Why the D.H.S. Disaster in Minneapolis Was Predictable
On Tuesday, in the face of mounting national outrage, the Administration came as close as it could to admitting fault without actually doing so. The President demoted Greg Bovino, the commanding agent in charge of the roving patrols that have besieged Los Angeles, Chicago, Charlotte, and Minneapolis. The night before, according to the Times, Noem had to defend herself in a two-hour meeting at the White House. Miller wasn’t there—“he knows just how and when to disappear,” a former colleague once said. But he has since acknowledged that the two agents involved in the Pretti shooting “may not have been following” protocol.The idea that this response would be enough to temper the political fallout from Operation Metro Surge is a sign of the unbridled impunity that reigns in the White House. Three thousand federal agents remain in Minnesota. A parallel operation, run by Citizenship and Immigration Services—the D.H.S. agency responsible for administering the legal-immigration system—has targeted fifty-six hundred refugees in the state for potential “fraud.” The federal government had previously granted these people legal status. But more than a hundred of them, according to a lawsuit by the International Refugee Assistance Project, were arrested by ICE and sent to jails in Texas, where they were re-interviewed, as though the legal process they’d already gone through meant nothing.No other aspect of Trump’s crackdown has shown any sign of changing, either. D.H.S. agents in masks and unmarked vehicles have been abducting immigrants with legal status and detaining and harassing citizens who look or sound as though they might not be U.S.-born. A recent ICE memo, obtained by the Associated Press, stated that agents can now enter people’s homes to make arrests without a warrant from a judge. The agency has always relied on administrative warrants, signed by its own officials, to carry out deportation orders. But this authorization marks a radical departure from legal precedent, and a clear affront to the Fourth Amendment protection against illegal searches.On Wednesday, a federal judge issued an injunction to block the refugee arrests in Minnesota, but whether D.H.S. will comply is anyone’s guess. According to a recent ruling from the chief federal district-court judge in the state, ICE violated nearly a hundred court orders in January alone—and that was just orders relating to Operation Metro Surge. The Administration has ignored other federal injunctions, going back to March of last year, and it has serially lied about aspects of its operations in court, bringing rebukes from judges across the country. “After nearly thirty-five years of experience with federal law enforcement,” one of them, a Trump appointee on Long Island, wrote, “I have never encountered anything like this.”Tom Homan, the Administration’s “border czar,” has been dispatched to Minneapolis to oversee the situation. His current title is itself revealing. The White House is bringing the border to the rest of the country. Politically, in light of the institutional history of D.H.S., this gives the Administration broader license to claim that it’s facing down foreign threats; practically, agents on the ground are engaging in exceptionally aggressive forms of policing.Last year, at the Administration’s behest, Congress tripled ICE’s budget, making it the most heavily funded law-enforcement body in the country. After the killings in Minnesota, Democrats have threatened to block further funding unless the Administration agrees to impose modest restraints on agents’ conduct, such as forcing them to remove their masks and raising the legal bar for the use of warrants. These are rearguard actions that are long overdue. On Thursday afternoon, Senate Democrats reached a deal with the President to forestall a government shutdown while they negotiate the details. The inevitable retrenchment came hours later: Bondi issued orders to arrest four people for disrupting a church service in Minneapolis. Two of them were anti-ice activists; the others were journalists reporting the story. ♦
