’re trying to do is influence #federal enforcement in an area of #policy that you disagree with, rather than trying to make sure everyone stays within the #Constitution,” Vikram Amar said in an interview.

Nonilex
Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp 3 days ago

As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.

Still, Vikram Amar said, such #StateLaws can serve a larger purpose.

“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.

#Trump #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP #UseOfForce

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Nonilex
Nonilex
@Nonilex@masto.ai  ·  activity timestamp 3 days ago

Some #states — including #California, #Maine, #Massachusetts & #NewJersey — have enacted laws along the lines that Prof Amar proposed, though they are largely untested, & #Illinois recently adopted one tailored to address the conduct of #ICE agents.

https://ilga.gov/documents/legislation/104/HB/PDF/10400HB1312enr.pdf

The IL #law says that lawsuits may be filed “against any person who, while conducting #civil #immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the #UnitedStates #Constitution.”

Nonilex
Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp 3 days ago

The #Trump admin promptly sued #Illinois, saying the #law violated the #Constitution’s #SupremacyClause, which generally prohibits #states from enacting measures at odds with #FederalLaw. Whether to allow lawsuits against #federal agents for violating the federal #Constitution, the admin’s complaint said, “is a policy choice for Congress.” [ridiculous]

Professor Amar said aspects of the IL #StateLaW might be problematic, but that its core idea is sound.

#UseOfForce #StatesRights #CivilRights

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