In the United States, Immigration and Customs Enforcement, or ICE, is a unique legal entity with characteristics unlike any other, which thereby allow its powers to be abused unlike any other. Lawyers have long seen ICE as a threat to American democracy, and for good reason.
In this hopefully only special episode of Moon Channel, let me, an expert in the field, explain to you why ICE is so legally dangerous. This is not a matter of partisan politics: what ICE represents should concern us all.
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Chapters:
00:00 – Intro
02:22 – The Framers’ Greatest Fear
05:53 – The Constitution, Immigration, and Plenary Power
08:26 – Congressional Abdication and Executive Control
15:47 – ICE as an Anomaly of Law
20:49 – The Difference in Practice
25:49 – The Institutional Characteristics of a Secret Police
31:26 – Conclusion
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Moon Channel Radio — Music Playlist
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Additional Reading:
Please also watch and support this video by MinnMax, which is based in Minneapolis.
If ICE Visits Your Home, a Primer:
https://www.aila.org/library/client-flyer-know-your-rights
If ICE Comes to Your Workplace, a Primer:
https://www.aila.org/library/know-your-rights-if-ice-comes-to-your-workplace-for-employees-1
8 U.S.C. §1357:
https://uscode.house.gov/view.xhtml?req=(title:8%20section:1357%20edition:prelim)
IIRAIRA:
https://www.aila.org/library/text-of-iiraira
Secret Police Organizations and State Repression, Mehrl, Choulis:
https://eprints.whiterose.ac.uk/id/eprint/201033/21/mehrl-choulis-2023-secret-police-organizations-and-state-repression.pdf
Federalist Papers, No. 47
https://avalon.law.yale.edu/18th_century/fed47.asp
Chae Chan Ping v. US
https://supreme.justia.com/cases/federal/us/130/581/
Fong Yue. Ting v. US
https://supreme.justia.com/cases/federal/us/149/698/
Knauff v. Shaughnessy
https://www.law.cornell.edu/supremecourt/text/338/537
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Various Clips Used:
ICE citing law 111 and having zero clue what it is.
byu/B00marangTrotter inlaw
Pastor: I said to this ICE agent, 'Take me, stop harassing her.' The agent got in my face, pointed a gun at me, and said, 'Are you afraid now?' To which I said, 'I am not afraid.' The next thing I knew, they were putting handcuffs on me, and they put me in the back of an SUV.
byu/CantStopPoppin inminnesota
JD Vance on ICE agent who killed US citizen : “He is protected by absolute immunity. He was doing his job.”
byu/drempath1981 inlaw
ICE kidnapped 17 year old US citizen working at Target and dumped him miles away bloody and crying at a Walmart parking lot.
byu/Kristoff_Victorson inlaw
STEPHEN MILLER SAID ICE HAS IMMUNITY
byu/B00marangTrotter inlaw