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Can someone explain what this means or what they’re doing? All I know is that habeas corpus has something to do with you actually showing up in court, physically. It means something like “have the body,” in Latin (?)
They are challenging the legality of the imprisonment of people by ICE. When it is granted, ICE now needs to bring the prisoner before the court, which might help undisappear people, in conjunction with them having to prove they are legally justified to detain them.
I think they’re litterally getting people released because ICE knows they can’t justify it in court so they release them instead when there’s any pushback
I’m not a fan of optimism. Optimism and pessimism are both a form of vulgar fatalism — the belief that things are going to get better or worse irrespective of what we do. If I believed that, I wouldn’t get out of bed.
But I believe very much in hope. And hope is the belief that if you materially improve your circumstances, you will gain a new vantage point from which you will see things that you couldn’t see before.
Nice quote. What’s the origin?
Added to the original comment. Sorry about that!
No worries, thanks!
Corey Doctorow.
I think.
we have more power than they want you to realise, too 🙌
Hopefully we get to use it someday!
Improve your local community
Now. Use it now. That’s what the whole post is saying.
The problem is, even “10 people ordered released” is explicitly not the same thing as “10 people released” when the government just ignores the courts, which is what they’re doing. It’s not that hard to get the courts to agree that this is illegal, because it is. It’s much harder to get ICE to comply with the laws.
It’s great that he’s trying, but are any of these people actually released now? That’s the critical question. If they’re not actually being released, then all these things he’s doing and encouraging others to do is performative. And that’s the problem, people think they’re “helping” when in reality, it has gone beyond that. People need to understand how deep the corruption actually is and how much damage has already been done. The systems of democracy and justice we used to rely on are no longer reliable, and it’s counterproductive to still believe they are in the face of the evidence that reality is providing.
When all’s said and done, I’d rather have proof that ICE ignored 1000 orders than only ignored 10 and nobody challenged the other 990. It’s not one or the other, we can still use the court systems to create a trail of accountability while we also work to dismantle the systems being put in place to ignore the courts. As flawed and incomplete as the Nuremberg trials were, they only made it as far as they did because so much was documented by people who thought they’d never be held accountable for their actions. Every ignored court order is the chance to punish someone when they are no longer in power.
And besides, even if they only obey one out of every ten, that’s still worth the effort when the alternative is just not trying because people don’t think it’ll work.
That’s totally sensible, my issue is just with framing this as “10 people released”. If it actually is, great, fantastic. But if it’s not, it’s creating a false sense of progress that causes people to underestimate the problem and feel like it’s resolved when it’s really, really not.
Do you have evidence for either that these 10 orders were ignored or that there was some false sense of progress that coddled anyone to not do anything because of these 10 orders?
Resistance is not a monolith, it is not all or nothing. It is these shitty 10 orders AND all the other work that people are doing. There is nothing too small and too petty when it comes to resisting fascism. Every little thing raises the cost for the fascists, raises the friction. Remember that 1944 manual on Simple Sabotage? Raise the friction in every way possible. That’s the point.
So, sure say your reminder that “that’s not enough” but then move on and go do something petty to raise the friction the fascists face.
I agree with this. I just don’t want to forget that the people these petitions were filed for are probably still locked up and there’s no guarantee they’re going to get anything resembling justice yet.
Exactly, every court order you give is one they have to ignore, it’s one that further delegitimizes the regime. The goal is for the regime to struggle to enact its goals. It desires its people to be high energy, fully committed, and to be seen as essentially legitimate in order to make that happen. If they can’t be respected they want to be feared. Hero or villain they’re still a major character who gets their way. Deny them that.
You can tell what works by who they attempt to quickly and quietly stop. Lawyers can file lawsuits. Everyone can protest. People can organize their workplace and neighborhood. But also you can just drive 5 under whenever ice is active in an area. You can get their order wrong at a restaurant. Get in the habit of looking for plausibly deniable ways to deny them what they want.
This comment is also speculation is it not? We have evidence that the court ordered people to be released. We don’t have evidence that the order was ignored. Even in the cases where ICE/DHS have taken time to release people they drag their feet, maybe submit an appeal, but they have not outright ignored the order.
Huge asterisk of course because they did ignore orders when sending people out of country. But in terms of holding them domestically the largest delay I’ve heard was a week I believe where they were trying to get out of the court order through appeals.
Feel free to post evidence though, keeping up with the crimes of this administration is a full time job
Are you seriously arguing that we’re supposed to give ICE and this administration the benefit of the doubt? Why on Earth would you imagine the onus is on me to provide evidence? My comment is OBVIOUSLY speculation, I’m not pretending I’m involved, and that’s why I have zero interest in even attempting to provide or find any specific evidence, I sincerely doubt there is any. I’m saying I don’t trust ICE to follow through. I think that given they are the untrustworthy actor in this whole situation, maybe you should focus your disapproval on them instead of me.
Your (carefully hedged) claim that orders were not ignored and the largest delay is a week is absolutely offensively absurd on its face and makes me extremely dubious that you’re even arguing in good faith, and that’s why this will be my last reply to you, but in parting I will at least offer this small token of evidence to help other readers understand how full of shit you are.
The chief federal judge in Minnesota compiled a list of almost 100 different orders that had been violated in January alone. In one month. And he also correctly makes the point that it’s substantially understated. Fuck right off with your ICE apologism.
Most of the time, ICE does comply with court orders. There is a definite survivorship bias at play where stories of compliance don’t make the media, but stories of non-compliance do. The courts have been, and continue to be, a major thorn in the Trump administration’s side.
I watch pretty much all of legal eagles videos and from what they’ve been reporting it appears ice and dhs are ignoring the courts wholesale. The courts are starting to drag sitting US attorneys into court to testify because they have been ignoring court orders.
Where have you seen info of ice complying with orders because everything i’ve seen with my lying eyes says they aren’t.
Why would legal eagle report on cases where Ice complies? That would make some pretty boring content.
The numbers I can find for compliance failures are between 4k and 5k. That is a lot, but not in the context of the 3m+ deportations that Trump’s ICE has done.
I’m not trying to defend ICE here. Anything less than 100% compliance should result in prosecutions. I just don’t want to promote the false notion that legal action is useless.
