I realize judicial opinions can be exceptionally dull, but the judge's decision in this case is only 3 pages and well worth reading.
Our critic annotates the barbed wordplay of a decision challenging the Trump administration’s theory of executive power.
www.nytimes.com
A federal judge has ordered the release of 5-year-old Liam Conejos Ramos and his father from the South Texas Family Residential Center in Dilley, Texas, according to a ruling obtained by CNN.
www.documentcloud.org
Here's part of the opinion:
>>>The case has its genesis in the ill-conceived and incompetently-implemented government pursuit of daily deportation quotas, apparently even if it requires traumatizing children. This Court and others regularly send undocumented people to prison and orders them deported but do so by proper legal procedures.
Apparent also is the government's ignorance of an American historical document called the Declaration of Independence. Thirty-three-year-old Thomas Jefferson enumerated grievances against a would-be authoritarian king over our nascent nation. Among others were:
1. "He has sent hither Swarms of Officers to harass our People."
2. "He has excited domestic Insurrection among us.”
3. "For quartering large Bodies of Armed Troops among us."
4. "He has kept among us, in Times of Peace, Standing Armies without the consent of our Legislatures."
"We the people" are hearing echos of that history.
And then there is that pesky inconvenience called the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.
U.S. CONST. amend. IV.
Civics lesson to the government: Administrative warrants issued by the executive branch to itself do not pass probable cause muster. That is called the fox guarding the henhouse. The Constitution requires an independent judicial officer.<<<