Are ICE Agents In Minneapolis Breaking The Law?

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Fresh Air 44 min 5 speakers 8 chapters transcribed
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What are the legal implications of ICE operations in Minneapolis?

Unknown 0:01
NPR's podcast Trump's Terms is your source for same-day updates on big news about the Trump administration. Short, focused episodes, one topic at a time, about five minutes or so. We carry out reporting from across all of NPR's coverage, so you are always getting the biggest, most urgent stories. Listen to Trump's Terms on the NPR app or wherever you get your podcasts.
Terry Gross 0:23
This is Fresh Air.

How does the Insurrection Act relate to current events in Minneapolis?

Terry Gross 0:24
I'm Terry Gross. President Donald Trump has said he would institute the Insurrection Act in Minneapolis if the people he describes as professional agitators and insurrectionists continue attacking the patriots of ICE. There are now about 3,000 Department of Homeland Security agents, which includes ICE and Customs and Border Patrol, the CBP, in the Minneapolis-St. Paul region, to search for and deport immigrants here illegally. What does this say about President Trump and his administration?

What concerns do experts have about the militarization of law enforcement?

Terry Gross 0:55
How is this playing out in the courts? What does it mean for the First and Fourth Amendment rights of Americans to peacefully protest and express their opinions, and for our democracy? I have two guests who have been looking at these issues. Emmanuel Malion is a professor at the University of Minnesota Law School. He lives in the Twin Cities.

How has ICE's presence affected local communities in Minneapolis?

Terry Gross 1:14
He writes about the roles that police and other state security actors play in producing social, political and legal regimes of domination and subordination. He's a former fellow at the Brennan Center for Justice, where he focused on white nationalist domestic terrorism, hate crime policy, and police access to surveillance technology and military weapons. Elizabeth Goytin is Senior Director of Liberty and National Security at the Brennan Center for Justice. She is an expert on presidential emergency powers, government surveillance, and government secrecy.

What rights do individuals have when interacting with ICE agents?

Terry Gross 1:48
She's testified before Senate and House Judiciary Committees several times. We recorded our interview yesterday morning before it was confirmed that subpoenas were issued to Minnesota Governor Tim Walz, Minneapolis Mayor Jacob Frey, the state's Attorney General Keith Ellison, as well as the mayor of St. Paul and the Hennepin County attorney. The subpoenas are reportedly part of a Justice Department probe into whether state officials were conspiring to impede federal immigration law enforcement operations. Elizabeth Goytin, Emmanuel Malion, welcome to Fresh Air.

How is racial profiling being addressed in the context of immigration enforcement?

Terry Gross 2:24
I want to start with an overview, asking each of you to just like run through a list of some of the things that President Trump and his administration are doing that you find most confounding or legally out of bounds.
Emmanuel Malion 2:43
So as a scholar that studies primarily policing, criminal procedure, the rights that we have secured against the government in that realm, I'm certainly very concerned about violations of the Fourth Amendment, that's unreasonable searches and seizures, warrantless searches and seizures, certainly some Fifth Amendment due process violations of Invocations of the right to silence, violations of Miranda, certainly we've seen in the last month or so violations of access to counsel, for example. All of these things are fundamental rights which ensure the fairness and justice to the extent that they can of people's interactions with the criminal legal process and some civil legal processes. And to the extent that these are violated, it essentially robs individuals of the ability to have their fair day in court.

What are the historical roots of white nationalism in U.S. immigration policy?

Elizabeth Goitein 3:38
One of the things that concerns me the most is the way in which this administration is using the apparatus of the federal government to go after perceived political enemies. I'm thinking about, you know, canceling grants to states and to institutions, bringing prosecutions against those who the president perceives have wronged him based on flimsy charges, deploying the military. in cities and states that are led by people who, again, the president perceives as his political enemies. That kind of deploying the federal government against political enemies is a hallmark of authoritarian regimes, and it has major implications for basic First Amendment rights and for the functioning of our democracy.

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