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|    Message 194,657 of 196,508    |
|    Liberals Kill Economies to All    |
|    Why this legal expert says the Minnesota    |
|    15 Jan 26 07:50:38    |
      XPost: alt.fan.rush-limbaugh, misc.legal, alt.politics.republicans       XPost: sac.politics       From: pos@liberals.cobs              Over the last several months, Chicago, Minneapolis and St. Paul have       seen a dramatic escalation in federal immigration enforcement along       their chilly streets, with agents arresting thousands – including some       US citizens – in neighborhoods, shopping centers, schools and at       protests.              The surge is the result of the Trump administration’s commitment to       cracking down on immigration, concentrated in Democratic-led cities, and       follows weeks of growing tensions between the federal government and       local Midwestern officials who have long implored for an end to the       operations.              Illinois and Minnesota, joined by their city counterparts, are now       separately pursuing legal action against the administration, filing       lawsuits Monday in federal courts over immigration enforcement they call       unlawful and unconstitutional.              A judge decided not to issue a temporary restraining order in the       Minnesota lawsuit during a status conference Wednesday morning, but said       her decision “should not be considered a prejudgment.”              The lawsuit presents “somewhat frontier issues in constitutional law,”       US District Judge Katherine Menendez said. A hearing has not yet been       scheduled in Illinois.              The road ahead for both suits appears dim, with their likelihood for       success small, one expert says.              Elie Honig, a former federal and state prosecutor and CNN senior legal       analyst, has closely followed the turmoil in Chicago and the Twin       Cities. Here, he breaks down the lawsuits, their merits and what’s next       in the courtrooms.              Some of the answers have been edited for length and clarity.              CNN: What are Illinois and Minnesota asking for from judges in their       lawsuits?              Honig: Fundamentally, both of these states are asking federal judges to       block Immigration and Customs Enforcement from enforcing immigration law       in their states and cities. There are variations between them, but       that’s the core ask. As a backup, both states ask the courts for some       sort of ruling or declaration that some of the tactics ICE is using are       unconstitutional.              CNN: What are the key differences between the lawsuits?              Honig: The main difference is that Illinois asks to block all ICE       activity in the state, whereas Minnesota phrases its ask as seeking to       stop this “surge” of officers. But pointing to the surge is legally       irrelevant, because whether you’re talking about a group of ICE agents       who are already there, or who were added after some point, the       fundamental ask is still the same. You’re still asking a judge to block       ICE from doing its job as it sees fit in your state.              CNN: What is the legal precedent for an ask like that?              Honig: None. There is no example, nor does either state cite an example       in their papers, of a judge prohibiting a federal law enforcement agent       from enforcing federal law in a given state. The reaction that we’ve       heard from various Minnesota officials, including Attorney General Keith       Ellison, when confronted with this lack of precedent and lack of case       law, is essentially, “Well, this is really bad, though. Well, this is an       invasion.” There is plenty of dramatic language in the complaints, but       that doesn’t change the legal calculus. You can’t just take a situation       that has no legal precedent and no legal support and say, “Well, yes,       but our situation is really, really bad, therefore we get to invent new       law.”              CNN: In your opinion, how strong do you think the states’ arguments are?              Honig: I think the arguments that both states are making, that ICE       should be blocked, either entirely or just the surge, are close to       completely meritless. Fundamentally, what they’re asking for is legally       completely unwarranted.              CNN: What do you think is the most likely outcome for each suit?              Honig: It’s so dependent on the judge here. But I think the best,       realistic scenario for the states is – if they get sympathetic judges       who decide to put ICE through its paces – maybe they call in ICE agents       as witnesses, or ICE officials as witnesses, probe into ICE’s training,       policies and tactics and issue some sort of declaration that ICE needs       to do things differently or better. Some sort of window dressing like       that is probably the best realistic outcome. There’s no way a judge is       going to say, “I hereby block you, ICE, from carrying out enforcement       activities.” And if a judge does do that, it’ll be reversed.              CNN: What are the legal principles at play here on the other side?              Honig: First, it’s the Supremacy Clause, which says that the state and       local authorities cannot block the feds from carrying out their federal       duties. And also Article Two, which gives the federal executive branch       the power to enforce federal law. Those are the legal theories that       really are in play here.              https://www.cnn.com/2026/01/14/us/illinois-minnesota-suing-trump-lawsuit              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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