Kelley filed an emergency petition asking for Tipan Echeverria and his daughter’s release around 5:37 p.m. Thursday, less than five hours after they were taken into ICE custody, the affidavit states. About 40 minutes later, she filed a motion asking a judge to stop the transfer of Tipan Echeverria outside Minnesota and to order the release of the child.

Over the next several hours, Kelley placed numerous calls to ICE counsel to bring their attention to the filings, but said she did not receive a response.

At 8:11 p.m. on Thursday, U.S. District Judge Kathy Menendez enjoined ICE from removing the father and child from Minnesota. She also issued an order to release the child to the family’s attorney no later than 9:30 p.m., citing “irreparable harm” of keeping her in custody, the affidavit states.

ICE informed the court after the fact that Tipan Echeverria and his daughter had been placed on a commercial flight to Texas at 8:30 p.m.

Bold to test a judge’s willingness to apply sanctions.

  • OhStopYellingAtMe@lemmy.world
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    If some masked agents took my kid away and flew them to another state I’d go on a goddamn murderous rampage until they were returned. And I am a pacifist.

  • Bwaz@lemmy.world
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    Does NO ONE in this administration get in any trouble for openly ignoring judicial orders??

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        Interesting rabbit hole I went down looking into this - there is no enforcement arm of the judicial branch that can operate without coordination with other agencies under the DOJ (US Marshals Service). It is like this by design, though even early on the framers recognized the inherent flaw in the case that the executive branch itself is the transgressor.

        It has historically been institutional norms and the will of the people that allowed this to continue unchallenged, so we now find ourselves in the midst of live-fire scenario to test individual loyalties versus oaths to the Constitution.

        • Corkyskog@sh.itjust.works
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          7 hours ago

          I have always thought that both Judicial and Congress should have its own police type force. Its always seemed ridiculous to me that the executive can just go “and what are you going to do about it”?

          • lando55@lemmy.zip
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            While I don’t necessarily disagree with you, the argument is nuanced; fundamentally it comes down to the fact that if our system of government has failed to the point where executives in power can flagrantly violate the law without consequence, the idea of a self-governed democratic republic has failed.

            In the case mentioned above wherein each branch maintains its own enforcement agency, a realistic scenario would likely be an inter-governmental arms race, siphoning funds from the budget to ensure no single branch or agency amasses the power necessary to seize control.

            Maybe the answer is an independent, apolitical branch of government charged with law enforcement. I can think of many reasons for not going down this road, however.

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        With the current president, that wouldn’t solve anything. And seeing how he’s probably going to be president for life, I don’t see how this is going to be better anytime soon.

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    That’s so fucked up. They’re forcibly displacing children not just without legal authority but also in direct contravention of a judicial order…

    Sometimes I wish hell were real, precisely for these scenarios.

    • Sunflier@lemmy.worldOP
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      People could make it real for them now. It is very difficult for an ICE vehicle to move with slashed tires.

      • wonderingwanderer@sopuli.xyz
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        Not exactly the same as being boiled in a kettle of hot oil while being prodded with a trident before being flayed alive and subsequently doused in sulfuric acid on repeat for all eternity, but close enough…

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    Nothing suspicious about an administration run by a dude who’s into child trafficking kidnapping children and sending them away so they’re never seen again.

  • BradleyUffner@lemmy.world
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    I’m surprised they didn’t end up releasing her alone in a Walmart parking lot, in a different state, at 3am.

  • Phoenixz@lemmy.ca
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    Bold to test a judge’s willingness to apply sanctions

    What sanctions?

    But a judge said…

    I DGAF what a judge said, it’s the same as “my grandmother said…” because they are both willing and able to place the same amount of sanctions. Judges say shit but so far haven’t done shit, so right now if a judge makes a judgement, why would I care? It’s just empty words with zero meaning

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    Eh, until one of these judges actually imposes sanctions I’m not impressed by their boldness.

    Honestly the judiciary should have someone on standby to approve these requests to bar ICE from whisking detainees away from justice. 2.5 hours is a pretty good turnaround for justice, but frankly insufficient until ICE stops manipulating the justice system.

  • pelespirit@sh.itjust.works
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    Can I just say, that if you’re okay with any of this, you suck. That especially goes to the POS that say they like his immigration policies but don’t like how expensive everything is. Fuck you. A 2 year old was kidnapped and sent away and will probably disappear.

    • P1nkman@lemmy.world
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      My Norwegian mother, Bourne and raised in Norway and lived there her entire life, says that the killing of Good was a necessary evil in order to get the Somalis. My mother sucks so sad… I hope she dies soon.

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        My classmate in MN is Somali and he’s the absolute sweetest person in the world. He’s a scientist now. He went through absolute hell to get here and is the kindest most driven American…

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        I’m not sure how well this generalizes, but some of the most racist people I’ve ever talked to were Scandinavian (in their own country). Talking to them was jaw-dropping, even compared to the US South.

        Edit: to clarify, this seemed to be a small minority of the people.

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          Unfortunately the far right is on the rise here as well. A party founded by literal nazis in the late 80’s is now the second biggest party in Sweden for example.

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          The US is not even close to the most racist/xenophobic countries/cultures on the planet. It’s just that a lot of Americans without much experience actually living in different countries/cultures, or paying attention to their news, think that the worst they hear about here, is the worst there is.

          Sports events elsewhere have literally been delayed due to racism, lol.

    • Whostosay@sh.itjust.works
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      It goes a little beyond suck. They’re straight up evil. There’s no longer any sort of benefit of the doubt, excuse, explanation, anything. It’s downright evil.

  • CharlesDarwin@lemmy.world
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    So, I guess the five year old wasn’t enough, ICE wanted to top themselves by being even more monstrous by kidnapping a two year old.

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      These “kids” are the worst of the worst! They don’t eat their vegetables, and that two year old is always screaming about something. Truly terrible people. To the gulags, you little shits! /s

      But seriously, what the fuck is the point in detaining children? I highly doubt they have somewhere to hold them that’s even remotely appropriate for children. If we make it through this, we’re going to have a generation of seriously traumatized kids.

    • nomy@lemmy.zip
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      It’s not like this is them warming up the machine for harvesting children for the Secret Satanic Pedophile Ring that Secretly Controls MAGA.

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    I sympathize with the situation, but it’s scummy/clickbait-y of the headline to imply the kid was transported apart from any family members. It would have been trivial to add “and her father” to the headline, but it was deliberately omitted to influence the emotional response.

    That’s not respectable journalism.

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      I’m sure there’s already many sources tracking this stuff. The issue is that nothing is happening to the people doing the bad stuff.

      For what purpose do you think a blog tracking this would be useful? So you can link the stories to people in power or their supporters who don’t care? Because anyone who did care by now has already had hundreds of opportunities to see incidents like this in the media.

      • Headofthebored @lemmy.world
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        People who watch Fox News and the like are never shown things like this. They are only given stories about alledged violent criminals being captured, when that is only a tiny fraction of the people being deported. The vast majority actually being people simply trying to provide for their families who have no criminal history, innocent children, people granted legal asylum, people with valid work or tourist visas, and even people actually going through immigration court to obtain legal citizenship.

        • Deceptichum@quokk.au
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          People who watch faux news aren’t going to read a blog that goes against their perceived reality. Such a blog would never reach their eyes, and if it did they would close them.

      • DarkSideOfTheMoon@lemmy.world
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        For historical reasons. One day all of this will pass and we need to look back and able to filter out the noise. Not to link, but just to organize and catalog