this post was submitted on 12 Aug 2025
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You'd need courts that worked, then you'd need rulings that were enforceable, then you'd need a justice department that would enforce them, then you'd need a law enforcement group to back the enforcement action, then you'd need...
Well, you get the picture.
Civil process doesn't really rely on the same mechanisms. Unless you are convicted of something there is an extremely good chance you'll get a decent paycheck if you're willing to stick with it through all the bullshit they throw at you for years.
And we assume the SCOTUS will not apply Qualified Immunity in these types of cases to ICE because why?
Qi only applies if they were acting lawfully, no conviction means whatever they were after wasn't accurate and they then need to prove reasonability to get qi not vice versa.
There's actually lots and lots and lots of precedent for this type of thing.
Technically goes both ways
No, it doesn't. That's the point, it's asymmetric. The courts etc only work when those in power want them to work