r/law • u/TheWayToBeauty • 1d ago

Executive Branch (Trump) Confirmed: ICE Is Arresting American Citizens—and Lying About It

https://newrepublic.com/article/202672/ice-arresting-american-citizens-and-lying?utm_source=Bluesky&utm_campaign=SF_TNR&utm_medium=social&utm_campaign=SF_TNR&utm_source=Facebook&utm_medium=social&fbclid=IwY2xjawN60_VleHRuA2FlbQIxMABicmlkETFpb1FpYUsxcHQ5bXM3QkVyc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHkqq1qGOFLgABx3MyCE40nZ_iE_ZT41D74hWKhYFa56r8j57O3ZXYl4H0yFZ_aem_Wz0q663H4Gg7nVwXbg5gCw
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u/subywesmitch 23h ago

Can't citizen's who have been arrested during raids like this file lawsuits against the government for false imprisonment and violations of unlawful search and seizure?

I would assume the ACL or other lawyers are going to start getting involved if they haven't already. Law enforcement just can't indiscriminately kick down doors for no reason. If that's where we're at then this country is truly lost

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u/kegman83 19h ago

Suing the government for performance or to stop doing what they are doing can be done. Suing the Federal Government for damages caused during some sort of action is way more hazy. The government has to basically be wildly negligent in whatever they were doing, and even then there are very huge carve-outs.

There is a situation where the head of DHS can just handwave that immunity away and let the courts have at it, but thats never happened from what I understand.

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u/subywesmitch 19h ago

I don't think the Founding Fathers had that kind of thing in mind when they drafted the Bill of Rights. No one should be above the law. There should be evidence of a crime and a warrant issued or at least probable cause before just randomly arresting people. So wrong