Deborah Fleischaker
Deborah Fleischaker
@dtfleisch.bsky.social
Former acting ICE Chief of Staff and DHS Privacy Officer. Currently consulting on immigration, law enforcement, privacy, and transparency.
Reposted by Deborah Fleischaker
🎥 “It's not about public safety. It's about optics and immigration enforcement, plain and simple.”

Former acting ICE Chief of Staff @dtfleisch.bsky.social warned that operation "Midway Blitz” is only the beginning.
November 3, 2025 at 2:15 PM
“The idea that immigration enforcement is the most significant national security and public safety concern that we as a country face is deeply unserious.”

newrepublic.com/article/1961...
Stephen Miller Erupts in Fury Over Low Arrests—and Hands Dems a Weapon
Hitting Miller’s new deportation quotas could mean fewer resources to fight child trafficking, terrorism, and other crimes. Do Americans really want that?
newrepublic.com
June 5, 2025 at 3:40 PM
It’s the definition of being between a rock and a hard place. No real options, only bad choices.
Expect the administration to begin publicly justifying detentions and deportations by pointing out when people didn’t show up to court. “They had a chance to go to court and disappeared instead! Their claims are frivolous!” Even if people miss court because they could well be arrested there
What infuriates me so much about this new operation is that it is literally punishing people for following the rules and showing up to their court hearings. It is so toxic to the basic concept of following the rules.

It is an operation designed by people who hate the concept of the rule of law.
June 1, 2025 at 12:41 PM
Reposted by Deborah Fleischaker
NEW: The National Sheriffs’ Association(!) puts out a statement saying the Trump admin’s publication, with no feedback first, of a list of Sheriff departments alleged to be sanctuary jurisdictions “violated the core principles of trust, cooperation, and partnership with fellow law enforcement.”
June 1, 2025 at 3:21 AM
Reposted by Deborah Fleischaker
Due process exists for all persons in our country because our laws assume you're innocent until proven guilty, not the other way around.

That being said, the "they need to do it the right way" crowd is awfully quiet on this report.

www.cato.org/blog/50-vene...
50+ Venezuelans Imprisoned in El Salvador Came to US Legally, Never Violated Immigration Law
The US government not only denied these men due process; it has generally failed to provide their families, their attorneys, or the public any information about what it alleges these men did to deserv...
www.cato.org
May 20, 2025 at 1:44 PM
It should be the lowest of our expectations that our leaders understand basic constitutional protections. Apparently, Kristi Noem doesn’t pass the test.
It’s not just incorrect, but the opposite—the antithesis—of habeas corpus for the president to have the unfettered, unreviewable “right” to cast people into exile in the torture chambers of foreign autocrats.
HASSAN: What is habeas corpus?

NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country

HASSAN: That's incorrect
May 20, 2025 at 3:03 PM
Reposted by Deborah Fleischaker
Cato has published my comprehensive review of the ~240 Venezuelans the US government renditioned 2 months ago to Salvador’s notorious prison. We identified FIFTY who came legally, never violated any immigration law, but are imprisoned at the US government’s request and at US taxpayer expense.
May 19, 2025 at 4:06 PM
Discretion is a dirty word in the Trump administration, but it shouldn’t be. CBP could have declined to arrest her, ICE could decline to detain her, and Ms Petrova could be allowed to continue her work. There is a better way forward on immigration if we want it.

www.nytimes.com/2025/05/13/o...
Opinion | The Science I Would Be Doing if I Weren’t in ICE Detention
www.nytimes.com
May 13, 2025 at 12:12 PM
Reposted by Deborah Fleischaker
For those of us following the story of the Democrats’ search for a new political approach to immigration it’s fascinating to see @gallego.senate.gov release a seemingly fresh plan. It looks moderate, well reasoned & also a whole lot like another document that Dems’ve been hearing abt for months. 1/
May 12, 2025 at 10:38 PM
Reposted by Deborah Fleischaker
The Suspension Clause:

1) Doesn't allow the President to unilaterally suspend habeas, especially when Congress is in session;

2) Applies only to cases of invasion or rebellion (this is quite clearly neither); and

3) *Even then,* applies only "when the public safety may require it." (It doesn't.)
Stephen Miller says they are “actively looking at” suspending the writ of habeas corpus, which is only allowed when the US has been invaded or during an insurrection, which would not allow people to challenge their incarceration in court if they are arrested and detained.
May 9, 2025 at 8:05 PM
There’s always an FTCA claim, but I don’t hold out much hope either.
Yeah. This. There’s also nothing to stop them from continuing to do it. At worst they make someone’s life hell for a few months, and probably deter others from speaking out.
It is also the sort of unsatisfactory victory you often get in criminal and immigration court: the government has been made to stop harming her in this particular way, but nothing has been done to compensate her for what she has already suffered.
May 9, 2025 at 5:59 PM
Reposted by Deborah Fleischaker
There should be bipartisan concern about the reports that DOGE is merging HHS, Social Security, and IRS data into one database.

That is the trifecta of personal information, and any competent person (or machine) could essentially put together a complete profile of your life.
May 9, 2025 at 2:21 PM
Really strong reporting by the Wall Street Journal on one man’s attempt to cross the border legally and ending up in CECOT based on nothing more than a few (likely non gang related) tattoos.

youtu.be/mZCqic4ameY
How a Man With No Charges Wound Up in El Salvador’s Mega-Prison | WSJ
YouTube video by The Wall Street Journal
youtu.be
May 2, 2025 at 5:44 PM
Mass deportation is a failure, both in terms of the lower-than-promised deportation numbers AND the higher-than-anticipated breach of American values like fairness and due process.
"'What is remarkable about Trump’s first 100 days is that he took the two issues he was strongest on—the economy and immigration—and completely destroyed his credibility on both.'" @adriancarrasquillo.bsky.social on the failure of Trump's immigration regime: www.thebulwark.com/p/100-days-i...
100 Days In, Mass Deportation Is a Failure
Deportation statistics and poll numbers both say so.
www.thebulwark.com
April 27, 2025 at 10:01 PM
So in an enforcement operation targeting people with final orders of removal (people who have been through the legal process), 505/780 arrests were of people without them. These 505 people not being deported (legally at least) anytime soon. Discretion matters.

www.nytimes.com/2025/04/26/u...
ICE Arrests Nearly 800 in Florida in Operation With Local Officers
The four-day operation came as the Trump administration has sought to enlist local authorities in an immigration crackdown.
www.nytimes.com
April 27, 2025 at 2:20 PM
This is the unfortunate outcome when speed and numbers are the only goals.
"Three US citizen children from two different families were deported with their mothers by ICE Friday morning. One of them is a 4-year-old with Stage 4 cancer who was deported without medication or the ability to contact their doctors" www.washingtonpost.com/immigration/...
Three U.S. citizens, ages 2, 4 and 7, swiftly deported from Louisiana
The cases have renewed concerns that the Trump administration’s expedited deportations are violating the rights of both citizens and noncitizens.
www.washingtonpost.com
April 27, 2025 at 10:22 AM
Reposted by Deborah Fleischaker
Kilmar Abrego Garcia, Judge Hannah Dugan, two-year-old V.L.M.

They are not outliers, exceptions, or aberrations. …

What we are witnessing is the Trump administration’s immigration plan in motion.

Today, at Law Dork:
The horrors are not aberrations. This is the Trump administration's plan.
This is their plan. But the plan is just that — a plan. It can and must be stopped.
www.lawdork.com
April 26, 2025 at 11:12 PM
Reposted by Deborah Fleischaker
Q: "How do you respond to Governor Newsom?"

Sen. Van Hollen: "I think Americans are tired of elected officials or politicians who are all finger to the wind...Anybody who can't stand up for the Constitution and the right of due process doesn't deserve to lead."
April 20, 2025 at 2:41 PM
Reposted by Deborah Fleischaker
One point that's going to get lost in the discussion of #SCOTUS's intervention in the Alien Enemy Act case:

This is the *value* of nationwide injunctions. Without them, you have to go district by district, and the government can try to play games by moving people to districts without relief (yet).
April 19, 2025 at 3:49 PM
In Trump’s worldview, all migrants are “the worst,” so they’re all eligible to be sent to Gitmo. Would be good if folks started to understand that Trump’s “worst of the worst” means nothing and everything and could be any of us.
They're trying to send people to Gitmo for _paying a smuggler_ on their way into the U.S.

Or even just people who come from a country where a lot of _other_ people pay smugglers.

Another day, another scoop about just how broad and sloppy this all is. www.cbsnews.com/news/guantan...
Memo shows U.S. can send migrants without criminal records to Guantanamo, despite Trump's promise to hold "the worst" there
A government memo obtained by CBS News shows the Trump administration created broad rules outlining which migrants can be held at Guantanamo Bay​.
www.cbsnews.com
April 17, 2025 at 6:18 AM
Reposted by Deborah Fleischaker
the exact sort of thing CRCL would promptly investigate if it still existed

which is of course why it doesn't exist anymore
On reddit, a user on the r/USCIS subreddit says a friend of theirs is detained at Eloy (an ICE detention center in Arizona) and is looking for help. Buried in the post is a claim that there's been a recent death there that ICE is covering up.

Unleashing this one on the border reporters.
April 17, 2025 at 2:21 AM
Ding ding ding ding ding
Even if you (wrongly) believe that some immigrants lack due process rights, what’s to stop the government from claiming that *you* are an undocumented immigrant; removing you to El Salvador; citing an “administrative error”; and refusing to do anything to bring you back?

The answer is due process.
April 16, 2025 at 1:05 AM
It is such welcome news. Now it’s up to us to force the administration to bring Mr Abrego Garcia - and the rest of the people unconstitutionally deported and left to rot in a torture prison - back to the US.
First time we’ve seen this in any poll in a long time.
👀🚨JICYMI: New Quinnipiac Poll: More Americans now disapprove of Trump on immigration by 50% to 45% (including 51% independents)

MAJORITY of Americans now disapprove of Trump on deportations by 53% to 42% poll.qu.edu/poll-release...

cc: @schumer.senate.gov @hakeem-jeffries.bsky.social l
April 15, 2025 at 2:44 AM
It’s no surprise the Administration is arresting people at courthouses, but their approach is short-sighted. It will discourage people from interacting with the justice system and reduce public safety when the criminal justice systems can’t operate effectively.

www.jsonline.com/story/news/l...
After ICE arrests at Milwaukee courthouse, officials cautiously look into changes
The Journal Sentinel confirmed the identity of one of the people arrested by ICE, a 27-year-old man facing charges for firing a gun outside a bar.
www.jsonline.com
April 9, 2025 at 1:04 PM
On top of the actual fiscal cost of disincentivizing the filing of income tax returns by undocumented people AND their US citizen families, I suspect the actual benefit to the sharing is likely to be relatively modest. So high cost, low “reward.” Seems about right for the current times.
Undocumented people pay about $100 billion per year in taxes. Not anymore.
Hard to overstate how lawless and also just fundamentally *untrustworthy* this country is, any promise we ever made anyone about anything turns out to have been fake www.nytimes.com/2025/04/08/u...
April 8, 2025 at 5:06 PM