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.
Pinned
Sailing in Circles
These remarks were prepared and delivered in October 2025 at a conference focusing on economic sanctions and other challenges to international economic ordering
papers.ssrn.com
In light of some of the news this past week about U.S. coercion of Minneapolis and Venezuela, I am posting an unpublished talk I gave @brooklynlawschool.bsky.social that draws on the work of @himself.bsky.social @abenewman.bsky.social @harlangcohen.bsky.social. papers.ssrn.com/sol3/papers....
Reposted by Ben Heath
"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.
www.washingtonpost.com
February 11, 2026 at 6:56 PM
"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."
Reposted by Ben Heath
Now in print and available from HILJ: From Business Plans to International Rights, my job talk paper! Infinite thanks to the patient editors at HILJ and to so many others.
journals.law.harvard.edu
February 11, 2026 at 8:12 PM
Now in print and available from HILJ: From Business Plans to International Rights, my job talk paper! Infinite thanks to the patient editors at HILJ and to so many others.
Huh
February 11, 2026 at 2:19 PM
Huh
Reposted by Ben Heath
Friends from Minneapolis reporting to me that things are at the point where folks are being hidden in other people's houses and we are in the "again" part of "never again" which the "never" was supposed to preclude
February 10, 2026 at 10:54 PM
Friends from Minneapolis reporting to me that things are at the point where folks are being hidden in other people's houses and we are in the "again" part of "never again" which the "never" was supposed to preclude
Reposted by Ben Heath
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.
February 10, 2026 at 6:11 PM
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.
Reposted by Ben Heath
As a purely political matter, it shouldn't be hard to say, "hey, you know that agency with armed, masked men who kidnap your neighbors, throw tear gas at peaceful protestors, & turn cities that offend Stephen Miller into war zones? Yeah, we're not going to fund it anymore."
February 10, 2026 at 5:45 PM
As a purely political matter, it shouldn't be hard to say, "hey, you know that agency with armed, masked men who kidnap your neighbors, throw tear gas at peaceful protestors, & turn cities that offend Stephen Miller into war zones? Yeah, we're not going to fund it anymore."
Reposted by Ben Heath
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.
February 9, 2026 at 6:00 PM
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.
It's great this is getting more attention. Immigration attorneys have long complained about this interstate shell game. It's a feature endemic to the U.S. system of detention and deportation, even if it has accelerated or worsened under Trump 2.
"ICE has raced detainees across state lines in ways judges say are designed to thwart legal proceedings...; [held] people for days or weeks after judges have ordered them released...; ignored other arms of the fed govt trying to ensure compliance...; given judges bad or incomplete information."
NEW: Federal judges are increasingly furious at what they see as a pattern / playbook of defiance by the Trump administration to court orders in immigration cases — in Minnesota and around the country.
Here’s a look at what they’re seeing: www.politico.com/news/2026/02...
Here’s a look at what they’re seeing: www.politico.com/news/2026/02...
February 10, 2026 at 5:22 PM
It's great this is getting more attention. Immigration attorneys have long complained about this interstate shell game. It's a feature endemic to the U.S. system of detention and deportation, even if it has accelerated or worsened under Trump 2.
Reposted by Ben Heath
We are murdering people and it is basically just background noise at this point. www.nytimes.com/2026/02/09/u...
U.S. Boat Strike Kills 2 in Pacific, With One Survivor
www.nytimes.com
February 10, 2026 at 6:14 AM
We are murdering people and it is basically just background noise at this point. www.nytimes.com/2026/02/09/u...
Reposted by Ben Heath
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.
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.
February 10, 2026 at 1:07 AM
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.
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.
Reposted by Ben Heath
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.
February 9, 2026 at 11:33 PM
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.
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?
"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...
How TikTok 2.0 Became a Weapon for ICE
In just one week, the company has gone from being Gen Z’s preferred social media platform to a tool for spying on Americans and the suppression of information.
newrepublic.com
February 9, 2026 at 11:00 PM
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?
Congratulations!!!!
February 9, 2026 at 10:56 PM
Congratulations!!!!
February 9, 2026 at 8:41 PM
Reposted by Ben Heath
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. 🧵
Hundreds of kids are still detained.
We’ll let the children’s words speak for themselves. 🧵
February 9, 2026 at 12:25 PM
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. 🧵
Hundreds of kids are still detained.
We’ll let the children’s words speak for themselves. 🧵
In that context, I would maybe say the package is stronger with the no-mask legislation that it is without. The provisions reinforce one another, and targeting the secret-police aspect is important. But the whole-package approach is different than national dems making masks a single focal point.
February 9, 2026 at 5:53 PM
In that context, I would maybe say the package is stronger with the no-mask legislation that it is without. The provisions reinforce one another, and targeting the secret-police aspect is important. But the whole-package approach is different than national dems making masks a single focal point.
This is a tangent to your (100% correct) point, but it seems important to me how the no-masks thing is packaged. The Philly city council is considering a package of bills that includes no-mask legislation along with more substantive stuff. www.nbcphiladelphia.com/news/local/l...
Lawmakers show support as 'ICE OUT' legislation presented to Philly City Council
During a City Council hearing, ICE OUT legislation -- which limits ICE activities in the city -- received a wealth of support as it was presented.
www.nbcphiladelphia.com
February 9, 2026 at 5:53 PM
This is a tangent to your (100% correct) point, but it seems important to me how the no-masks thing is packaged. The Philly city council is considering a package of bills that includes no-mask legislation along with more substantive stuff. www.nbcphiladelphia.com/news/local/l...
Reposted by Ben Heath
So uh Ring just up and said they've got a huge centralized private surveillance network they can leverage all at once huh
February 9, 2026 at 2:10 AM
So uh Ring just up and said they've got a huge centralized private surveillance network they can leverage all at once huh
Reposted by Ben Heath
TB and Covid active in a troubled El Paso immigrant tent camp where 3 people have died over a 6 week period ( including one ruled a homicide) & following a measles outbreak at the Dilley family detention center. Reach out if you have info on Dilley/ East Montana
www.texastribune.org/2026/02/07/i...
www.texastribune.org/2026/02/07/i...
Two tuberculosis cases detected at Camp East Montana ICE facility
Eighteen cases of COVID-19 were also identified. U.S. Rep. Veronica Escobar on Friday visited the 5,000-bed tent facility on the Fort Bliss Army base and said she saw many "chronic issues."
www.texastribune.org
February 7, 2026 at 6:03 PM
TB and Covid active in a troubled El Paso immigrant tent camp where 3 people have died over a 6 week period ( including one ruled a homicide) & following a measles outbreak at the Dilley family detention center. Reach out if you have info on Dilley/ East Montana
www.texastribune.org/2026/02/07/i...
www.texastribune.org/2026/02/07/i...
Reposted by Ben Heath
As the presumption of regularity crumbles before our very (tired) eyes, do we fall back to a posture of neutrality about the government's statements? Or does it become a presumption of irregularity?
February 6, 2026 at 9:58 PM
As the presumption of regularity crumbles before our very (tired) eyes, do we fall back to a posture of neutrality about the government's statements? Or does it become a presumption of irregularity?
While Kid Rock sings My Heart Will Go On
February 6, 2026 at 7:41 PM
While Kid Rock sings My Heart Will Go On
Reposted by Ben Heath
Interesting amicus brief by @democracyforward.org in Trump's $10b tax lawuit. They convincingly make the claim that there is no case or controversy if the President is on both sides of the litigation.
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
February 6, 2026 at 5:32 PM
Interesting amicus brief by @democracyforward.org in Trump's $10b tax lawuit. They convincingly make the claim that there is no case or controversy if the President is on both sides of the litigation.
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
Interesting consequence of the UET.
democracyforward.org/wp-content/u...
This is a really powerful book and worth your time.
In What Would You Do Alone in a Cage with Nothing but Cocaine?, Hanna Pickard proposes a revolutionary new paradigm for understanding addiction.
Out now in North America, and available in the UK/Europe on 3 March.
Explore a free preview: press.princeton.edu/books/hardco...
Out now in North America, and available in the UK/Europe on 3 March.
Explore a free preview: press.princeton.edu/books/hardco...
February 6, 2026 at 5:33 PM
This is a really powerful book and worth your time.
Reposted by Ben Heath
1/ Important read from my friends Charlie Trumbull & @mikeschmitt.bsky.social
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
OLC Maduro Memo: Assisting War vs Participating in Hostilities
A recent OLC memo on U.S. use of force wrongly expands who can be targeted under the law of armed conflict, undermining civilian protections.
www.justsecurity.org
February 6, 2026 at 5:03 PM
1/ Important read from my friends Charlie Trumbull & @mikeschmitt.bsky.social
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...
Bottom line: A sentence you could easily miss in the Trump DOJ/OLC's Maduro memo concludes a new category of *civilians* can be lawfully killed during armed conflict. It is wrong.
www.justsecurity.org/130603/olc-m...