61 Comments
User's avatar
Ken Bass's avatar

I'm a retired trial lawyer. I really want to emphasize that federal law permits CIVIL lawsuits against government agents who violate a person's constitutional rights. These are called "Section 1983" or "Blevens" lawsuits. They are civil actions that can be brought against individual government agents, meaning they cannot be erased by a pardon. It is time for the victims of these illegal and unconstitutional arrests to start filing legal actions against the agents who detained them, which will then deter ICE officers from following illegal orders from above, and will also develop evidence during discovery that could lead to such lawsuits against higher level officials.

Expand full comment
NubbyShober's avatar

Trump/GOP aren't deporting any more immigrants than Biden. They're just doing so in the most sensationalistic, cruel and obnoxious ways possible. Breaking or bending laws to create performative, made-for-TV moments for FOX News and RW media. All to titillate the Base. and somehow convince them that Trump is following through on his campaign promises.

Expand full comment
VALERIE MELUSKEY's avatar

Yes, this fact makes me worry that cruel and undeserved actions have been taken during the previous administrations (both Biden and Trump #1).

Expand full comment
NubbyShober's avatar

The GOP has a special talent for cruelty. While Biden's numbers were nearly identical to Trump1, that administration stopped putting kids in cages, and managed to get many of them reunited with their parents.

Trump1 *deliberately* separated children from their families *because* it was deemed a strong deterrent to illegal immigrants. The cruelty was the point; not a bug. At the time FOX News ran many segments defending the policy, because they argued the children were actually accompanying total strangers. That they were all "rent-a-kids," and that putting them in cages was a humane response, and not a virtual war crime.

But Trump2 should produce a raft of Section 1983 lawsuits; especially when *citizens* are illegally detained.

Expand full comment
VALERIE MELUSKEY's avatar

Yes, I remember that. I still hope we were vigilant enough.

Expand full comment
Muggi Films's avatar

Correct. But they are also deporting people based on their personal opinion and without due process of law, which is a threat to the rights of everyone, as the article shows.

Expand full comment
Rickey Woody's avatar

If these people can find the lawyers, that would be great. I think these large organizations and law firms could do the same to the current occupant of the Oval. He is defaming them at every opportunity and they should sue him into financial ruin.

Stephen Miller should be a target of this as well.

Expand full comment
VALERIE MELUSKEY's avatar

Thank you, we need information coverage that you are offering. [I came inn two hours late this morning, and find that you answer my plea.] I would like you and Judd to delve into the workings of " Section 1983" action that may be the most important tool everyone should learn how to implement.

Expand full comment
Lesly Harder's avatar

Could you also send this to Robert Reich and Heather Richardson so they can print this?

Expand full comment
Katy Bolger's avatar

Share this information!

Expand full comment
Annie's avatar

Great idea! Just another tool in our toolbox while fighting the fascists.

Expand full comment
Dorothy Stahr's avatar

Thanks for this. Is sharing okay?

Expand full comment
Ken Bass's avatar

Of course--share away!

Expand full comment
BTAM Master's avatar

It's just a huge red-meat con show. As long as folks who look different are suffering, the base is happy. American schools don't teach history, so we don't see ourselves becoming 1939 Germany.

Expand full comment
Karen Z's avatar

We are the Gestapo. Horrifying.

This is not the America of 6 months ago.

Expand full comment
Annie's avatar

My mother was a Jew and told me all about the gestapo. Had she lived in Germany instead of the US I most likely wouldn’t be here now. Thank god she did not live to see this happening HERE!!!

Expand full comment
Karen Z's avatar

I can’t believe we are watching this happen in the US! Unimaginable. Where did all this cruelty and hatred come from? Where do we go from here?

Expand full comment
Robot Bender's avatar

The hate has always been here, I'm afraid.

Expand full comment
Karen Z's avatar

IT seems to afflict us, to our detriment.

Expand full comment
Joseph Mangano's avatar

I am begging Democrats to take a stronger stance to protect immigrants and other members of marginalized communities. I know you're the minority party, but Chris Van Hollen going to El Salvador can't be the only visible attention you give to this issue.

Expand full comment
Marliss Desens's avatar

Today, four congressional representatives have gone to El Salvador.

Expand full comment
Henry's avatar

They, the administration, just can't help their incompetence, all they can do is hide it by not tracking or releasing any data, which they obviously haven't spent the time to keep track of, while they allow idiots to go out and stop any individuals that don't resemble white Anglo Saxons. There is a reason they are masked, and kidnap individuals with no interaction as they need to make quota's otherwise they lose their jobs. It takes an especially cruel individual to reconcile, day after day this type of illegal activity. This is the Trump persona and what the Trumpers' are all about. Law breaking, cruel, inhumane individuals... these are the ones that need to be apprehended, fined and jailed.

Expand full comment
Adam's avatar

"It takes an especially cruel individual to reconcile, day after day this type of illegal activity."

And that is the underlying theme.

Expand full comment
Mike McCabe's avatar

Kristy Noeum is appearing in commercials stating that they’ve deported “over a million criminals” and also telling anyone here illegally to voluntarily turn themselves in and they “might be able to return”. I bet those phones are ringing off the hook.

For me, everything this administration says is a lie until proven otherwise.

Expand full comment
Adam's avatar

Edit - "Everything this administration says is a lie until proven otherwise!"

Expand full comment
VALERIE MELUSKEY's avatar

You are good at distilling words that should be heard! [too, too many words everywhere--we need relief]

Expand full comment
Adam's avatar

Thank you Valerie. I consider it one of my ways to pay forward, give back and resist.

I'm also composing a template for letters to our more useless reps in order to spur them on to do their GD jobs and represent the will of the people, not just the people with more money.

Expand full comment
Adam's avatar

The cruelty pleases them. All of them. Those among us who only feel alive when making others wish they were dead.

Expand full comment
VALERIE MELUSKEY's avatar

Oh God! how unbearably true!

Expand full comment
Joseph McPhillips's avatar

Trump & Co 1st claimed Abrego Garcia was a Tren de Argua, then starts fabricating evidence the he's an MS-13 member, then he's just a "terrorist".

Trump is posting fabricated evidence of crime to justify obviously illegal deportations to a foreign gulag is immune as part of his official duties? https://open.substack.com/pub/deanobeidallah/p/trump-fabricating-evidence-to-imprison?r=aexlz&utm_campaign=post&utm_medium=email

Expand full comment
Adam's avatar

I saw that yesterday. Shades of the Dread Sharpie!

Expand full comment
Katy Bolger's avatar

When in school we learned that ships carrying Jewish refugees were turned back to sure death by the Nazis, we were appalled. Little Stephen Miller was mildly interested. When we learned of the cruelty of internment camps in the United States for Japanese-American citizens, we were ashamed. Stephen Miller thought, how economical. When "others" are targeted, especially others with a non-American religion, a skin color other than white, or speak a language not English, Stephen Miller thinks: how can I physically, mentally and seriously torture this entire group of people?

Stephen Miller has crawled his nasty self from the deep hole of our worst nature to the very top of the garbage heap. Look at little Stevie Miller getting back at all the representative bullies from grade school and high school. Stephen has a permanent scowl on his face, the scowl of the defensive, the boy who got picked on, but boy oh boy is he getting his payback now. Good thing he and Donnie both love their revenge together. Best friends!

Expand full comment
Marsha's avatar

I relied on The Convention Against Torture for a number of my cases when I was practicing immigration law. Lots of hard work but the evidence is often available to prove cases. Some day I fear those cases will be based on US practices - unless Trump destroys all of our historical proof.

Expand full comment
EcstaticRationalist's avatar

Make no mistake. Trump and his minions are rehearsing for the day when they feel they can send any opponent to their offshore gulags.

Expand full comment
E-Dub's avatar

I had seen the Atallah story, which was bad enough, but the Hermosillo story is chilling. It’s like reading Elmore Leonard, except he’s writing about the 40s/50s.

Expand full comment
E-Dub's avatar

James Ellroy, though Leonard would have appreciated the ugliness as well.

Expand full comment
SeekingReason's avatar

This is such horrendous tyranny. The longer it goes on, the harder it will be to eliminate. Why the hell hasn’t the US Marshal or military made arrests. There have NEVER been bigger violators of the Constitution. And they defy all 9 supreme court justices! ARREST ARREST ARREST!

Expand full comment
Laura Lund's avatar

Where is the outrage! These incidents should be on the front page of all the legacy media sources. To achieve the illusion of ‘security’, Americans are passively standing by and giving up their fundamental freedoms by failing to oppose the government's use of repressive stormtrooper tactics. Enough! Get loud!

Expand full comment
VALERIE MELUSKEY's avatar

Never has there been a time when we need to strengthen a functioning legal system more than now. Thank you for presenting a variety of true cases of abuse by "Federal Immigration Authorities." We can be thankful that "it is clear that the administration is falling 'short of the mass deportations… Trump vowed to carry out." This haphazard abuse by Customs and Border Patrol, and ICE agents reflects the lack of scrutiny, intelligent procedures, and care given to every matter under the aegis of Trump and Musk (and Russell Vought). As a fellow attorney, Judd, let us know how we can support our justice system and its honest adherents.

Expand full comment
Robert's avatar

Ken, Fabulous Information! Judd keeps us in the know & now… Your voice Ken helps all.

Everyone pass it around!

Expand full comment