There are some in immigration scholarship - Abel Rodriguez has something forthcoming in Temple L. Rev. (The Necropolitics of Immigration Enforcement), and there's this by Eunice Lee! scholarship.law.upenn.edu/cgi/viewcont...
Also worth adding that officers misrepresenting their authority to enter a home (i.e. "you must let me in," "you're required to let me in under the law") itself invalidates consent to the search, under a line of cases going back to Bumper v. North Carolina.
"GOOD FUCKING RIDDANCE"
"Tonight was not our night. Tonight was Assemblyman Mamdani's night. I called him. I congratulated him." —Cuomo
NEW: The New York State Legislature passed a bill banning anonymous complaints to the state child abuse hotline. The change comes in the wake of a 2023 ProPublica investigation that showed how the hotline had been weaponized by people endlessly calling in baseless allegations against exes or rivals.
(I kept thinking I’d wait til the world was less awful to post this but am reminded that the world will always be the world and I find hope & meaning in imagining and working toward a better version of my little corner of it.) (3/3)
And ultimately argue that by focusing too heavily on how to shore up consent, we may miss opportunities to meaningfully reduce surveillance of race-class subjugated families. (2/3)
Out now, Family Regulation’s Consent Problem! In which I describe (some of!) the incredibly coercive & unconstitutional methods the state uses to extract families’ consent to home searches… columbialawreview.org/content/fami... (1/3)
"A reporter from @thecity.nyc had overheard one agent say to another minutes before Lander’s arrest, 'Do you want to arrest the Comptroller?'"
It’s not just that they normalize political violence. They also accuse the left of engaging in mostly imaginary violence, which gives unhinged right-wingers justification to “retaliate.”
Padilla: If this is how DHS responds to a senator with a question you can only imagine what they're doing to farm workers, to cooks, to day laborers out in the Los Angeles community and throughout California.
As NYWFP works to consolidate support around its slate of candidates, we're proud to rank @zohrankmamdani.bsky.social #1 🥳
To give voters clear guidance, we're ranking a full slate of 5 candidates. When we unite, we can defeat Cuomo & elect a mayor who fights for us. Let's get this done!
Thanks John!
SCOTUS rules, 7-2, that detainees the Administration suspects of being TdA members, and wants to deport under the Alien Enemies Act, need more notice that was given and cannot at present be deported. Kavanaugh concurs. Alito & Thomas dissent.
supremecourt.gov/opinions/24p...
Screenshot from The New Yorker: One morning a few weeks ago, I met de Blasio at his regular coffee shop in Park Slope. He had just come from the gym—the same one that he’d insisted on commuting to every morning from Gracie Mansion, no matter how much grief the press gave him for it—and was wearing sweats. He held forth among his fellow-patrons with a spirit of magnanimous, possibly unreciprocated camaraderie, greeting a startled man by the door with a familiar “How you doing, brother?” and ordering his breakfast (scrambled egg whites, cheddar, ham, and tomato on multigrain toast) as “mi sandwich especial.” These days, de Blasio most often makes the news for his love life or for such momentous moves as dyeing his salt-and-pepper crewcut. But he’s sensed a bit of de Blasio nostalgia creeping into town. “Since I left office, the No. 1 thing that people come up to me on the street and talk about is pre-K,” he told me, lacing his iced espresso with a heavy pour of simple syrup. “The No. 2 thing that people talk about is that Onion headline.” He quoted it for me, savoring every word: “Well, well, well, not so easy to find a mayor that doesn’t suck shit, huh?”
bill de blasio in park slope, ordering his breakfast sandwich as “mi sandwich especial” and quoting the onion headline omg
www.newyorker.com/magazine/202...
Anyway. Beware that if you say something to me in court, I may turn it into a 50k-word article. (An honor, really!)
As we increasingly acknowledge that the fam. reg. system is part of a carceral web, we can see how this view augments agency power & facilitates agencies' pathologization & punishment of poor families, Black, Latino, & Native families, disabled parents, & immigrant families.
What I found was her view of her job isn't anomalous--plenty of family regulation prosecutors see their role as representing agencies, not the public interest, as if criminal prosecutors represented the police, not the public interest. (...I know, I know. But here, we do away even w/ the pretense!)
She sought to separate the family even as she acknowledged her position was legally quite weak and it went against her own judgment as to what was "right" for the family. A wild position! One that reallllly made me want to figure out what, exactly, the job of a family regulation prosecutor is.
My paper, Prosecuting Families, is out! As with so many good ideas, it began when a prosecutor said something to me in court that enraged me--this time, "Don't blame me, Ms. Arons, I'm just doing my job!" as she sought to separate 2 tiny kids from their mom. scholarship.law.upenn.edu/penn_law_rev...
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK G.F.F.;* and J.G.O.;* on their own behalf and on behalf of others similarly-situated, Petitioners-Plaintiffs, V. DONALD J. TRUMP, in his official capacity as President of the United States; PAMELA BONDI, Attorney General of the United States, in her official capacity; KRISTI NOEM, Secretary of the U.S. Department of Homeland Security, in her official capacity; U.S. DEPARTMENT OF HOMELAND SECURITY; TODD LYONS, Acting Director of the Director of U.S. Immigration and Customs Enforcement, in his official capacity; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; MARCO RUBIO, Secretary of State, in his official capacity; U.S. STATE DEPARTMENT; WILLIAM P. JOYCE, in his official capacity as acting New York Field Office Director for U.S. Immigration and Customs Enforcement; PAUL ARTETA, in his official capacity as the Director of the Orange County Correctional Facility; Case No. 1:25-cv-02886 Respondents-Defendants. CLASS PETITION FOR WRIT OF HABEAS CORPUS AND CLASS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
8. This Court has subject matter jurisdiction under 28 U.S.C. § 2241 et seq. (habeas corpus), art. I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), 28 U.S.C. § 1346 (United States as defendant), 28 U.S.C. § 1361 (mandamus), and 28 U.S.C. § 1651 (All Writs Act). 9. The Court may grant relief pursuant to 28 U.S.C. § 2241; 28 U.S.C. § 2243; the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.; the All Writs Act, 28 U.S.C. § 1651; and the Court's inherent equitable powers. 10. Venue is proper in this District under 28 U.S.C. § 2241; 28 U.S.C. § 1391(b); and, 28 U.S.C. § 1391(e)(1) because at the time of the filing of this action the Petitioners were detained in the Respondents' custody within the Southern District of New York; a substantial part of the events and omissions giving rise to the claim occurred in this district; Respondents Joyce and Arteta reside in this district; and Respondents are agencies of the United States or officers of the United States acting in their official capacity.
PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully pray this Court to: a. Assume jurisdiction over this matter; b. Certify this action as a class action on behalf of the proposed Petitioner Class, appoint the Petitioners as class representatives, and appoint the undersigned counsel as class counsel; c. Grant a temporary restraining order to preserve the status quo pending further proceedings; d. Enjoin Respondents from transferring Petitioners out of this district during the pendency of this litigation; e. Grant a writ of habeas corpus to Petitioners that enjoins Defendants from removing them pursuant to the Proclamation; f. Enjoin Respondents from removing Petitioners pursuant to the Proclamation; g. Declare unlawful the Proclamation; h. Award Petitioners' counsel reasonable attorneys' fees under the Equal Access to Justice Act, and any other applicable statute or regulation; and i. Grant such further relief as the Court deems just, equitable, and appropriate.
ACLU filed a class habeas petition in the Southern District of New York following Monday's SCOTUS order that challenges to Trump's Alien Enemies Act proclamation must be brought in habeas. SDNY is where the two individual plaintiffs, at least when filed, were located. assets.aclu.org/live/uploads...
And I also discovered today that they don't know who Jason Biggs is. American Pie, a forgotten cinematic masterpiece!
My friend and former @nyulaw.bsky.social colleague @hdamonfeng.bsky.social has written an excellent and important piece in @slate.com highlighting more of the Trump administration’s cruelty.
slate.com/news-and-pol...
My favorite moment every year is when I have to describe what a "party line" is, and then disclose that in my rural childhood, my family had one...
@madeleinegyory.bsky.social highlights some regulatory changes reducing reproductive rights in the workplace that undermine recent legislation aimed at supporting pregnant workers, caregivers, and families.
Among the Trump administration’s ongoing assaults on lawyers is its very real threat to take away critical legal services from vulnerable kids. My write-up for @slate.bsky.social is below.
A small horror, among many - the federal Child Welfare Information Gateway has taken down its pages on racial disproportionality in the family regulation system. (& a moment to be grateful for @waybackmachine.bsky.social!)
Important people understand a part of the development of these projects is making sure the use case for the police is built in. We’re not getting ever more intrusive surveillance as a side effect of convenience but with the idea police departments etc will buy them for the purpose of surveillance.
Just another very normal day for New York's very normal mayor!
