Oregon Legal Team Files Habeas Suits to Halt ICE Detentions
Bloomberg Originals
Innovation Law Lab uses emergency federal lawsuits to secure the release of detained migrants by proving Homeland Security systematically bypasses due process and statutory limits.
## Background
This video was published on YouTube by Bloomberg Originals on May 26, 2026. According to the page description, Bloomberg Investigates spent a year following a group of lawyers as they sue the Department of Homeland Security and scramble to help free individuals arrested under Donald Trump's immigration policies.
## TL;DR
In response to an aggressive federal immigration crackdown, Portland-based Innovation Law Lab uses emergency habeas corpus petitions, mobile legal clinics, and direct court challenges to defend asylum seekers and community members. The video highlights key cases, including an asylum seeker seized inside an immigration courtroom and a wildland firefighter detained on the fire line after exercising his Fifth Amendment rights. By exposing tactics like courthouse dismissal traps and denials of access to counsel, the legal team successfully secures court-ordered releases and counters executive overreach across the Pacific Northwest.
## Atmosphere & style
The video carries an urgent, high-stakes atmosphere that contrasts the stark anxiety of aggressive federal sweeps with the defiant resilience of community advocates. Through candid field coverage—spanning rally speeches, mobile clinic consultations, and tension-filled court hearings—the narrative creates a gripping emotional arc. Personal reflections from detained individuals and determined attorneys ground the structural legal battle in a tangible human fight for fairness and dignity.
## Key takeaways
- [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) Under aggressive federal immigration policies, immigrant community members in Oregon face heightened sweeps and are detained even while trying to comply with legal processes and court dates.
- [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) Innovation Law Lab deploys free legal services, community workshops, and a converted camper van called the "Justice Bus" to bring mobile legal representation directly to affected communities.
- [04:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=285s) ICE rolled out a procedural tactic in federal courts where judges dismiss active cases, allowing waiting ICE agents to immediately arrest migrants for expedited deportation without judicial oversight.
- [07:29](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=449s) Innovation Law Lab secures an immediate federal court victory ordering the same-day release of YZLH, an asylum seeker unlawfully detained after his court case was dropped.
- [07:29](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=449s) Executive Director Stephen Manning links the current immigration enforcement climate to legal theorist Ernst Fraenkel's concept of the "Dual State," where arbitrary executive authority bypasses legal constraints.
- [11:36](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=696s) Federal agents arrest Oregon wildland firefighter Rigoberto Hernandez Hernandez on the fire line after he exercises his Fifth Amendment right to remain silent.
- [11:36](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=696s) Legal challenges exposing warrantless detentions force ICE attorneys to dismiss proceedings and release firefighter Rigoberto Hernandez Hernandez.
- [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) Federal officers at the Portland ICE facility systematically deny detained individuals access to legal representation by turning attorneys away at the door.
- [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) Innovation Law Lab files a major federal lawsuit before U.S. District Judge Ann Aiken to enforce constitutional due process and restore basic attorney access for detainees.
- [22:23](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1343s) Advocates bring impacted individuals, including firefighter Rigoberto Hernandez Hernandez, to Capitol Hill to brief U.S. Senators on enforcement abuses and advocate for legal defense programs.
## Detailed walkthrough
### [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) The Scale of the Crackdown and the Mission of Innovation Law Lab
The documentary opens with a stark contrast between official federal policy and the reality on the ground in Oregon. Following statements from the Trump administration declaring "the most sweeping border and immigration crackdown in American history," local immigrant rights advocacy groups sound the alarm over an intensifying, chaotic wave of arrests. Advocates point out that community members are being detained even while attempting to comply fully with legal processes—showing up to scheduled court dates only to be taken into custody.
Stephen Manning, Executive Director of Innovation Law Lab in Portland, Oregon, explains the core philosophy driving his organization: "The best way to defend your rights is to use them. If we don't use them, they vanish." In response to the administration's aggressive tactics, Law Lab has focused on mobilizing free legal representation, establishing community asylum workshops, and launching the "Justice Bus"—a repurposed ski camper van converted into a mobile legal clinic complete with consultation rooms and an outdoor lobby canopy to bring lawyers directly to vulnerable communities.
- Prior to the current crackdown, attorneys viewed the immigration system as functioning within established statutory boundaries despite routine legal disagreements; under the new policy, the focus has shifted to basic survival and preventing unlawful expulsions.
- The administration's tactics expanded rapidly nationwide, including deploying the National Guard in Los Angeles and initiating mass enforcement raids across Texas.
---
[04:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=285s) Public Resistance and the Courthouse Arrest Trap
As tensions rise, legal advocates take to the streets to protest federal overreach. Isa, an advocate with Innovation Law Lab, speaks at a community rally, sharing her background coming from a mixed-status family where some members hold citizenship while others are undocumented. Addressing the crowd, she vows that if ICE wants to test the Constitution in Oregon, local advocates will not back down.
Simultaneously, a sinister new procedural tactic emerges in federal courts across the country. ICE attorneys begin asking immigration judges to dismiss migrants' active court cases. Once a judge grants the dismissal—a move that would normally favor a defendant—ICE agents waiting directly outside the courtroom instantly arrest the individual to place them into fast-track administrative deportation proceedings where due process rights are severely curtailed.
- The expedited dismissal-and-arrest scheme was rolled out across major Western cities, including Phoenix, San Diego, Los Angeles, and Seattle, before reaching Portland.
- Advocates point out the fundamental paradox of the policy: dropping formal court charges is weaponized specifically to bypass judicial oversight and accelerate expulsions without constitutional due process.
---
[07:29](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=449s) Legal Breakthrough: Securing Release for YZLH
The Law Lab team files emergency habeas corpus petitions for individuals snatched from courthouses. One primary case involves a client identified as YZLH, an asylum seeker who followed every rule and court order, only to be grabbed by federal agents inside the immigration court building. Stephen Manning and his litigation team prepare urgent filings to prove that the government's revocation of the client's humanitarian parole under 8 U.S.C. § 1182(d)(5) was unlawful.
Inside the federal courthouse, the team achieves an immediate victory. The presiding judge issues a clear, unequivocal order from the bench declaring that YZLH was unlawfully detained and ordering his immediate release from the Northwest ICE Processing Center in Tacoma, Washington. Exiting the courtroom, the legal team celebrates the ruling as proof that judicial remedies can still curb executive overreach.
- YZLH had been held in unlawful detention since June 5 before the court ordered his immediate same-day release.
- Manning compares the current legal climate to legal theorist Ernst Fraenkel's 1941 concept of the "Dual State"—where the predictable "normative state" (contract law, traffic rules) exists alongside an arbitrary "prerogative state" where executive authority operates without legal constraints.
---
[11:36](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=696s) The Arrest and Release of Firefighter Rigoberto Hernandez Hernandez
The administration's sweeps reach a crisis point when armed U.S. Customs and Border Protection (CBP) agents, accompanied by National Park Rangers, move in on wildland firefighting crews battling the Bear Gulch fire on the Olympic Peninsula in Washington state. Agents line up the firefighters, photograph their identification, and arrest Rigoberto Hernandez Hernandez—an Oregonian firefighter actively working the fire line—after he invokes his Fifth Amendment right to remain silent.
Law Lab swiftly files legal challenges on Hernandez's behalf, holding a public press conference to expose the warrantless arrest. Facing immediate judicial scrutiny, ICE attorneys suddenly motion to dismiss proceedings and release him. The Law Lab team drives to Tacoma to pick up Hernandez, who reflects quietly on his time inside detention: "It was mainly like a mentality game... You either could dwell on your situation or you just try to make the best out of it."
- Rigoberto Hernandez Hernandez was arrested on August 27 while actively fighting a forest fire.
- His release came after attorneys argued that executing secret, warrantless detentions of individuals exercising Fifth Amendment rights undermines due process for everyone.
---
[14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) The Battle for Access to Counsel at the ICE Facility
As federal rhetoric escalates—with national leadership claiming Portland is "burning to the ground" and "war-ravaged"—more than 200 people are swept up in Oregon within weeks. Detentions turn increasingly violent, and federal officers at the local Portland ICE facility actively prevent detained individuals from meeting with legal counsel, turning away attorneys at the door with orders to "come back Monday."
In response, Innovation Law Lab files a major federal lawsuit to restore basic access to counsel. During hearings before U.S. District Judge Ann Aiken, community members, affected individuals, and attorneys present extensive evidence of systemic due process denials. The government's defense relies on the argument that judicial intervention interferes with federal law enforcement prerogatives, prompting Manning to note that the government is essentially claiming its agents operate above the law.
- Community fear becomes pervasive, forcing immigrant residents to rely on neighbors to pick up basic necessities like gas to avoid violent traffic-stop detentions.
- Despite government opposition, emergency habeas filings by Law Lab successfully secure the release of multiple detained individuals in a single week.
---
[22:23](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1343s) Taking the Fight to Capitol Hill and Looking Ahead
While waiting for Judge Aiken's ruling on the access-to-counsel injunction, Law Lab brings impacted individuals, including firefighter Rigoberto Hernandez Hernandez, to meet with U.S. Senators and lawmakers. Speaking directly to elected officials, Hernandez shares his story of being arrested on the fire line and stresses the vital necessity of public legal defense programs for community survival.
Reflecting on a year of non-stop litigation, Stephen Manning remains clear-eyed yet hopeful. While the administration's mass deportation efforts have caused immense disruption, Law Lab's aggressive use of habeas petitions and federal court challenges has systematically exposed illegal enforcement tactics, forced courts to mandate releases, and slowed down the deportation machinery across the Pacific Northwest.
- "We've used the courts to free people from unlawful detention, and decisions across the country have said people are not subject to this mandatory detention—that the government's just interpreting the law wrong," Manning emphasizes.
- The team continues to rely on the stamina of civil rights lawyers and the resilience of the immigrant community to protect constitutional rights going forward.
<ElicitationsGroup message="Explore related aspects of this immigration crackdown and legal defense effort:">
<Elicitation label="Summarize the key legal arguments used by Innovation Law Lab" query="What were the primary constitutional and statutory legal arguments used by Innovation Law Lab to challenge ICE detentions and courthouses arrests?"/>
<Elicitation label="Examine the impact of courthouse arrests on asylum seekers" query="How did ICE's strategy of making arrests inside or outside immigration courtrooms affect asylum seekers and their due process rights?"/>
</ElicitationsGroup>
## Notable quotes
> [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) The best way to defend your rights is to use them. If we don't use them, they vanish. — Stephen Manning
> [11:36](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=696s) It was mainly like a mentality game... You either could dwell on your situation or you just try to make the best out of it. — Rigoberto Hernandez Hernandez
> [22:23](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1343s) We've used the courts to free people from unlawful detention, and decisions across the country have said people are not subject to this mandatory detention—that the government's just interpreting the law wrong — Stephen Manning
## Mentioned
Bloomberg Originals, Department of Homeland Security, Donald Trump, Stephen Manning, Innovation Law Lab, Justice Bus, National Guard, Isa, ICE, YZLH, Northwest ICE Processing Center, Ernst Fraenkel, U.S. Customs and Border Protection, Rigoberto Hernandez Hernandez, Bear Gulch fire, Ann Aiken, U.S. Senate
俄勒冈法律团队提起人身保护令诉讼以制止ICE羁押
Innovation Law Lab通过提起紧急联邦诉讼，证实国土安全部系统性规避正当程序与法定限制，从而促使被羁押移民获释。
为应对严厉的联邦移民打击行动，总部位于波特兰的Innovation Law Lab利用紧急人身保护令申请、流动法律诊所和直接法庭诉讼，捍卫寻求庇护者及社区成员的权益。视频重点介绍了几个关键案件，包括一名在移民法庭内部遭抓捕的庇护申请人，以及一名在行使宪法第五修正案权利后在火线扑救现场被拘捕的荒地消防员。通过揭露法庭撤案陷阱和剥夺律师代理权等执法手段，该法律团队成功争取到法院下令放人，并有力遏制了行政权力在太平洋西北地区的过度扩张。
面对联邦针对移民社区的大规模执法搜捕，Innovation Law Lab 部署了由露营车改装的“正义巴士”（Justice Bus）及免费法律工作坊，为社区提供移动法律援助。 (0:11)
ICE 推出新型程序手段，通过请求法官撤销正在审理的诉讼，使特工能立即在法庭外抓捕移民，从而绕过司法审查启动快速驱逐程序。 (4:45)
针对庇护申请人 YZLH 在法庭被无理拘押一案，Innovation Law Lab 紧急提起人身保护令诉讼获胜，联邦法官裁定拘押非法并下令当天释放。 (7:29)
俄勒冈州野外消防员 Rigoberto Hernandez Hernandez 在灭火前线行使第五修正案沉默权后遭特工逮捕，律师团队就无令拘留提起法律挑战，迫使 ICE 撤销诉讼并将其释放。 (11:36)
Reading summary
During an aggressive federal immigration crackdown, Oregon-based legal advocates at Innovation Law Lab deployed emergency habeas litigation, mobile legal defense, and federal lawsuits to counter procedural arrest traps and systematic denials of due process.
Procedural Dismissals as Fast-Track Deportation Traps (4:45)
Federal enforcement tactics introduced a procedural mechanism in immigration courts across major Western cities, including Phoenix, San Diego, Los Angeles, Seattle, and Portland. Immigration and Customs Enforcement (ICE) attorneys routinely asked immigration judges to dismiss active court cases—a motion ostensibly favorable to respondents. However, agents positioned outside the courtroom immediately re-arrested the individuals upon dismissal, moving them into administrative deportation tracks that bypass standard judicial oversight and statutory due process protections.
Legal advocates characterized this maneuver as weaponizing case dismissals to accelerate expulsions. Stephen Manning, Executive Director of Innovation Law Lab, compared this legal environment to Ernst Fraenkel’s 1941 'Dual State' framework, wherein an arbitrary 'prerogative state' exercising unconstrained executive authority operates concurrently with a predictable, rules-based 'normative state.'
Constitutional Challenges to Warrantless and Arbitrary Detentions (7:29)
Advocates turned to federal courts using emergency habeas corpus petitions to secure the release of individuals arrested under questionable legal authority. In one instance, ICE detained an asylum seeker identified as YZLH inside an immigration court building, revoking his humanitarian parole. Litigation by Law Lab demonstrated that the revocation under 8 U.S.C. § 1182(d)(5) was unlawful, leading a federal judge to rule that YZLH had been unlawfully held since June 5 and order his immediate release from the Northwest ICE Processing Center in Tacoma, Washington.
Similar constitutional challenges arose following the August 27 arrest of Rigoberto Hernandez Hernandez, an Oregon wildland firefighter seized by U.S. Customs and Border Protection and National Park Rangers while battling the Bear Gulch fire on Washington's Olympic Peninsula. Hernandez was detained after invoking his Fifth Amendment right to silence. Following an emergency legal challenge and public exposure of the warrantless arrest, ICE attorneys moved to dismiss proceedings and released Hernandez, underscoring litigation's role in curbing warrantless detentions.
Restricting Legal Counsel and Mobilizing Community Defense (14:45)
Following federal enforcement surges that led to more than 200 detentions in Oregon within weeks, conditions at the Portland ICE facility deteriorated. Federal officers actively denied detained individuals access to legal representation, turning away attorneys with directions to return the following week. This prompted Innovation Law Lab to file a federal lawsuit before U.S. District Judge Ann Aiken. In court, government attorneys argued that judicial oversight encroached on federal law enforcement prerogatives—a position Manning argued placed executive agents outside the law.
To counter widespread intimidation and assist communities where fear disrupted basic routines like buying gas, legal advocates instituted mobile interventions. Innovation Law Lab deployed the 'Justice Bus'—a converted camper van fitted with consultation rooms and an outdoor canopy—to run community asylum workshops and deliver free legal defense directly to affected localities.
Challenging Mandatory Detention from Courtrooms to Congress (22:23)
While awaiting Judge Aiken’s ruling regarding access to counsel at detention facilities, Law Lab escalated local findings to federal policymakers. The organization brought impacted individuals, including Hernandez, to Capitol Hill to brief U.S. Senators on enforcement tactics on the ground and stress the necessity of public legal defense funding.
Manning maintained that targeted litigation has demonstrated that the executive branch misapplied mandatory detention statutes. Systematic habeas filings not only liberated individuals from unlawful detention but also created judicial friction, slowing down fast-track administrative deportations throughout the Pacific Northwest.
While emergency habeas petitions and institutional lawsuits established vital legal checks against arbitrary enforcement in the Pacific Northwest, advocates observe that sustaining constitutional protections continues to depend on relentless judicial intervention, civil rights stamina, and community legal infrastructure.
精炼阅读摘要
彭博调查节目深入记录了特朗普政府推行大规模移民镇压期间，俄勒冈州法律援助机构Innovation Law Lab如何通过诉讼与紧急人身保护令，正面抗击联邦移民及海关执法局（ICE）的新型程序逮捕机制。机构执行主任Stephen Manning指出，联邦执法部门正试图绕过宪法正当程序与法庭监督，而法律防线是阻截行政权力肆意扩张的关键屏障。
诉讼程序武器化与法庭内外的行政抓捕 (4:45)
在特朗普政府宣称推行“美国历史上最广泛的边境和移民镇压”背景下，联邦执法机构在全美多地迅速扩张抓捕规模，包括在洛杉矶部署国民警卫队以及在得克萨斯州展开大规模突击搜捕。倡导组织指出，在俄勒冈州等地，许多遵守司法程序、按期前往移民法庭应讯的当事人却在法庭内或门外直接遭到拘捕。这一现象揭示了ICE的一项新型程序策略：ICE检控律师主动要求移民法官驳回当事人的在审案件，由于案件撤销通常被视为对被告有利，当事人往往毫无防备；然而一旦法官批准撤案，守候在法庭门外的ICE特工便立即上前抓捕，将其强行转入缺乏宪法正当程序保障的快速行政驱逐程序。
法律倡导者强调，该策略的本质是将撤案程序武器化，用以系统性绕过法官审查并加速递解。这一手段率先在凤凰城、圣迭戈、洛杉矶和西雅图等主要西部城市推行，随后蔓延至波特兰。与此同时，无令状拘捕甚至波及扑救公共灾害的应急人员。8月27日，正在华盛顿州奥林匹克半岛扑救“熊峡”（Bear Gulch）森林大火的俄勒冈州野外消防员Rigoberto Hernandez Hernandez，在行使宪法第五修正案的保持沉默权后，被持枪的美国海关与边境保护局（CBP）特工联合国家公园巡警强行拦截并当场逮捕。在律师团队迅速发起司法审查并公开曝光后，ICE检控方才仓促动议撤回诉讼并将其释放。
人身保护令反击与“双重国家”权力博弈 (7:29)
针对联邦特工在法院大楼内部直接抓人的行动，Innovation Law Lab迅速采取反制，为受害当事人提请紧急人身保护令（habeas corpus）展开司法阻击。在代号为YZLH的庇护寻求者案件中，当事人严格遵守全部法庭指令与出庭安排，却仍在移民法庭内被特工强行扣押。Manning及其诉讼团队紧急向联邦法院递交诉状，论证政府依据《美国法典》第8卷第1182(d)(5)条撤销其人道主义假释（humanitarian parole）的举动完全属于违法行政。
该案在联邦法庭取得了突破性胜利。主审法官当庭直接下达裁决，判定联邦政府对YZLH的羁押属于非法拘留，并责令当天将其从华盛顿州塔科马的西北ICE处理中心（Northwest ICE Processing Center）立即释放。记录显示，YZLH自6月5日起即处于非法关押状态，直至法院干预才重获自由。Manning将当前的法律环境比作法学理论家恩斯特·弗兰克尔（Ernst Fraenkel）在1941年提出的“双重国家”（Dual State）概念：在日常可预测的“规范国家”法律之外，出现了一个行政权力不受法治约束、任意行事的“特权国家”，而民间法律团队正通过积极行使诉权来防范权利彻底消失。
法律会见阻断与宪法正当防卫的制度抗争 (14:45)
伴随联邦高层宣称波特兰正“陷入火海”和“饱受战火蹂躏”的严厉修辞，俄勒冈州在短短数周内有超过200人遭到拘捕，执法手段日趋激化。移民社区内部普遍陷入恐慌，许多居民因害怕在常规交通拦截中遭遇暴力抓捕，不得不依靠邻居代购汽油等日常物资。与此同时，波特兰当地ICE设施的联邦特工开始系统性切断在押人员获得法律援助的途径，多次将前去会见的律师强行阻拦在门外，并告知“周一再来”。
针对这种剥夺宪法正当防卫权利的行为，Innovation Law Lab向联邦地区法院提起重大诉讼，要求法庭签发禁令恢复基本的律师会见权。在联邦地区法官Ann Aiken主持的听证会上，诉讼团队提交了正当程序被大范围剥夺的确凿证据；联邦政府辩护时则声称司法介入妨碍了联邦执法固有的行政特权，Manning据此批评政府是在变相主张特工享有超越法律的特权。除提起诉讼并在单周内通过紧急人身保护令促成多名被拘者获释外，该机构还带领消防员Hernandez等受害者前往国会山向联邦参议员陈词，推动立法层面正视公共法律辩护体系对社区生存的关键价值。
尽管Innovation Law Lab通过激进的司法诉讼和人身保护令成功解救了多名被非法关押的人员，并在西北太平洋地区迫使法院制约了部分行政驱逐程序，但联邦政府对强制羁押法律条文的扩大化解释以及限制律师会见权的根本性争议仍有待更高司法层面的最终解决。民权律师团队的法律防守虽暂时延缓了激进执法的步伐，但在行政权力持续冲击宪法规范的背景下，正当程序原则的制度维系依然面临严峻压力。
Detailed notes — zh
## Background
本视频由彭博社旗下的 Bloomberg Originals 频道于 2026 年 6 月 21 日发布在 YouTube 平台上。该片出自其获奖深度调查系列《Bloomberg Investigates》，历时一年跟踪记录了一群维权律师如何向美国国土安全部（DHS）提起诉讼，并全力抢救在激进移民新政下突遭拘捕的人群。
## TL;DR
影片深入记录了非营利法律机构“创新法律实验室”（Innovation Law Lab）在俄勒冈州抗击联邦政府大规模移民镇压的艰辛历程。执法部门不仅在街头展开无令搜捕，更在移民法庭设立“撤诉后即刻快速遣返”的程序陷阱，并公然封锁拘留所、剥夺被捕者会见律师的正当程序权利。面对宪政法治被蚕食为“特权国家”的深渊，律师团队改装出“正义巴士”深入基层社区，通过连夜申请人身保护令等司法手段，成功营救了包括扑救山火英雄在内的多名无辜被拘留者。尽管面对长期的司法悬置与来自司法部律师的严苛攻防，这群法律人依然凭借顽强的法庭抗争阻滞了驱逐机器的运转，守住了移民领域脆弱的正当程序底线。
## Atmosphere & style
全片充盈着调查新闻特有的冷峻张力与前线司法博弈的紧迫感，镜头在荷枪实弹的联邦拘留所、彻夜不熄的律所办公室以及交锋激烈的法庭辩论之间紧密切换。律师们在高压连轴转下的身心俱疲与受害者无故被捕后的恐惧无助深刻交织，极具冲击力地还原了法治崩塌瞬间带来的窒息感与荒诞感。但随着一名名被拘者在法律援助下重获自由乃至走上国会讲台，叙事在沉重绝望的基调中升华出非凡的韧性与道义微光，让观众如同身临其境般感受这场捍卫宪法基石的悲壮突围。
## Bulletin
- [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) Innovation Law Lab 对特朗普政府的移民大搜捕展开司法反击，揭露执法部门对严格遵守到庭规则的庇护申请人实施系统性非法羁押。
- [05:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=345s) 移民及海关执法局（ICE）采用“主动撤诉后庭外设伏”的法律陷阱，剥夺当事人的司法辩护权并将其强行推入缺乏正当程序的快速遣返通道。
- [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) 俄勒冈州数周内逾200人在通勤途中遭暴力拘捕，联邦拘留设施甚至派遣持枪警卫阻绝执业律师入内会见，严重践踏宪法第五修正案。
- [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 扑救森林大火的消防员在行使沉默权时遭无令抓捕，律师团队在促其获释后带其赴国会山作证，揭露联邦清查对一线普通劳工的残酷冲击。
## Key takeaways
- [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) 特朗普政府发起的边境与移民镇压呈现空前激进化，即使严格配合官方审核与法庭流程的守法移民也面临突击羁押，既有法治防线濒临崩溃。
- [02:32](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=152s) Innovation Law Lab 将房车改造为移动法律诊所“正义巴士”（Justice Bus），深入偏远社区提供免费诉讼与庇护申请援助。
- [05:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=345s) ICE 律师在多地法庭利用程序漏洞主动申请撤销诉讼，使当事人丧失在法官面前抗辩的机会，转而落入缺乏司法审查的快速驱逐程序。
- [05:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=345s) 在 YZLH 庇护案中，律师团队紧急提交人身保护令申诉，联邦法官严厉裁定政府拘留违法并责令当天立即无条件释放当事人。
- [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 斯蒂芬·曼宁引用法学著作《双重国家》指出，移民群体正被从规则明确的“规范国家”强行拖入不受成文法约束的“特权国家”深渊。
- [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 野外消防员埃尔南德斯在奥林匹克半岛灭火前线遭突击搜捕，即便明确行使宪法第五修正案权利仍遭非法羁押，后在舆论与法律压力下重获自由。
- [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) 联邦机构短时间内在俄勒冈州密集拘捕超200人，并试图通过跨州快速转移切断被捕者与当地法律援助机构的联系。
- [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) ICE 拘留设施以行政借口和武装守卫阻绝律师合法会见当事人，人为剥夺被羁押者获取法律代表的正当程序权利。
- [16:21](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=981s) 联邦法庭在审查会见权紧急救济时要求补充更多证据，漫长的司法流程与密集爆发的街头无令抓捕给法援团队造成巨大营救负荷。
- [17:52](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1072s) 无差别的暴力清查使移民社区陷入极度恐慌，日常外出与加油均需他人代劳，法律援助成为维系家庭免于骨肉分离的最后屏障。
- [19:26](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1166s) 司法部律师在法庭辩论中公开指责原告“利用司法机关阻止驱逐”，折射出行政执法力量试图凌驾于宪法司法审查之上的危险逻辑。
- [21:14](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1274s) 获释消防员里戈韦托前往国会大厦向参议员作证，将第一线移民亲历的非法抓捕与正当程序剥夺直接呈递给国家立法者。
- [23:42](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1422s) 维权律师长达一年的司法反击成功拆除了大规模驱逐机器的若干关键环节，推动全美多地法院认定政府对强制羁押的法条解读存在严重违法。
## Detailed walkthrough
### [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) 席卷全美的移民镇压与法律体系的失序
美国政府开启了号称“美国历史上最全面、最彻底的边境与移民镇压行动”，随即在俄勒冈州乃至全美各地引发了极度剧烈且混乱的执法风暴。移民权益倡导组织频频拉响警报，指出这一波镇压不仅力度空前，更呈现出令人费解的无序状态：移民们即使谨小慎微地配合每一个官方流程、准时到庭、严格遵纪守法，却依然会在合法程序中突遭羁押。许多当事人陷入深深的困惑与无助中——“我明明遵守了所有的规则，他们为什么还要逮捕我？”维权律师们敏锐地意识到，当届政府为了实现大规模驱逐出境的目标，已经完全不顾法律界限，甚至系统性地采用非法手段实施激进行动。
面对这场法治危机，非营利法律服务机构“创新法律实验室”（Innovation Law Lab）的执行主任斯蒂芬·曼宁（Stephen Manning）将其视为法律人必须直面的“历史性时刻”。他坦言：“这就是我们当年选择去读法学院的原因，这就是大家来到法律实验室的原因。”该组织长期致力于捍卫移民和难民群体的权利与福祉，践行“捍卫权利的最佳方式就是行使权利；若不使用，权利便会消亡”的信条。在以往，移民法庭即使存在对法条的不同解读与争论，但整体系统依然在法律框架下正常运转；而如今，常态化的法治防线已然崩塌，律师们的首要职责退守成了“尽力维系移民领域内所剩无几的民主碎片”，竭力阻止当事人被强行遣返回充满致命危险的境地。
- 机构与倡导者：Innovation Law Lab 及其执行主任 Stephen Manning。
- 核心冲突：合法合规走流程的庇护申请人与无视正当程序的激进执法力量之间的对抗。
---
### [02:32](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=152s) 从“正义巴士”巡回援助到走上街头抗议
为了让弱势群体能够获得无偿的法律支持，Innovation Law Lab 在俄勒冈州全力推动多项免费法律援助项目，包括紧急组建庇护申请工作坊和流动法律诊所，帮助移民及时递交材料以推进合法诉讼。为了打破地理隔阂、深入需要援助的最偏远社区，他们甚至将一辆原本用于滑雪和露营的房车改造为“正义巴士”（Justice Bus）。车内配备了独立的法律咨询舱，车外搭建了可延伸的遮阳遮雨棚作为临时接待大厅。斯蒂芬幽默地调侃道，这是一场“极限改造”（Extreme Makeover），但“比起我们去滑雪度假，显然现在的社区更需要这辆车”。
与此同时，全美范围内的压迫感与日俱增。得克萨斯州展开了大规模突击搜捕，洛杉矶更因驱逐行动引发紧张局势并被联邦政府调派国民警卫队介入。尽管俄勒冈州尚未发生同等规模的突击搜查，但针对移民群体的系统性压迫已全面蔓延。在该机构工作的活动家伊莎（Isa）代表机构走上波特兰的集会讲台发表演讲。作为来自“身份混合家庭”（Mixed Status Family，即直系亲属中既有美国公民也有无证移民）的成员，她表示维权工作始终关乎自己的亲身体验：“如果移民及海关执法局（ICE）想在俄勒冈州试试宪法到底意味着什么，我们绝不退缩！”
---
### [05:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=345s) 法庭设伏：政府“撤诉后即刻快速遣返”的法律陷阱
全美各地的移民法庭接连上演了一种令人震惊的程序陷阱：ICE 的政府律师主动向移民法官申请撤销针对移民的法庭案件，而法官一旦裁定撤销，等候在法庭门外的 ICE 执法人员便会立刻扑上前去，将毫不知情的移民当场拘禁。这一手法的险恶之处在于：在常规司法认知中，政府主动撤诉往往代表当事人卸下指控、重获自由；然而在当下的移民执法中，政府主动撤回常规法庭程序，实质是为了剥夺当事人继续向法官申诉的宪法正当程序权利，从而迅速将他们转入权利极度受限的“快速驱逐程序”（Fast-Track Deportation Process）。
```mermaid
flowchart TD
accTitle: 移民法庭设伏与快速驱逐流程图
accDescr: 展示移民局律师如何通过主动撤诉将常规庭审转变为缺乏正当程序的快速驱逐陷阱。
subgraph RegularProcess["常规法律程序"]
A["移民遵纪守法到庭<br/>（申请庇护/正常听证）"]
B["ICE 律师主动申请撤销诉讼<br/>（Motion to Dismiss）"]
C["移民法官当庭裁定撤诉"]
A --> B --> C
end
subgraph LegalTrap["法庭陷阱与权利剥离"]
D["ICE 执法人员在法庭门外伏击"]
E["当场拘留当事人"]
C --> D --> E
end
subgraph FastTrack["剥夺正当程序的驱逐通道"]
F["绕过常规法官审判与辩护权"]
G["直接投入快速遣返程序<br/>（Fast-Track Deportation）"]
E --> F --> G
end
```
这种策略最初已在凤凰城、圣迭戈、洛杉矶和西雅图等地相继铺开，波特兰的律师们也严阵以待。斯蒂芬指出，该做法公然侵犯了宪法赋予每一个人的正当程序权利，而当前的混乱“仅仅是灾难的开端”。随后，律师团队代理了一名代号为 YZLH 的庇护申请人。该男子严格遵守了所有规则到庭应诉，但在法庭上直接被联邦执法人员以粗暴手段强行带走。为此，律师团队迅速整理海量诉讼卷宗，依据美国法典第8卷第1182条第(d)款第(5)项（8 U.S.C. § 1182(d)(5)）紧急向联邦法庭提起人身保护令等申诉，强调当事人的假释（Parole）资格旨在寻求庇护保护，且并未自然失效。在经历紧张的法庭辩论后，主审法官从法官席发出了措辞严厉且毫不含糊的口头裁定：认定政府自6月5日起的拘留完全属于非法羁押，下令必须在当天立即无条件释放 YZLH。
- 策略本质：以“撤回常规指控”为掩护，剥夺在法官面前自我辩护的权利，直接推入快速遣返通道。
- 关键案例（YZLH 案）：当事人被关押在华盛顿州塔科马（Tacoma）移民拘留中心，团队成功在联邦法庭赢得法官当天释放的胜诉指令。
---
### [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) “双重国家”理论：从魏玛法律深渊到救火英雄的遭遇
在准备一系列诉状的过程中，律师团队深入研究了德裔犹太法学家恩斯特·弗伦克尔（Ernst Fraenkel）在纳粹德国崛起时期提出的著名法学著作《双重国家》（The Dual State）。斯蒂芬借此阐释当前面临的法治崩塌：
* **规范国家（Normative State）：** 大多数普通人平日所处的法治世界，抵押贷款法、合同法依旧生效，人们开车依然遵守红灯停绿灯行的规则。
* **特权国家（Prerogative State）：** 一个不受宪法和成文法约束的“法律深渊”，权力的掌握者（如当前的国土安全部管理者）说什么，什么就是法律。
斯蒂芬将这种法律分裂形容为美剧《怪奇物语》（Stranger Things）里的“颠倒世界”（The Upside Down）——任何人在任何时刻都可能瞬间从规范国家被硬生生扯入没有任何法理保障的特权国家。法律之所以能成立，是因为社会坚信其存在；但曾经作为美国立国基石、要求所有人一体适用的“法治”（Rule of Law），在眼下的移民领域已荡然无存。
这种特权暴力的典型牺牲品便是野外消防员里戈韦托·埃尔南德斯·埃尔南德斯（Rigoberto Hernandez Hernandez）。8月27日，正当埃尔南德斯在华盛顿州奥林匹克半岛奋不顾身扑救“熊沟山火”（Bear Gulch Fire）时，全副武装的美国海关及边境保卫局（CBP）特工协同国家公园巡逻警强行包围救火队伍，勒令消防员们排成一排并拍摄身份证件。埃尔南德斯当场明确行使了宪法第五修正案赋予的保持沉默权，然而联邦特工在没有任何搜查令或合理怀疑（Reasonable Suspicion）的情况下将他当场逮捕。律师团队迅速召开新闻发布会揭露此等行径，严肃警告公众：“如果边境巡逻队可以在毫无通知、剥夺律师协助的情况下暗中非法拘留一名扑救森林大火的救火员，那么这个国家没有任何人的正当程序权利是安全的。”
在法律团队与舆论压力的强势反击下，ICE 律师最终提出撤销诉讼动议并同意释放埃尔南德斯。律师驾车前往塔科马接他出狱。重获自由的埃尔南德斯在车上淡然谈起狱中的抗争心智：“这是一场心态的游戏。你每天早上醒来，怎么度过这一天完全取决于你自己——你可以选择沉溺在悲苦的境遇里，也可以努力把事情做到最好。我在里面遇到了很多善良的灵魂，他们都是好人，这就是他们对待移民的方式。”看着当事人平安归来，律师感慨道，维权的日子里虽然充斥着令人心碎的打击，但“只要我们能把一个人从拘留中救出来，这一切的搏杀就都是值得的——现在，我们全力为眼前这一个人而战”。
### [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) 联邦铁腕清查俄勒冈与被拒之门外的律师
移民权益倡导者对俄勒冈州迅速恶化的局势感到震惊与愤怒。仅在短短几周内，该州就有200多人在上班途中遭到美国移民及海关执法局（ICE）和边境巡逻队（Border Patrol）的暴力拦截与逮捕。与此同时，特朗普政府在舆论上将波特兰定性为“饱受战火蹂躏”、“暴徒与叛乱分子肆虐”的法外之地，并以此为由加大清查力度。被捕者的待遇急剧恶化，拘押过程充满暴力，且联邦机构以极快的速度将人员跨州转移，企图赶在律师介入之前切断联系。
```mermaid
flowchart TD
accTitle: 阻断法律代理与法律反击流程图
accDescr: 展示联邦执法机构如何阻断被羁押者获取律师协助，以及法律实验室通过紧急诉讼进行反击的流程。
subgraph ICE["联邦拘押与封锁"]
A["街头无令抓捕并迅速转移"] --> B["ICE 拘留设施封锁"]
B --> C["持枪警卫拒绝律师入内"]
end
subgraph LawLab["法律实验室介入"]
C -.->|"阻断第五修正案权利"| D["紧急申请正当程序救济"]
D --> E["提交人身保护令 (Habeas Corpus)"]
E --> F["争取联邦法官裁决与当事人获释"]
end
```
在当地的 ICE 拘留设施内外，上演着荒谬的权力割裂：铁窗内是被拘留者迫切希望获得法律代表，铁窗外是志愿提供免费法律援助的执业律师，但联邦当局严禁双方接触。律师凯特（Kate）手持合法执业文件和授权书前去要求会见当事人，却遭到高处荷枪实弹的守卫阻拦。警卫以“我们下班关门了，周一再来”为由将她拒之门外。这种人为切断法律代理的行径，彻底践踏了美国宪法所赋予的正当程序。
---
### [16:21](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=981s) 紧急听证会与恶劣时机下的无令抓捕
面对执法部门的封锁，创新法律实验室（Innovation Law Lab）的律师团队紧急拨入联邦法院听证会，请求法官下令恢复正当程序，重申宪法第五修正案所保障的基本权利。团队深知诉讼是一场持久战，即便第一阶段的临时救济遭遇不利，案件仍会继续推进。然而，原本期盼在当天清晨出炉的法律代理权（Access to Counsel）裁决并未如期下发，法院门外随时待命出动的“正义大巴”（Justice Bus）只能继续原地待命。
法官随后要求举行新一轮听证会，明确提出在发布禁令前需要原告方补充更多具体事实，证明政府确实系统性剥夺了会见权。雪上加霜的是，就在律师们准备证据的同时，前线突然传来恶劣消息：执法部门又通过一连串毫无逮捕令的突击搜查抓走了至少31人。漫长的诉讼程序与突发的密集抓捕在极度糟糕的时机碰撞在一起，给法律团队带来了巨大的心理与工作负荷。
---
### [17:52](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1072s) 徹夜未眠的营救与蔓延的社区恐惧
在高压连续运转下，团队成员虽然身心俱疲，但仍在缝隙中抢救每一个生命。律师史蒂芬（Stephen）彻夜未眠，但在团队的全力周旋下，他们当天成功促成了两名被拘留者获释；加上此前在混乱中几乎被遗忘的另一人，团队在短短一周内让三名被捕者重获自由。针对最新一波的突击逮捕，创新法律实验室的律师们火速为其中5人提交了人身保护令（Habeas Corpus）申请，向外界展示了“当律师能够接触到当事人时，真正的正当程序究竟是何种模样”。
- **社区恐惧日常化**：大规模清查的暴力程度达到数十年未见的水平，移民社区陷入极度恐慌，许多人甚至不敢驾车去加油站，只能委托朋友代劳，深怕在路上遭遇拦停逮捕。
- **正当程序的核心价值**：倡导者在新闻发布会上公开质问：“如果被 ICE 强行掠走的每一个社区成员都能及时获得律师帮助，今晚又会有多少家庭得以免于骨肉分离？”
---
### [19:26](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1166s) 法庭激辩：被指责“利用司法机关阻止驱逐”
在新一轮听证会上，法律实验室团队提交了压倒性的证据：不仅有出庭作证的执业律师、社区成员和亲历非法逮捕的受害当事人，还辅以详尽的数据记录。然而，代表联邦政府的司法部律师在结案陈词中的言论令全场愕然。政府律师的辩词主要由两部分构成：其一是公开致谢那些“每天冒着生命危险驱逐移民”的执法人员；其二则是声称原告发起这场诉讼的全部目的，就是“利用司法机关的机制来阻止驱逐”。
原告律师对此感到极度荒谬与愤怒。利用司法程序阻止非法驱逐，这正是宪法第五修正案设立的初衷——司法机构本就应当是制衡行政滥权、捍卫个人权利的屏障。政府律师的逻辑无异于公然宣称移民执法者“凌驾于法律之上”。法律团队分析认为，政府律师的这一辩护策略根本不是说给当庭法官听的，而是提前为向第九巡回上诉法院（Ninth Circuit）上诉做铺垫，同时也是为了向媒体发布公关稿，将维权者刻画为“激进的俄勒冈人”。
---
### [21:14](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1274s) 漫长悬置的等待与来自林火前线的证言
联邦法官安·艾肯（Judge Ann Aiken）最终宣布将案件留待进一步审议（Under Advisement），这意味着裁决短期内难以出炉，甚至可能拖过新年。等待的过程异常煎熬，律师们每天必须多次刷新系统查看判决结果。由于缺乏明确的司法保护，每一个走进 ICE 大楼的移民都面临着“踏进去可能就再也走不出来”的巨大未知与恐惧。
```mermaid
flowchart LR
accTitle: 里戈伯托国会发声历程
accDescr: 展现救火队员里戈伯托从遭遇非法逮捕到在律师协助下重获自由，并前往国会山作证的过程。
A["扑救森林大火"] -->|"边境巡逻队非法逮捕"| B["遭无令拘押"]
B -->|"法律实验室介入救援"| C["成功获释"]
C -->|"前往国会山会见议员"| D["公开呼吁保障会见律师权"]
```
在等待裁决的间隙，法律团队带着此前被成功营救的当事人里戈伯托（Rigoberto）前往国会大厦会见联邦参议员。尽管里戈伯托在安检口感到紧张，但他依然勇敢地走上发言席。里戈伯托讲述了自己的经历：他原本是一名在华盛顿州奥林匹克半岛（Olympic Peninsula）扑救森林大火的救火队员，却在扑灭山火时突遭边境巡逻队非法抓捕。正是因为法律援助项目的存在，律师才得以帮他重获自由。将这些亲历者的声音带到立法者面前，不仅让外界真正看清了政策的残酷代价，也让日夜奋战的律师们重新坚定了初衷。
---
### [23:42](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1422s) 撬动驱逐机器与坚守的信念
创新法律实验室长达一年的司法反击，实质上减缓了联邦大规模驱逐体系的推进速度，并成功拆除了维持那台国家暴力机器运转的若干关键齿轮。通过在法庭上发起一次又一次挑战，他们不仅帮助许多个体摆脱了非法羁押，还推动全美多地法院达成共识：政府对法律做出了错误解释，普通移民不应受到毫无底线的“强制羁押”（Mandatory Detention）。
尽管前路依然布满未决的诉讼与政治阴霾，律师团队依然保持着希望。这种希望并非来自盲目乐观，而是源于每一个法庭案件所积累的判例成果、所代理当事人展现出的非凡生命韧性，以及法律团队成员之间不可动摇的勇气与坚守。
## Notable quotes
> [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) 我明明遵守了所有的规则，他们为什么还要逮捕我？ — 当事人
> [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) 这就是我们当年选择去读法学院的原因，这就是大家来到法律实验室的原因。 — 斯蒂芬·曼宁（Stephen Manning）
> [00:11](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=11s) 捍卫权利的最佳方式就是行使权利；若不使用，权利便会消亡 — 创新法律实验室信条
> [02:32](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=152s) 比起我们去滑雪度假，显然现在的社区更需要这辆车 — 斯蒂芬·曼宁（Stephen Manning）
> [02:32](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=152s) 如果移民及海关执法局（ICE）想在俄勒冈州试试宪法到底意味着什么，我们绝不退缩！ — 伊莎（Isa）
> [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 如果边境巡逻队可以在毫无通知、剥夺律师协助的情况下暗中非法拘留一名扑救森林大火的救火员，那么这个国家没有任何人的正当程序权利是安全的。 — 律师团队
> [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 这是一场心态的游戏。你每天早上醒来，怎么度过这一天完全取决于你自己——你可以选择沉溺在悲苦的境遇里，也可以努力把事情做到最好。我在里面遇到了很多善良的灵魂，他们都是好人，这就是他们对待移民的方式。 — 里戈韦托·埃尔南德斯·埃尔南德斯（Rigoberto Hernandez Hernandez）
> [10:02](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=602s) 只要我们能把一个人从拘留中救出来，这一切的搏杀就都是值得的——现在，我们全力为眼前这一个人而战 — 维权律师
> [14:45](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=885s) 我们下班关门了，周一再来 — ICE 拘留设施守卫
> [17:52](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1072s) 如果被 ICE 强行掠走的每一个社区成员都能及时获得律师帮助，今晚又会有多少家庭得以免于骨肉分离？ — 倡导者
> [19:26](https://www.youtube.com/watch?v=8IKy6o8NsC4&t=1166s) 利用司法机关的机制来阻止驱逐 — 司法部律师
## Mentioned
创新法律实验室（Innovation Law Lab）, 斯蒂芬·曼宁（Stephen Manning）, 唐纳德·特朗普（Donald Trump）, 美国国土安全部（DHS）, 美国移民及海关执法局（ICE）, 美国海关及边境保卫局（CBP）, 正义巴士（Justice Bus）, 伊莎（Isa）, YZLH, 塔科马移民拘留中心（Tacoma Immigration Detention Center）, 恩斯特·弗伦克尔（Ernst Fraenkel）, 《双重国家》（The Dual State）, 《怪奇物语》（Stranger Things）, 里戈韦托·埃尔南德斯·埃尔南德斯（Rigoberto Hernandez Hernandez）, 凯特（Kate）, 安·艾肯（Judge Ann Aiken）, 美国联邦第九巡回上诉法院（Ninth Circuit）, 彭博调查（Bloomberg Investigates）
## Video description
Bloomberg Investigates spends a year following a group of lawyers as they sue the Department of Homeland Security and scramble to help free those arrested under Donald Trump's immigration policies.
Bloomberg Investigates is an award-winning series that sets out to uncover the truth behind some of the most powerful stories from around the world.
#Immigration #Trump #ICE
--------
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Visit our partner channel Bloomberg News for global news and insight in an instant.
[Source](https://www.youtube.com/watch?v=8IKy6o8NsC4)
[0:11] Stephen Manning: The best way to defend your rights is to use them. If we don't use them, they vanish.
[11:36] Rigoberto Hernandez Hernandez: It was mainly like a mentality game... You either could dwell on your situation or you just try to make the best out of it.
[22:23] Stephen Manning: We've used the courts to free people from unlawful detention, and decisions across the country have said people are not subject to this mandatory detention—that the government's just interpreting the law wrong
Original transcript
[0:11] - Since taking office,
[0:12] my administration has launched
the most sweeping border
[0:15] and immigration crackdown
in American history.
[0:19] - Immigrant rights groups,
again sounding the alarm over
[0:22] what they say is an
intensifying violent crackdown
[0:25] across Oregon.
[0:27] - Our immigrant community has
been under attack in a way
[0:30] that we haven't seen.
[0:31] Not at this magnitude and
not in this chaotic way.
[0:38] You can comply, you can go to
court, you can do the process
[0:42] and still get picked up.
[0:44] - So many of our clients
right now are experiencing
[0:47] that fall of, but I don't understand.
[0:51] I'm following all the rules.
Why did they detain me?
[1:04] - We had kind of understood
[1:05] that the administration
was gonna move unlawfully
[1:08] and use a lot of illegal tactics
[1:10] to achieve this mass deportation goal.
[1:12] It would be aggressive
[1:14] and the law didn't really matter to them.
[1:29] When we talk about the moment to me,
[1:31] like people talk about like we
gotta meet the moment, right?
[1:33] This is the moment we've all went,
[1:34] this is why I went to law school.
[1:36] Right? This is why you're here at Law Lab.
[1:53] This was the last case we were court for.
[1:58] That will get shredded.
[2:02] Attorney action shots.
[2:04] My name is Stephen Manning.
[2:06] I am the executive director
[2:08] for Innovation Law Lab here at Law Lab
[2:11] our mission is to promote
and protect the rights
[2:14] and prosperity of the
immigrant refugee community.
[2:17] We say the best way to defend
your rights is to use them.
[2:20] If we don't use them, they vanish.
[2:32] In Oregon, we've worked
really hard on making lawyers
[2:35] available at no cost to the community.
[2:39] One of our biggest pushes was to be able
[2:41] to get people's asylum
applications on file
[2:44] so they could move forward
with their process.
[2:46] So standing up workshops,
asylum workshops,
[2:48] asylum legal clinics.
[2:54] We've also thought about like lawyers need
[2:57] to go out into the community
[2:59] and so we have this thing
called the Justice Bus.
[3:02] So Justice Bus, access
to justice everywhere.
[3:07] This actual vehicle that can go to places
[3:11] that need lawyers on site.
[3:13] So this is a consultation
space, consultation spaces.
[3:17] You can get people in here
[3:19] and then we have the canopy
that comes out on the side.
[3:21] So then we can also have like
a lobby space out there.
[3:27] So the physical bus...
[3:29] So this is our ski bus and our camper van
[3:32] and we're like, yeah,
you know what we, this is
[3:35] where this is actually needed
more than us going skiing.
[3:39] Kind of like a makeover.
Is it an extreme makeover?
[3:43] Maybe.
[3:48] Last year was like within the law,
[3:52] obviously there would
be disagreements about
[3:53] what the law could mean or
certain interpretations,
[3:56] but that's normal.
[3:58] It was a system that functioned
[4:00] - Get on the ground.
[4:01] - But what's happening
now? It's all different.
[4:08] - Now it's just about
preserving the shreds
[4:11] of democracy within the immigration space
[4:12] that exists preventing
people's expulsion back into
[4:16] very dangerous places.
[4:17] So the stakes are just
absolutely different.
[4:21] - Immigration enforcement raids
[4:22] are initiated across Texas.
[4:25] - Growing tensions over mass
deportations in Los Angeles.
[4:30] - We saw the administration
[4:33] call in the National Guard on LA.
[4:35] You know, immigration raids
have not happened here in
[4:38] Oregon, but certainly we
have seen just an increase in
[4:42] attack on our immigrant community.
[4:45] I'm gonna be speaking at this
[4:46] rally to really condemn the
actions of the administration.
[4:51] Hey y'all. I'm one of
the speakers.
[4:54] - How are you? I'm Lee.
[4:55] - I'm Isa. I work at
Innovation Law Lab.
[4:58] - Oh right, I think I've heard of it.
[4:59] - We need Oregon leaders to ensure
[5:02] that our state stands strong.
[5:04] Let's protect the place we call home.
[5:07] And if ICE wants to find out
[5:09] what the constitution means in Oregon,
[5:12] we will not back down.
[5:18] I come from a mixed status family.
[5:20] That means there are people
in my immediate family
[5:23] that have citizenship.
[5:25] There are people who have no documents.
[5:29] The personal is always in the work.
[5:33] - When immigrant rights are under attack,
[5:34] what do we do?
[5:35] - Stand up! Fight back!
[5:45] ICE detained four people at the courthouse
[5:47] who were seeking a asylum
[5:49] - Taken out of immigration
court and into custody.
[5:51] - This man was the last of four immigrants
[5:54] taken into custody.
[5:55] You know, we started to see this practise
[5:57] where ICE attorneys would ask judges
[6:00] to dismiss people's cases.
[6:02] The judge would then dismiss the case
[6:05] and there would be ICE
agents outside waiting
[6:09] to pick up that person.
[6:12] - ICE is asking immigration
judges across the country
[6:15] to dismiss the court
cases of certain migrants
[6:17] so the agency can arrest
them once their hearings end
[6:21] and place them in a fast
track deportation process.
[6:25] - Usually it's a good thing if
the government drops charges
[6:28] against you, but here they're
dismissing proceedings in
[6:31] order to put you in a form of proceedings
[6:34] where you have fewer rights
[6:36] to actually speed up your deportation.
[6:39] - So far it's not
happening here in Portland?
[6:41] - Not yet. Not
- Yet. We right. It's not yet.
[6:44] We've been in, so we've
they rolled it out,
[6:46] started rolling it out last week.
[6:48] Phoenix, San Diego, LA, Seattle.
[6:51] So we were anticipating it
starting sometime this week.
[6:55] So we're just preparing.
[6:57] It violates the constitution
[6:59] because they did it without regard
[7:01] for anybody's due process rights.
[7:04] I think it's gonna get really, really bad
[7:07] and I think we're only at the
beginning of bad right now.
[7:29] Court cases generate a lot of documents.
[7:38] So our client, YZLH is seeking
asylum in the United States.
[7:42] He went to immigration court.
He's completely fought all the
[7:44] rules in every single
rule he has followed.
[7:47] At immigration court
[7:49] they grabbed him. They
have power to do so,
[7:52] but it still has to be lawful,
[7:53] like they've gotta do it
within the, the confines
[7:55] of the constitution.
[7:57] The government did not do
that at all in this case
[8:01] in YZLH, they were literally
like grab him and let's go.
[8:12] - We would ask the court to
find that petitioner's parole
[8:14] grant of parole under 8
USC 1180 2D5 has not
[8:18] expired of its own accord.
[8:21] That to the purpose of
petitioner's parole was
[8:23] to seek protection in the us
[8:24] - I would combine these two,
[8:26] if you wanna make it shorter,
[8:29] - Stairs, elevator?
- Stairs.
[8:31] It's disturbing how little
has been a surprise other than
[8:34] I'd say the speed with
which everything's happened.
[8:36] Yeah.
[8:39] - And here I think we're gonna de-mic
[8:43] 'cause we're gonna move
right into the courthouse.
[8:54] Did you see, were you in there?
[8:56] We won.
[8:57] But I gotta go get him out. So I gotta go.
[9:00] He's in Tacoma at the moment.
[9:01] We are working as we
speak to get him released
[9:04] because the court has
ordered his release today.
[9:06] The judge issued a very clear
unequivocal order from the
[9:10] bench that he needs to be released today.
[9:12] That he is, he has been
unlawfully detained since June 5th
[9:16] and he needs to be released today.
[9:18] - You did great. You did great
there, you did great here.
[9:23] You killed it.
[9:25] We won!
[9:32] - That's what you call justice.
[9:35] He should never have been
detained in the first place.
[9:36] Right? But if that wrong
happens, there is a way
[9:39] to get a remedy
[9:41] and it gives me hope that the system,
[9:45] our judicial system recognises
the illegality
[9:49] and will remedy it.
[9:51] So I do have hope.
[10:02] When we were researching, so
we were preparing our briefs,
[10:05] we came across this German lawyer
[10:08] who wrote this law review
article, Ernst Fraenkel.
[10:12] He was practising law
during the rise of the Nazis.
[10:14] So one of the few Jewish lawyers
[10:16] who still had their
licence able to practice.
[10:19] And he started writing
about the dual state.
[10:23] Two states of being.
[10:24] Right? So it's in one he
called the normative state.
[10:29] Most people will spend most
[10:31] of their lives in the
normative state, right?
[10:33] So like the law still
exists here in the US like
[10:36] we have our mortgage law
and our contract law.
[10:38] We all stop at stop signs still.
[10:41] But then there's this other
place, this sort of legal abyss
[10:43] that he talked about,
[10:45] which he called the prerogative state.
[10:48] Whatever the prerogative
of the leader here,
[10:50] the DHS administrators, right?
[10:52] Whoever's in charge, whatever
they say becomes the law.
[10:55] So there is no law. Did you
ever watch Stranger Things?
[11:00] - This is very much like Stranger Things.
[11:02] At any moment in time
you could get ripped from the
[11:05] normative state into the
prerogative state law exists only
[11:09] 'cause we believe it exists, right?
[11:10] It's like so we, we have
to get courts to believe
[11:13] that there's still law and that
they will then enforce law.
[11:17] Previously in the US we'd
had the rule of law,
[11:20] which means all the laws apply.
[11:22] We had that as this bedrock,
[11:24] but that doesn't exist right now.
[11:36] - So today we
are gonna be hosting a press
[11:39] conference forgo Rigoberto
Hernandez Hernandez,
[11:43] a wildland firefighter that was detained
[11:46] and arrested
[11:48] as he was actively fighting
the Bear Gulch fire
[11:51] in Washington.
[11:52] - This video shows Customs
[11:54] and Border Patrol agents
moving in on crews working
[11:56] the Bear Gulch fire in
the Olympic Peninsula.
[11:59] They lined them up and started
taking pictures of their IDs.
[12:03] - On August 27th, armed
border patrol agents working
[12:06] with National Park Rangers
illegally arrested Mr. Hernandez.
[12:11] Mr. Hernandez invoked
his fifth amendment right
[12:13] to remain silent and the federal
agents arrested him despite
[12:17] having no warrant or reasonable suspicion.
[12:20] If CBP can unlawfully detain
someone in secret without
[12:24] notice or access to counsel,
[12:26] then no one's due process rights are safe.
[12:42] - This morning we got notice
that the attorneys for ICE
[12:47] motioned to dismiss their
immigration proceedings
[12:52] and that they're gonna release him.
[12:54] So we're gonna drive over
to Tacoma to pick him up.
[12:59] Honestly, kind of shocked that
it turned around so quickly.
[13:19] Does it feel weird being
in Oregon? A little?
[13:28] - It was mainly like a mentality game.
[13:32] So, and I mean that as
in, you know, you wake up
[13:36] and it's on you how you
take about your day.
[13:39] It's either you could
dwell on your situation
[13:43] or you just try to make
the best out of it.
[13:47] And that's what I did. You
know, there were some pretty,
[13:52] pretty good souls that I met in there.
[13:54] You know, they were good people.
[13:56] I heard their situations,
you know, it is just
[14:00] what they do to immigrants.
[14:02] Alright man. Alright,
thank you for your help.
[14:09] - The days that we do get
wins, those are really good,
[14:13] but then there's other days
that it's heartbreaking.
[14:19] If we're able to get one person out
[14:21] of detention, it's worth it.
[14:25] So just working
for the one right now.
[14:45] - Outrage growing among
immigrant advocates.
[14:48] They say more than 200
people have been arrested
[14:50] in the last few weeks.
[14:51] uust here in Oregon.
[14:52] - ICE and Border Patrol are recklessly
[14:54] and violently targeting
Oregonians on their way to work.
[14:58] - Portland is burning to the ground.
[15:00] You have agitators,
insurrectionists, all you have
[15:03] to do is look at the, look
at the television.
[15:06] - The Trump regime
wants to punish Oregon wants
[15:11] to punish Portland, right?
[15:12] As is you know, calling it war ravaged.
[15:15] The detentions are more violent,
[15:16] the arrests are more violent.
[15:17] They're moving people really quickly,
[15:20] faster than the lawyers can operate.
[15:25] At the ICE facility here, there
are people who are detained
[15:29] inside who want lawyers and
there are free lawyers outside,
[15:34] but the government won't let
the people see the lawyers
[15:36] and won't let the lawyers see the people.
[15:38] That's not due process.
[15:41] - I'm an attorney, I'd like to get access.
[15:43] - So this is Kate, that's our lawyer
[15:48] and she's there.
[15:51] She's like, I got my
papers. I'm the lawyer.
[15:53] They're inside.
[15:56] And there's all these guys
up there with the guns.
[15:59] They're like, who are you?
No, we're closed.
[16:01] - Come back Monday. We're closed.
[16:03] - And then they don't let her in.
[16:21] So we're gonna dial in now.
[16:22] So if you've got audio,
turn off the audio.
[16:28] We're asking the judge to kind
[16:29] of just restore due process
[16:31] and return to the status
quo of the Fifth Amendment.
[16:41] The court's now gonna
consider what they're gonna do
[16:43] and they're gonna act with some urgency.
[16:45] Even if she rules against us.
[16:47] This case still goes on,
like we still have a,
[16:49] this is just like the
first stage of the case.
[16:55] - We still do not have
a decision on our access
[16:58] to counsel case, which we had hoped
[17:01] to have a decision this morning.
[17:05] - We got the Justice Bus right
outside the window there.
[17:07] We're ready to go.
[17:20] The judge scheduled another hearing.
[17:22] She specifically wants more
facts to demonstrate the denials
[17:25] of access before she grants
the thing that we've asked for.
[17:29] Almost simultaneously, we got word
[17:32] that there's at least 31
individuals who are scooped up
[17:36] and a whole series of wantless arrests.
[17:39] So those simultaneous things
are happening right now,
[17:44] it's just very bad timing.
[17:45] Very bad timing.
[17:52] Got key, got a wallet, got a licence.
[18:01] Yesterday was a really shitty day.
[18:02] We did a lot of really great work.
[18:04] We're getting two people out.
[18:07] I didn't sleep last night,
by the way.
[18:09] - Oh Stephen.
[18:11] And we got someone out earlier this week
[18:12] that we totally forgot about because we
[18:13] were consumed by this yesterday.
[18:14] So we got someone else.
[18:15] Three people released this week.
[18:17] - So there's a press conference today.
[18:19] Our attorneys from Innovation
[18:21] Law Lab were able to swiftly
reach and file habeus petition
[18:24] for five of those detained.
[18:26] This is what due process
looks like when attorneys can
[18:29] access their clients.
[18:30] If everyone who ICE snatched
from our community were allowed
[18:34] to meet with their with an attorney,
[18:36] how many more families
would be whole tonight?
[18:44] I think the level of violence
[18:47] and the level of just
sweeps that are happening,
[18:51] I think is just an another level
[18:53] that we have not seen in decades.
[18:58] People don't go to get
gas anymore as regularly,
[19:01] or they're sending other
friends to get gas for them
[19:04] because they're afraid
of getting pulled over.
[19:08] Just like trying to
bandage our way through
[19:12] and try to protect as
many people as we can.
[19:26] - Just getting our little
hearing room ready?
[19:41] - Please enter the PIN,
[19:42] followed by the pound key.
[19:45] - We brought a lot of
evidence to that case.
[19:47] Lawyers testified,
community members testified,
[19:51] impacted individuals,
[19:52] testified, we had data,
all kinds of evidence.
[19:55] And I was astounded by
the closing argument
[20:00] by the government lawyer
that had two pieces to it.
[20:05] One was, thanking these people
[20:08] who are out there every
day risking their lives
[20:11] to deport people.
[20:15] And the second piece is
that the whole purpose
[20:18] of this case is to leverage
the machinery of the judiciary
[20:23] to prevent the deportations
[20:28] which is exactly what the case is about.
[20:29] That's called the Fifth Amendment.
[20:31] Like that is the the machinery
[20:34] of the judiciary.
[20:36] That closing argument to me was these men
[20:39] who are enforcing this immigration
[20:41] law, they're above the law.
[21:00] His closing...
[21:02] - It's not a strategy to the
judge, it's a strategy for
[21:04] and ninth circuit judges who
they're gonna like appeal this
[21:07] to and strategy for their press release.
[21:09] They're gonna issue about,
you know, radical Oregonians.
[21:14] - So now Judge Aiken has told us
[21:17] that she's taking under advisement,
[21:19] which means she is gonna
go back and think about it.
[21:22] I don't know that we will get a decision
[21:25] before the New Year.
[21:28] So now we wait.
[21:50] A decision could come at any
time. So I keep checking.
[21:54] I check multiple times to see each day.
[21:57] There's a level of fear that you,
[22:00] I mean, look at the building.
[22:01] It's like you step in and
you might not step out.
[22:04] Everyone who's going in is
being negatively impacted
[22:08] by the fact that we don't
have a decision in that case.
[22:23] - I'm waiting for Rigo to
come in through security
[22:26] and then we're gonna go try
to meet a senator real quick.
[22:37] How you feeling? Ready? Scared, nervous?
[22:41] - A little nervous, but...
- You're gonna do great.
[22:44] - I was fighting a wild land
fire in the Olympic Peninsula
[22:47] when I was arrested by Border Patrol.
[22:50] I am an Oregonian
[22:51] and I'm grateful that
this programme existed so
[22:54] that my attorneys could
fight my unlawful detention.
[22:58] I know I'm just one of many Oregonians
[23:00] who have been targeted by
unlawful arrest and I'm here
[23:03] because we all need to be able
to access an attorney at some
[23:06] of the most critical moments in our life.
[23:10] - We heard stories from
Rigoberto, many other individuals
[23:15] who have been detained.
[23:18] When you bring people
who are directly impacted
[23:20] by what's going on, it grounds you.
[23:23] It brings everything to,
to what we're really about
[23:26] and why we do the work that we do.
[23:29] People were able to hear our voice.
[23:42] - The work that we've done here at
[23:43] Law Lab has slowed the
mass deportation regime
[23:48] and has broken some of the
cogs that are necessary
[23:53] to run that machine.
[23:56] We've used the courts
[23:58] to free people from unlawful detention
[24:02] and decisions across the
country have said people are not
[24:06] subject to this mandatory detention
[24:09] that the government's just
interpreting the law wrong.
[24:13] I'm hopeful about a lot of
the cases that we've brought.
[24:17] I'm hopeful in the resilience
of the people we represent.
[24:21] I am hopeful in the stamina
[24:24] and the courage of the
people that work at Law Lab.
[24:28] I'm hopeful in those things.
