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Halls of Shrewd'm / US Policy
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Author: albaby1 🐝 HONORARY
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Number: of 75964 
Subject: Re: January 6, Part Deux
Date: 02/04/26 12:06 PM
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You misunderstand what I am suggesting. I am suggesting that state police and national guard units police ICE enforcement actions. Arrest those agents engaged in the violation of state rights to habeas corpus.

How would that violate state rights to habeus corpus?

Habeus corpus is the right to have a judge review the conditions of your detention. It's a procedural guarantee. It's not the right to be free from detention in the first place.

And while ICE enforcement actions are obviously subject to after-the-fact judicial review (just like when the police arrest you), it's almost certain that virtually none of those agents are committing state crimes in effectuating those detentions. ICE agents have the right to detain people if they have either an administrative warrant or probable cause that they are in violation of immigration laws. State police and national guards don't have the right to second-guess those detention determinations on the fly. The people being detained have the right to challenge their detention, and undoubtedly some challenges will later be upheld - but that doesn't make the initial detention a crime committed by the federal agents.

This just doesn't work. State and local LEO's don't get to decide for themselves whether ICE has the right to detain someone.
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