History shows prosecuting officials challenging ICE raids won’t be easy
President Trump’s promised retribution against what he has called the “core of the Democrat Power Center” includes siccing thousands of ICE agents on “blue cities.” The assault has already led to the prosecution of public officials who challenged his abusive immigration seizures.
But the Trump administration will likely lose those cases, thanks to the strong American tradition of jury resistance, sometimes called nullification, dating to before the Civil War.
In New Jersey, Rep. LaMonica McIver (D-N.J.) was indicted for allegedly interfering with the arrest of Newark Mayor Ras Baraka during an immigration protest rally at an ICE detention center. If convicted of the two forcible felonies, McIver would face a maximum sentence of eight years.
McIver denies the accusations, pointing out that she had a legal right to inspect the facility as a member of Congress. She has raised the Constitution’s speech and debate clause as a defense.
In Wisconsin, the Trump administration brought criminal charges against Milwaukee County Court Judge Hannah Dugan for allegedly preventing the arrest of a migrant in her courtroom. Dugan pleaded not guilty and moved to dismiss the case on the basis of judicial immunity.
McIver’s and Dugan’s defenses are robust and may well prevail. But even if the prosecutors manage to overcome the immunity arguments, they will still have to face juries in Newark and Milwaukee, two of the heavily Democratic cities reviled by Trump.
As detailed in my book, “Fugitive Justice: Runaways, Rescuers, and Slavery on Trial,” American juries have historically refused to enforce........
