I've emphasized the "held" part for several posts now and you keep saying that I keep referring to just the ICE detainers themselves when that isn't true because you don't read what I say. For example this
https://forums.escapistmagazine.com/threads/us-2024-presidential-election.288870/page-412#post-13375272]post is from over a month ago where you did not read what I said...
I’m not going to litigate the word "held," because that is not the issue.
Whether or not you use that wording does not change the underlying question, and it does not create a contradiction in my position.
The question is not whether people are physically detained under ICE detainers in practice. I have never disputed that they are.
The question is whether there is sufficient legal authority for continued detention once state-law custody has ended, when the only basis is a civil ICE detainer.
My position has never been that ICE detainers are universally invalid or that they cannot result in someone being physically detained. My position is and has always been narrower: whether an ICE detainer, by itself, provides lawful authority for a local jail to continue detention after state-law custody has ended.
Courts have repeatedly held that it does not. Where detention continues solely on that basis - without independent legal authority or a judicial warrant - courts have found Fourth Amendment violations.
So when you point to "people being held" as if that contradicts my argument, you are treating the existence of detention as if it resolves the legal question those cases address. It does not.
That is the point you have not engaged with.
There's lots of judicial rulings that are obviously wrong that just don't get appealed because it's not a big enough issue or people don't care enough about it. ICE operates federally across the entire country and they are following the law that they are supposed to. This is a big enough and wide spanning issue that will have to eventually heard by the Supreme Court and if they rule like the other courts, then they will have to change the ICE law and how they operate. That law will be changed in a way to allow ICE to continue operating essentially as they do with slightly altered procedures to not be infringing on the constitution. If something is unconstitutional, it's unconstitutional everywhere and not just in certain places is my point.
I'm not interested in your self-serving rationalizations, Phoenix. And make no mistake, that's all this is.
I'll remind you again: you asked for that case law. I gave it to you in the very next post. Since then, I've re-cited those same authorities - and the same legal summary containing even more of them - over and over again. For six weeks you've given no indication that you had even bothered to look at any of it.
Now you've finally acknowledged those cases exist, but only to declare that they don't count.
Why? Not because you've identified some flaw in their reasoning. Not because you've distinguished them on the facts. Not because you've cited contrary authority.
Instead, you've decided that, because the Supreme Court hasn't "ruled ICE detainers unconstitutional" (a claim neither made by me nor the cases), and because ICE continues issuing detainers, the cases can simply be dismissed out of hand. And if that isn't enough, you wave them away with, "There's lots of judicial rulings that are obviously wrong."
That's not an argument. It's a justification for ignoring the very evidence you asked me to provide.
You don't have the slightest idea what you're talking about, and your entire side of this exchange has consisted of repeatedly substituting your own assumptions for the authorities actually put in front of you. You asked for judicial decisions. You got them. Rather than engage with them, you've spent the last six weeks acting as though they didn't exist, and now that you've finally acknowledged them, your response is simply to announce that you've decided they aren't worth considering.
That says considerably more about your approach to this discussion than it does about the case law.