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How do you interpret equal protection under the law as it applies to such children?
Equal protection of what?
Their right to remain in the country. But I see your answer #1408865.
It seems to me that this is a bit of a stretch. You didn't get deported, you just chose to stay with your parents. But I suppose I can't really argue with it.
How is it a stretch? If that weren't the case the article would have hoisted that scalp, but it has no such scalp, its just a psyop headline article for the undiscerning who won't notice the lack of substance.
I disagree. I think the tension of these things is good to think about. Especially as the state continues to grow in size and capability.
The recent case of that lady in Minneapolis is a good example. She shouldn't have driven her car forward. Arguably, she shouldn't have done anything but take her hands off the wheel and do what the ICE agents ordered. She didn't and now she is dead.
And yet, if this is the power we extend to agents of our government, it must be paired with strong protections in the case where such agents act contrary to the law (not saying that is what happened in Minneapolis). I don't believe we currently have such protections.
Now, as to these children. Minors are a weird case. I believe they cannot sponsor their parents for citizenship (though this is a right afforded to them once they turn 21). So clearly we need to treat minors differently than adults. How much does their right to stay in the US necessarily entail their parents ability to remain here? (Only speaking of legalities here, not economics.)
In my strange mind at least a child's rights are in some sense held by their parents.
I think the tension of these things is good to think about.
I already think everything is done with optics at the forefront, more so than ever.
Especially as the state continues to grow in size and capability.
On this subject it has less control over information than ever.
strong protections ... I don't believe we currently have such protections.
If you're detained for unlawfully or for too long you can sue for damages, not just the department, but individual officers. Excessive force cases also happen all the time.
So legally, its nonsense to say we have no protections... and the anecdotes of the day lack substance... so we wax philosophical: How does the state protect me from the state?
The answer hasn't changed for millennia as the history of the world shows us that there is no singular state. States are always in contention with each other, and themselves. Every government has a shadow government lying in wait.
So, the only protection we ever truly have against state power is the state. The state fights itself as the factions within it seek more influence and power, and each appeal to the population as a force-multiplier of legitimacy. As a result, states are a product of culture. Our culture says separating children from parents is generally bad.
If it's not purely philosophical, then it's hand-wavy to just simply say we need to think about "more", so what's the prescription that every surviving legal system built over centuries has overlooked?
How much does their right to stay in the US
There is a cancellation of removal process afforded for exceptional hardship, legally speaking.
Assuming these rights survive the week, which I doubt, its an area where two laws are in conflict. I think that conflict gets resolved this week by acknowledging that minors have no rights as the parents/guardian are the agent of those rights.
what would happen if you interfered with a swat team or FBI or DEA operation?
It would be the last time you interfere with law enforcement and I don't mean jail or prison
Appropriate course is to first give notice, that was done.
Following that, keeping kids with parents is a safe and I'd imagine universally preferable default.
We don't know if there was an avenue or not for the kids to stay, it's a trash article ghost written by foreign adversaries. Given the birth-right-citizenship ruling coming down any day now, it may not have mattered anyway.