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this post was submitted on 11 Feb 2025
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Wasn't it pretty much always the case that the states couldn't prohibit federal immigration officers, its just that they gave absolutely zero help if they were resisting?
Edit: Oh, reading fail on my part " failing to comply with lawful immigration-related commands". I get it now. Can that even be legal? What authority does ICE have over a state police officer?
Zero authority. But it's a stress test. Can we get judges to go along? Juries? What can we get them to believe is a legal command? Can we get ICE into houses without warrants? Can we prosecute Mayors and Police officials for not providing data that is a request?
They're going to push as far as people let them push. This is why the Federalist Society has been trying to pack the courts with conservative judges for decades. Defense Attorneys are going to have to step up and stop plea dealing so much stuff. But that's a lot harder to do than to say because they're criminally under resourced and over worked. (Not metaphorically in some states) In a system where the default is a plea deal to get out of jail there's going to be a lot of convictions for things that aren't actually crimes. The entire reliance on plea deals was predicated on good faith prosecutions.
You're making the mistake of thinking they plan on obeying existing laws.