Shutdown Over ICE: The Policy

 

With that being said, here is the problem.  I am all for a government shutdown of Homeland Security.  Less clear -- the ask.  Is there anything at all Democrats in Congress can do that will make a difference?  

I have heard a wide range of proposals offered for how to reign in La Migra.  But that is not the problem.  There are already all sort of laws on the books constraining La Migra.  La Migra is simply ignoring the laws, confident that there will be no consequences. So sure, there is no harm in passing more laws to reign La Migra in, but I don't see what good can come of it.  There have to be some sort of consequences.

The usual form of consequences is to use to power of the purse strings -- threaten their budget.  But that won't work in this case.  The One Bloated Barbaric Bonanza gave $170 billion for border enforcement, including $75 billion to ICE to be spent over the next four years.  By contrast, proposed budget for the entire Department of Homeland Security $65 billion.  Indeed, one article I saw (can no longer find) suggested that Republicans gave such an excessive amount precisely because they expected Democrats to cut off funding and wanted to prevent such an outcome.

Kristi "ICE Barbie" Noem

Others have proposed to impeach Kristi Noem.  Again, I see no particular harm in impeaching Ice Barbie, but no benefit to it, either.  ICE Barbie is nothing but a (purportedly) pretty face on an ugly reality.  The real power behind the throne is Stephen Miller and is wholly unrealistic quota of 3,000 arrests a day, which cannot be met without blatant illegality.  And Miller is not going anywhere.  He is the White House Deputy Chief of Staff for Policy, a position not requiring Senate confirmation. (Possibly Trump feared that even this Senate might not confirm him).  Presumably White House personnel who serve at the complete discretion of the President without the need for Senate confirmation are not subject to impeachment.  And the Atlantic ran an article pouring cold water on any hopes that Miller might be fired. Not only is he a supremely competent manager (a rare thing for this team and therefore important to keep), but his colleagues generally like him and find him easy to work with.  Miller will not be facing the sort of revolt that ousted Elon Musk.

The only other way I can think of imposing consequences is to create individual civil liability for any agent violating people's rights, or, if the agent cannot be identified, the commanding officer in the field.

PS: Actually, I can think of one thing that could possibly make a difference, although I don't know if we can ever get Republicans to agree to it.  And that is to attack La Migra from the other end -- the court and prison end.  Make it much harder for the President to replace immigration judges for not following his wishes, a blatant violation of separation of powers anyhow.  And require bond so long as the detainee does not have a criminal record, has significant ties to the community, and has any plausible claim to be allowed to stay.  It won't stop ICE outrages.  But it will soften the damage they cause, if most of the people arrested can be released relatively soon.  And it will mean more witnesses running around with a story to tell. And that will create at least some degree.

PPS:  At least one of the things that is driving this is Steve Miller's quota of 3000 arrests a day, which cannot be done without complete thuggery.  Even worse, ICE agents are rewarded for their number of arrests, even if the arrestee is later cleared and released.  Maybe find some way to disallow this.  I had some thought of introducing some sort of disincentive for wrongful arrests, but that would probably just lead to more cover ups.  But at least find a way to disallow rewarding number of arrests regardless.

PPPS:  Other suggestions:  An express statement that Migra officers are subject to prosecution under state law for murder, mayhem, and perhaps a few other very serious offenses.  A ban on the Border Patrol taking part in internal enforcement.  An express statement that La Migra may not enter private areas without a judicial warrant and that an administrative warrant is not sufficient.  Hard guidelines on the use of force.  An affirmation that the public has the right to file Migra actions and protests outside of Migra facilities, perhaps with sone sort of rule about the distance they must keep and an acknowledgement that getting too close can be obstruction.

Of course, good luck getting this past the Republicans.

PPPPS: Maybe a requirement that a "Kavanaugh stop" actually follow the rules the Justice Kavanaugh suggested.  In the absence of even an administrative warrant, if a Migra officer makes a stop based solely on "reasonable suspicion," the officer must give the person being stopped a reasonable opportunity to present proof of citizenship or legal residence, and allow anyone producing such proof to leave.  Then give a list of what must be deemed proof of citizenship or legal residence.  It won't stop "papers, please," but at least it can limit that to an annoyance for actual citizens or legal residents.