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ICE Has No Right to be in State Courthouses. Keep Them Out.

August 8, 2017 By long2024 5 Comments

ICE is making a lot of inappropriate arrests in state courts. here and elsewhere. But only because our elected and appointed officials let them. They have no right to be in a state courthouse. The state controls who can be there. It has the absolute right to do so, under the 10th amendment, so long as that doesn’t interfere with the basic rights of the people, such as freedom of speech of a public trial (and the right to a public trial is something the defendant always has a right to waive when it suits his/her interests). Regardless of the public’s general right to be there, the courts can always restrict otherwise lawful activities permitted in their courthouses. For example, most ban cameras and cell phones without prior permission.

So why not ban ICE? They have no legal right to be there. They are there only at sufferance of the state government. If they want to stand on a public sidewalk and arrest people, that’s their right. But the courthouse and its grounds can and should be restricted to legitimate court business only. Contact your legislators and ask them to prohibit ICE raids on our courthouses.

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petrlong2024ChristopherJimC Recent comment authors

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JimC
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JimC

Interesting question. I’m not sure I agree with the argument, though.

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2 years ago
Christopher
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Christopher

But you also have the supremacy clause of the US Constitution along with the federal government being specifically charged with enforcing immigration and naturalization, so while I sympathize on the merits it’s not open and shut constitutionally.

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2 years ago
long2024
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long2024

Yes it is. Feds can make whatever laws they want. This doesn’t stop them from doing that. It does stop them from using state property and resources to do it. Without a warrant, which ICE never has, they need the property owner’s consent or they’re not there legally.

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2 years ago
Christopher
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Christopher

That’s an interesting, and probably valid, argument. I’d never thought of a state having the right to demand a warrant for its property the way a private owner would.

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2 years ago
petr
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petr

It seems like the argument is that, lacking a distinct legal right means there exists, or should be made to exist, a distinct legal bar…. a slightly more contorted iteration on the absolutist power dynamic “everything not forbidden is compulsory.”

I don’t think it works that way.

On the issue of search warrants, the state does not ‘own’ the land. It is public property. We own it. The state can regulate use of it for public safety and other such concerns but cannot demand a warrant for access to it.

I don’t like what the ICE is doing. It’s probably ‘wrong’ in a moral/ethical sense. So don’t read this as a defense of their position. It may even be wrong in a legal sense, but without being a lawyer I wonder if the issues are less tangent to 10th amendment grounds and more having to do with habeus and due process? Those are tricky, and even more so with non-citizens…

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2 years ago
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CarlJohnson930Carl Johnson@CarlJohnson930·
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@MBTA @MassGovernor Why are we okay with this and why is there zero accountability? There have been multiple delays daily - for most people, if something they managed performed as poorly as the T does, they'd be fired. There needs to be some level of accountability #mbta #orangeline

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Let’s manage our anger by *smashing the fossil fuel industry*

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New bio after the president’s tweet about her:

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grumpygrumpyowl🦉grumpygrumpyowl@grumpygrumpyowl·
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WTF, @MassDEP - the soil is leaving the site uncovered, soil isn’t being washed from the trucks before they go on the streets. Workers don’t clean off before leaving the site.

And DEP, @ClimateKatie & @MassGovernor do not care #mapoli https://twitter.com/elfonsite/status/1204903511722463232

AshTheElf👀@ElfOnSite

We hear from our human friends that when they call or email @MassDEP or @MassEEA to get information on why TRC/Enbridge isn’t following any safety procedures when digging up & transporting the dirt. We never hear back. It’s almost like their boss has told them to freeze us out 😵 3

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GovInsleeGovernor Jay Inslee@GovInslee·
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Congratulations, @GretaThunberg. Extremely well deserved. But you deserve more.

You and your generation deserve swift, decisive and bold climate action.

We will keep fighting for that in WA. https://twitter.com/time/status/1204743717132914688

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vgmacVictoria McGrane@vgmac·
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The same week that Speaker Bob DeLeo called a report on safety issues at the @mbta “alarming,” plus all the orange line drama, the Legislature has decided to give LESS money than sought for the beleaguered T. https://twitter.com/SHNSMurphy/status/1204955364573229056

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I’m told the compromise drops the corporate tax “decoupling” and includes $32 million for MBTA, less than the $50 million sought by @CharlieBakerMA #mapoli

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