Ben Heath

@jbentonheath.bsky.social

Associate Professor, Temple University School of Law. I post about things that interest me, some of which are about law.

In 1854, after watching the federal government deploy 2000 federal troops and spend $40,000 sending Anthony Burns back into slavery, Boston's Amos Adams Lawrence said “we went to bed one night old-fashioned, conservative, Compromise Union Whigs and waked up stark mad Abolitionists.”

Cooper River Indivisible@crindivisible.bsky.social · 6mo ago

Yesterday morning kids were sent running from their bus stop in panic because ICE showed up. This guy at today’s ICE Out of Lindenwold protest is a must watch 😭. @maddow.bsky.social

This a good piece. Among other things, the first part of Catherine's paper on the civil service is a very readable restatement of the conventional wisdom <positive> on the rise of the nonpartisan civil service. I taught from it this year and will do so again. 1/3

Jotwell@jotwell.bsky.social · 6mo ago

Jotwell Worklaw: Joseph Slater, Defending Civil Service Rules from Existential Attacks, JOTWELL (February 13, 2026) (reviewing Catherine L. Fisk, Democracy and a Nonpartisan Civil Service, 67 Ariz. L. Rev. 629 (2025)), worklaw.jotwell.com/defending-ci....

Joseph Slater

“They've overstayed a visa. They've missed an appointment with an immigration judge. Alright, that warrants a slap on the wrist, a wagging disapproving finger, and perhaps a small fine for the bureaucratic burden. These are administrative violations” www.liberalcurrents.com/abolition-am...

Abolition, Amnesty, Decriminalization, Open Borders

You may not believe immigration restrictions are racist, but racists believe immigration restrictions are racist.

liberalcurrents.com

He literally says in this clip that ICE will keep in Minnesota “quick reaction forces” — a military term — to go after “agitators.” Remember that those on the ground in MPLS have spent more than a week trying to tell everyone that Trump’s prior “deescalation” was a ruse and ICE is still operational

Aaron Rupar@atrupar.com · 6mo ago

Homan: "Operation Metro Surge is ending. In the next week, we're going to deploy the officers here on detail back to their home stations or to other areas of the country where they're needed."

I’ll believe this when the Minnesotans on here confirm it has happened. But if this is real, then they are retreating again. Did Homan announce the next target? Usually they frame it as “we won here, now we move on,” but did they not even do that?

Aaron Rupar@atrupar.com · 6mo ago

Homan in Minnesota: "I have proposed, and President Trump has concurred, that this surge operation conclude. A significant drawdown has already been underway this week and will continue."

"The Internal Revenue Service improperly shared confidential tax information of thousands of individuals with immigration enforcement officials, according to three people familiar with the situation, appearing to breach a legal fire wall intended to protect taxpayer data."

IRS improperly disclosed confidential immigrant tax data to DHS

The tax agency only recently discovered it improperly disclosed tax information on thousands of the wrong people to immigration enforcement.

washingtonpost.com

There's a hot new move going around popular fronts where a near-contender in a contested primary endorses the leftier winner as a bulwark against the forces that ran the reactionary spoiler. It's called "Landering" and it kicks ass.

The closest modern historical parallel is the detention camp at Guantanamo Bay for intercepted Cubans and Haitians during the HW Bush and Clinton administrations, where at maximum capacity roughly 12,000 migrants were detained. But those migrants were never in the physical US.

Image of Camp X-Ray at Guantanamo Bay from 1991, showing row after row of people laying on cots in an airplane hangar.

The lawless killing spree at sea continues. As usual, the "designated terrorist organization" supposedly operating the vessel is unidentified. And based on recent history, the likelihood that the USG successfully rescues the survivor seems low. Real killing in a make believe armed conflict.

On Feb. 9, at the direction of #SOUTHCOM commander Gen. Francis L. Donovan, Joint Task Force Southern Spear conducted a lethal kinetic strike on a vessel operated by Designated Terrorist Organizations. Intelligence confirmed the vessel was transiting along known narco-trafficking routes in the Eastern Pacific and was engaged in narco-trafficking operations. Two narco-terrorists were killed and one survived the strike. Following the engagement, USSOUTHCOM immediately notified U.S. Coast Guard to activate the Search and Rescue system for the survivor. 
@DeptofWar
 #OpSouthernSpear

BREAKING: On February 2, Sec. Noem issued a memo asserting the lapse in appropriations for DHS meant there is no Sec. 527 — the provision protecting congressional oversight visits to immigration detention facilities — and she was issuing a new (third) policy requiring seven-day notice for visits.

Case 1:25-cv-02463-JMC Document 55-1 Filed 02/09/26 Page 2 of 2
Secretary
U.S. Department of Homeland Security Washington, DC 20528
DEPARTMEN
Homeland Security
MEMORANDUM FOR:
FROM:
SUBJECT:
February 2, 2026
Todd. M. Lyons
Acting Director for U.S. Immigration and Customs Enforcement
Rodney Scott
Commissioner, U.S. Customs and Border Protection
James H. Percival Il
General Counsel
Holly C. Mehringer
Senior Official Performing the Duties of the Chief Financial Officer
Kristi Noon at ar
Secretary of Homelet Security
Congressional Access to Alien Detention Facilities - Ratification of Access Policy and Use of Appropriations for Enforcement
On January 8, 2026, I issued a new policy directing that requests by Members of Congress to visit an ICE facility be submitted at least seven days in advance of the visit.' On February 2, 2026, in Neguse v. ICE, a judge in the U.S. District Court for the District of Columbia temporarily enjoined DHS from enforcing that policy or otherwise requiring any plaintiff to provide advance notice before conducting oversight visits for a period of 14 days.?
The court concluded that DHS's policy remains inconsistent with Section 527(b) of the Department's appropriation. It is odd that the court issued this decision given the appropriation containing Section 527(b) lapsed on January 31, 2026. As a result of the lapse, Section 527 is not currently in effect. Therefore, as of this date, I am issuing this new policy that is identical in substance to the January 8 access policy. The General Counsel will provide further guidance regarding the effective date of this policy in light of the court's order.
' This updated policy-issued as a result of the case against ICE-was directed to ICE. Neither CBP nor its policy has been involved in the case to date. In light of today's decision, however, I am also issuing that policy as to CBP.
2 Neguse v. ICE, No. 25-2463, Memorandum Op. at 9 (D.D.C. Feb. 2, 2026).

I'm at the point where every US news story makes me want to write a 10,000 word essay connecting all the political and legal developments of the past 20 years—just to conclude that everything is the same as it used to be but stupider now. Is this a Piaget stage?

Jonathan Cohn @jonathancohn.bsky.social · 6mo ago

"TikTok’s Terms of Service now explicitly include tracking of location and citizenship status (among other identity markers, such as sex)." newrepublic.com/article/2059...

1/ ProPublica collected handwritten letters in mid-January from children held at the Dilley Immigration Processing Center, the same facility where 5-year-old Liam Conejo Ramos was taken. Hundreds of kids are still detained. We’ll let the children’s words speak for themselves. 🧵