🚨Folks, I'm seeing A LOT of what I believe is misreporting regarding an order entered yesterday by Judge Thurston. Her ACTUAL order appears to be consistent with federal law: 1/
2/ So she is NOT saying they can't arrest without a warrant and it should be easy to prove "flight risk" on an individual basis...in fact that's precisely what ICE requires, which prompted Trump Administration to argue case was moot.
3/ So bottom line the ACTUAL order is merely what law requires & policy states, although the "comply with law" injunctions are disfavored. And entering an injunction requiring following of a policy NOT constitutionally required is problematic. That policy concerns documentation
4/4 Lots of screaming is merited by coup by court, but this decision isn't one meriting meltdown.
5/ I DO however think required reporting is questionable & potentially beyond Court's authority, but I'd need to think through that more. Here is full opinion so before assuming reporting on something Judge supposedly order is accurate, look for yourself. storage.courtlistener.com/recap/gov.usco…
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🚨🚨🚨BREAKING: On Sunday, @NCLAlegal on behalf of its clients, @FDRLST and @realDailyWire sent letter to Attorney General Bondi in response to President Trump's EO on censorship and Secretary Rubio's recent announcement of closing new censorship HUB is State Department. 1/
2/ The letter applauded the President's change in policy and efforts undertaken to protect First Amendment rights but noted ongoing concerns.
3/ As we explained, Secretary Rubio's recent announcement of shuttering of the new censorship hub actually validates our concerns that bureaucrats continued stealth efforts to target domestic speech in excess of their foreign remit.
🚨Judge just entered clarifying order in case of 2 year old American. Judge's clarification provides helpful context: In short, Judge sees factual dispute concerning whether mom wanted to take 2 year old or not & that is the Court's concern. 1/
2/ (Sorry got pulled away): Judge's comments & order make much more sense now AND if a legitimate habeas case, Judge seeking to make factual determination would be appropriate, although mom's letter has not been called into question by any of evidence.
3/ Problem though is this is not legitimate habeas case because Plaintiff lacks authority to act on behalf of child because there is no evidence dad has any authority to act on behalf of the child. Under Louisiana law, mom has all parental rights if dad & mom weren't married.
🔥My thoughts below were stream of conscious but after processing, I think it is a huge "discovery" I noted: In short, attorney originally referred to father of 2 year old as husband of mother but in court documents only called him "partner." 1/
2/ Under Louisiana law, if parents are NOT married at time of birth, then mother has all custodial and parental rights. Dad has to prove fatherhood (here proven by birth certificate) AND then obtain legal custodial/parental rights via court proceedings.
3/ So, if they weren't married as seems likely given court documents did not refer to him as husband, it seems very unlikely dad had any legal parental or custodial rights to 2 year old which would mean he couldn't give them to a Provisional Custodian.
Few additional points: Mother was in "custody" but ICE wasn't holding custody of 2 year old, but rather allowed mother to keep her 2 year old with her in the hotel in which was staying pending deportation. 1/
"2/ Second, the father is never referred to as the "husband" in the court filings and instead is referred to as the mother's "partner." That matters because LA statute speaks of either parent having "parental authority" during marriage.
3/ Now, I haven't researched scenario of non-marriage parental authority in LA, but ICE knows mom has parental authority. And nothing provided to ICE indicated dad had any parental authority & as such couldn't transfer it to 3d party.
🚨🚨🚨District court entered injunction barring Trump Administration from taking steps to implement president's determination that unions no longer represent certain employees based on federal statute Trump invoked: 1/