Wisconsin Supreme Court strikes down GOP law weakening attorney general's power
A unanimous Wisconsin Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago.
The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain lawsuits was unconstitutional. The law is a separation of powers violation, the court said.
The Republican-controlled Legislature convened a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents. The laws signed by Republican Gov. Scott Walker on his way out the door weakened powers of both offices.
At issue in the case decided Tuesday was the attorney general's power to settle lawsuits involving environmental and consumer protection cases as well as cases involving the governor's office and executive branch. The new law required the Legislature's budget committee, which is controlled by Republicans, to sign off on those settlements.
The Wisconsin Supreme Court in 2020, when controlled by conservatives, upheld all of the lame duck laws and ruled they did not violate the separation of powers principle. But the ruling left the door open to future challenges on how the laws are applied.
Kaul sued that year, arguing that having to seek approval for those lawsuit settlements violates the separation of powers between the legislative and executive branches. The Legislature argued that lawmakers have an interest in overseeing the settlement of lawsuits and that the court's earlier ruling saying there was no separation of powers violation should stand.
Dane County Circuit Judge Susan Crawford, who won election to the state Supreme Court in April and will be joining the court in August, ruled in favor of Kaul in 2022 saying the law was unconstitutional. A state appeals court overturned her ruling December, saying there was no separation of powers violation because both the executive and legislative branches of government share the powers in question.
The Supreme Court on Tuesday said the Legislature cannot "assume for itself the power to execute a law it wrote."
There is no constitutional justification for requiring the Legislature's budget committee to sign off on court settlements at issue in the case, Justice Brian Hagedorn wrote for the court.
Kaul praised the ruling, saying in a statement that the decision "finally puts an end to the legislature's unconstitutional involvement in the resolution of key categories of cases."
Republican legislative leaders who defended the law had no immediate comment Tuesday.
The win for Kaul comes as Evers has been unsuccessful in overturning numerous law changes affecting the power of the governor. He's proposed undoing the laws in all four state budgets he's proposed and courts have upheld the laws when challenged.
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39 minutes ago
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We asked experts whether ICE agents can arrest people without warrants or not. Here's what we learned
On June 17, 2025, New York City Comptroller and Democratic mayoral candidate Brad Lander was arrested by Immigration and Customs Enforcement (ICE) agents at a courthouse. Lander was there observing immigration court hearings and volunteering with a group that accompanied immigrants out of the building, a practice volunteers say provides comfort and witnesses in case immigrants are detained by law enforcement. His arrest happened after he linked arms with an individual named Edgardo whom ICE agents were attempting to detain while the latter attended a hearing. When an agent accused Lander of "obstructing" them, he said, "You don't have the authority to arrest U.S. citizens [...] I'm not obstructing. I'm standing right here in the hallway. I asked to see the judicial warrant." Lander was released hours later and according to Democratic New York Gov. Kathy Hochul, all charges against him were dropped. Federal prosecutors said they were continuing to investigate actions "involving" Lander. It was not clear at first whether Lander was talking about a judicial warrant for himself prior to this arrest, or for Edgardo. Lander's wife confirmed the judicial warrant he asked for was regarding Edgardo, the individual in court, "not for Brad." Lenni Benson, professor of immigration and human rights law at New York School of Law, told Snopes over email that ICE's targeting of immigrants attending their court hearings like Edgardo's is "an attempt by the [Department of Homeland Security] to rapidly detain a high number of people, including those who have complied with all requests and have sought asylum." Many online questioned whether ICE, which focuses on immigration-related crimes, had the authority to arrest people without a warrant, while others wondered whether ICE has the power to arrest U.S. citizens like Lander. Below, we break down the laws governing ICE agents, the warrants they use, their authority when it comes to U.S. citizens and the cases of Lander and Edgardo. We spoke to a number of immigration lawyers and reached out to ICE and the Department of Homeland Security (DHS). We also reached out to Lander's office and will update this story accordingly if we hear back. According to 8 U.S. Code 1357, "Powers of immigration officers and employees," subsection "Powers without warrant," summarized below, immigration agents do not need warrants for the following actions: To interrogate any alien or person believed to be alien about their right to be or remain in the United States. To arrest an alien who, in the agent's presence, is apparently entering the United States in violation of laws or regulations, particularly if the agent has reason to believe the alien can escape before a warrant can be obtained. To board and search for aliens on any vessel in the territorial waters of the United States within "reasonable distance" from any external boundary of the United States, as well as "any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings." This access is for the purpose of patrolling the border. To arrest people for "felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest." To make arrests: "A) for any offense against the United States, if the offense is committed in the officer's or employee's presence, or B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony." Per the code, immigration officers can arrest anyone without a warrant if officers are "performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest." Aside from the exceptions outlined above under "Powers without warrant," ICE is required to present one of two warrants while making an arrest or conducting a search: either a judicial warrant to enter private property, or an administrative warrant from the agency authorizing an arrest or seizure. Although Lander asked to see a judicial warrant for Edgardo, ICE is not required to present a judicial warrant in a public place like a courtroom. According to the National Immigration Law Center (NILC), a judicial warrant can only be issued by a court, must be signed by a state or federal judge, and authorizes "a law enforcement officer to make an arrest, a seizure, or a search of some private area, such as your home." An administrative warrant (also referred to as an "immigration warrant" or "ICE warrant") can be signed by ICE itself. Per the NILC, an administrative warrant is "issued by a federal agency and may be signed by an 'immigration judge' or an 'immigration officer' (such as an ICE agent). Unlike a judicial warrant, an immigration warrant does not authorize a search or entry into your home or other private areas." We spoke to a range of immigration experts who noted that while ICE can obtain judicial warrants against both immigrants and U.S. citizens, they hardly ever do so due to the requirement of convincing a federal judge to issue said warrant. Administrative warrants carry less legal weight, as in practice they allow an agency like ICE to give itself permission to carry out an arrest. Further, ICE cannot use administrative warrants to arrest U.S. citizens. Benson told Snopes that while an administrative warrant should generally not be enforceable against anyone (immigrants and citizens included), it has often been accepted in many cases: In general, no administrative warrant is enforceable against ANYONE. But administrative warrants are frequently accepted in a variety of settings, e.g., employer enforcement where an agency is looking for wage and hours records or compliance with verification of authorization to work. Individuals who are shown a warrant should read it carefully and can tell the officer they will not comply unless the warrant is issued by a member of the federal judiciary. State judges do not have the power to grant federal officers the right to arrest. Sarah Owings, an immigration attorney in Atlanta, Georgia, told Snopes over the phone that ICE has no administrative warrant powers over U.S. citizens. "A judicial warrant could be obtained to arrest a U.S. citizen, but they are not going to do that," she said. One reason is because of how complex the process of obtaining such a warrant can be. In a phone conversation, Nathan Yaffe, an immigration lawyer in New York, told Snopes that while an administrative warrant could simply be signed by an ICE official, the process for getting a judicial warrant can take longer: "You have to convince the judge that there is probable cause [their] search will reveal a crime or unlawful activity." However, Yaffe added, the focus on the type of warrant needed to arrest individuals is a distraction from ICE's general practices. "It's unfortunate that many elected officials and people in the media are fixating on the judicial warrant aspect, because it has never been the case that ICE gets judicial warrants prior to making arrests. It is extraordinarily rare," he said. He continued, "[The demand for a warrant] is founded on an inaccurate premise that ICE is operating 'lawfully' to get a judicial warrant. It wrongly creates exceptionalism around this moment and feeds into the idea there is a procedural justice fix. People should be attacking ICE practices across the board and not just under Trump in that case. There is a good argument [ICE] needs an administrative warrant to make the arrest but even that practice is not a meaningful layer of protection because ICE is basically giving itself permission." ICE generally does not have the authority to arrest U.S. citizens without a warrant except in certain circumstances. Yaffe said all three of the following criteria would have to be met to justify the arrest of a citizen: ICE has to be actively in the middle of performing duties related to immigration enforcement. The person they are arresting has to have been committing an "offense against the United States." That would be a subset of federal crimes. There has to have been "a likelihood of the person escaping before a warrant could be obtained." As stated in 8 U.S. Code 1357, in section 5 of "Powers without warrant," agents can arrest anyone "for any offense against the United States, if the offense is committed in the officer's or employee's presence" or "for any felony" and if the agent believes the citizen will escape before a warrant can be obtained for his arrest. In a news release, the New York American Civil Liberties Union (ACLU) called Lander's arrest "a stunning abuse of power and a threat to our democracy": Arresting a public official, the duly-elected comptroller of the City of New York, for asking questions is dangerous intimidation and shows a wanton disregard for the will of the people of New York. It sends an unmistakably authoritarian message — that ICE doesn't care about the rule of law and that anyone exercising their right to challenge ICE and speak up for immigrants will be punished. DHS sent us a statement from Assistant Secretary Tricia McLaughlin in which she accused Lander of assaulting law enforcement and impeding a federal officer: New York City Comptroller Brad Lander was arrested for assaulting law enforcement and impeding a federal officer. Our heroic ICE law enforcement officers face a 413% increase in assaults against them — it is wrong that politicians seeking higher office undermine law enforcement safety to get a viral moment. No one is above the law, and if you lay a hand on a law enforcement officer, you will face consequences. Looking at footage of Lander, we could not see any evidence of him assaulting law enforcement; rather, he kept repeating, "I will let go [of the immigrant] when you show me the judicial warrant [for Edgardo]." Lander had linked arms with Edgardo, the individual being detained by ICE. Lander was eventually separated and held against a wall, where ICE agents handcuffed him. After an agent accused him of "obstruction," he said, "I'm not obstructing, I'm standing right here in the hallway, I have to see the judicial warrant." Under the U.S. Code, Yaffe told us, the following criteria would have to be true for ICE to justify Lander's arrest, and in his view the conditions were clearly "not met": [If] Lander was assaulting an officer or committing a crime against the United States. It would be a closer call if [ICE] said 'obstruction of justice' was taking place. [...] They would [also] have to say they believed Lander would evade their attempt to arrest him by going into hiding, or escaping before they could get a warrant [for Lander]." Yaffe added that he believed the idea that Lander, who is New York City's comptroller and running for mayor, would attempt to evade the law is "ridiculous." "We are in very unprecedented times," Owings told Snopes. "[By] making decisions to use police powers against people who should not be subject to them." When it comes to Edgardo, the immigrant detained by ICE, Yaffe noted they still would have needed a warrant to arrest him at an immigration court "or [had] an individualized determination that he was a flight risk." In general, he said, "ICE is not making individualized findings about people they are arresting right now. [Or] they are just implementing a blanket policy. I am confident that there wasn't a warrant for [Edgardo's] arrest." Regardless, Edgardo was taken into ICE detention and had no lawyer, according to Lander. Lander said after his own release: "Tonight, I'll go home and sleep in my bed. I have a lawyer, I'll get due process. But Edgardo, whose arm was ripped from mine by ICE agents, has none of those things." Benson said Lander could "have asked for identification of the officer approaching and questioned the officer on why they had a reasonable suspicion of alienage other than the [immigrant] person's presence in the immigration court." While we do not know the specifics of Edgardo's case, he appeared to be cooperating with the government requirement to appear in immigration court. That people like him are being detained is, according to Benson, a sign of rising numbers of immigrant arrests by DHS, including the arrests of people who comply with the legal process of seeking asylum: But under our domestic and international laws, the DHS cannot summarily deport people who have a credible fear of persecution in their country. So what should happen even if the case is terminated, is that the individual will have the right to present his/her/their claim to an asylum officer who if finding it meets the lower standard, will put the person into REGULAR removal proceedings. Exactly where these people were before the case was terminated. Despite the above restrictions, as of this writing ICE has still detained and deported numerous U.S. citizens in 2025, including children born in the United States. "8 U.S. Code § 1324 - Bringing in and Harboring Certain Aliens." LII / Legal Information Institute, Cornell. Accessed 19 June 2025. "8 USC 1357: Powers of Immigration Officers and Employees." U.S. Code. Accessed 19 June 2025. Benson, Leni. Professor of Law, New York Law School. Email, 18 June 2025. Danner, Chas. "U.S. Citizens Keep Getting Caught Up in Trump's Immigration Crackdown." Intelligencer, 3 May 2025, Accessed 19 June 2025. Doherty, Erin. "NYC Mayoral Candidate Brad Lander Released after Arrest by ICE." CNBC, 17 June 2025, Accessed 19 June 2025. Ferré-Sadurní, Luis. "Brad Lander, NYC Mayoral Candidate, Arrested by ICE Agents at Immigration Courthouse." The New York Times, 17 June 2025. Accessed 19 June 2025. Ferré-Sadurní, Luis. "Brad Lander Tried to Escort Immigrants Facing Arrest. He's Not Alone." The New York Times, 19 June 2025. Accessed 19 June 2025. "NYC Mayoral Candidate Brad Lander Arrested at Immigration Court." AP News, 17 June 2025, Accessed 19 June 2025. "NYC Mayoral Candidate Brad Lander Arrested by ICE: Raw Video." YouTube, Fox 5 New York, 17 June 2025, Accessed 19 June 2025. "NYC Comptroller Brad Lander's Wife Speaks out about His Arrest." YouTube, CBS New York, 17 June 2025, Accessed 19 June 2025. "NYCLU on Arrest of City Comptroller." NYCLU, Accessed 19 June 2025. Owings , Sarah. Immigration Attorney. Telephone, 18 June 2025. Warrants and Subpoenas 101. National Immigration Law Center, Sept. 2020, Accessed 19 June 2025. Yaffe, Nathan. Immigration Lawyer. Telephone, 18 June 2025.
Yahoo
44 minutes ago
- Yahoo
Elizabeth Warren Says Americans 'Deserve' Lower Interest Rates, But Trump's 'Reckless' Tariffs Stand In The Way: 'The Fed Is Getting Boxed Out'
Sen. Elizabeth Warren (D-Mass.) criticized President Donald Trump's tariff policies on Wednesday, arguing they prevent the Federal Reserve from delivering the lower interest rates Americans need. What Happened: 'Americans deserve lower interest rates and lower costs, but Donald Trump and his reckless tariffs are standing in the way of that relief,' Warren wrote on X. 'The Fed is getting boxed out by the President's chaotic economic policies.' Warren's comments follow the Fed's decision to hold rates at 4.25%-4.50% for the fourth consecutive meeting. Fed Chair Jerome Powell cited tariff-induced inflation concerns as a key factor preventing rate cuts. Trending: Maker of the $60,000 foldable home has 3 factory buildings, 600+ houses built, and big plans to solve housing — The Fed raised its core Personal Consumption Expenditure inflation forecast to 3.1% for 2025, up from 2.8% in March. Powell directly attributed this increase to tariff effects, noting 'we're beginning to see some effects' on goods prices, particularly personal computers and audiovisual equipment. Powell said business surveys indicate 'many companies do expect to put all or some of the effect of tariffs through to the next person in the chain. And ultimately, to the consumer.' Why It Matters: The Fed's dot plot maintains expectations for two rate cuts in 2025, unchanged from March projections. However, 2026 expectations dropped to two cuts from three previously. Markets initially declined during Powell's press conference, with the Nasdaq 100 tracked by Invesco QQQ Trust (NASDAQ:QQQ) dropping 180 points from session highs before recovering on Trump's Middle East comments. Warren previously clashed with Trump over his 'One Big Beautiful Bill,' which the Congressional Budget Office estimates would add $2.4 trillion to the national debt over 10 years while potentially removing health coverage from 16 million Americans. The Fed projects real GDP growth at 1.4% in 2025, down from 1.7% in March, while unemployment is expected to rise to 4.5%. Powell emphasized there's 'no rush' to ease policy given current economic uncertainties. Read Next: How do billionaires pay less in income tax than you? Tax deferring is their number one strategy. Jeff Bezos-Backed Arrived Homes Hits A Big Sale On Charlotte Property – Investors Earning A 34.7% Return Photo courtesy: Sheila Fitzgerald / Up Next: Transform your trading with Benzinga Edge's one-of-a-kind market trade ideas and tools. Click now to access unique insights that can set you ahead in today's competitive market. Get the latest stock analysis from Benzinga? This article Elizabeth Warren Says Americans 'Deserve' Lower Interest Rates, But Trump's 'Reckless' Tariffs Stand In The Way: 'The Fed Is Getting Boxed Out' originally appeared on © 2025 Benzinga does not provide investment advice. All rights reserved. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Fox News
an hour ago
- Fox News
DHS reveals shocking 500% increase in assaults against ICE officers during operations
The Department of Homeland Security released shocking new statistics Thursday showing that Immigration and Customs Enforcement (ICE) agents are facing a severe escalation in assaults during ICE operations. According to the release, agents have experienced a 500% increase in assaults while carrying out recent enforcement operations. "Just this week, an ICE officer was dragged 50 yards by a car while arresting an illegal alien sex offender," Assistant Secretary Tricia McLaughlin said in a press release. The escalation extends to other immigration operations, including Border Patrol. On Thursday, DHS posted about an incident in Bell and Maywood, CA where Patrol vehicles were "violently targeted during lawful operations." A vehicle was rammed, and its tires were slashed, DHS said. Another civilian also struck a federal vehicle, totaling it, according to the department. The driver was arrested for alleged vehicular assault as a mob formed and continued to slash more tires. Secretary McLaughlin said ICE agents put their lives on the line every day and blamed Democrats for allegedly putting them in harm's way by demonizing them. "Every day the men and women of ICE put their lives on the line to protect and defend the lives of American citizens. Make no mistake, Democrat politicians like Hakeem Jeffries, Mayor Wu of Boston, Governor Tim Walz, and Mayor Bass of Los Angeles are contributing to the surge in assaults of our ICE officers through their repeated vilification and demonization of ICE," McLaughlin said. "From comparisons to the modern-day Nazi Gestapo to glorifying rioters, the violent rhetoric of these sanctuary politicians is despicable. This violence against ICE must end." DHS said family members of ICE agents are also being targeted and doxxed. The department said anyone caught committing these crimes would be penalized. "Those who dox our ICE agents will be prosecuted to the fullest extent of the law," DHS said. "Secretary Noem's message is clear: you will not stop us or slow us down. ICE and our federal law enforcement partners will continue to enforce the law. And if you lay a hand on a law enforcement officer, you will be prosecuted to the fullest extent of the law," the statement said. DHS said it will not be deterred and that CBP and its partners will continue to enforce the law — "relentless and unapologetic."
