Wednesday, May 14, 2025

The Legal Right to be poor: The Home as Sanctuary (1763): Judge orders Minnesota pending resident to be released!

 THE HOME AS SANCTUARY —THE LIMITS TO O NE’S CASTLE

The poorest man may in his cottage bid defiance to all the forces
of the Crown. It may be frail; its roof may shake; the wind may
blow through it; the storm may enter; the rain may enter; but the
King of England cannot enter—all his force dares not cross the
threshold of the ruined tenement!

William Pitt (1763)6

 https://researchonline.stthomas.edu/view/pdfCoverPage?instCode=01CLIC_STTHOMAS&filePid=13439842800003691&download=true

 Exigent circumstances also can be used to justify warrantless residential searches.

 In 1988, it was revealed that the FBI had conducted surveillance on St. Luke’s and two other sanctuary congregations in the Twin Cities (Twin Cities Friends Meeting of St. Paul and Walker United Methodist in Minneapolis), a revelation which received
harsh criticism by DFL State Representative Phyllis Kahn.

 https://sahanjournal.com/immigration/aditya-harsono-indonesian-student-marshall-minnesota-ice-released/

Aditya Harsono, an Indonesian citizen who studied environmental science and business administration at Southwest Minnesota State University, was arrested at the Marshall hospital where he worked as a supply chain manager on March 27. Since then, he has been detained in the Kandiyohi County Jail in Willmar. 

In detaining Harsono, the Department of Homeland Security cited a 2023 misdemeanor conviction for property damage, as well as a dismissed citation from his presence at a protest over the police killing of Daunte Wright in 2021. Harsono argued that his detention stemmed from protected speech: in addition to attending the Daunte Wright protest, he had made social media posts with phrases including “BLM” and “Free Palestine.”

Menendez also pointed to DHS’ invocation of Harsono’s criminal complaint from a protest, despite the fact that it was dismissed.

“This further implies that his detention is motivated by his support for a particular viewpoint,” she wrote.

 He has applied for permanent resident status through a family-based petition. His lawyers have argued this makes his presence in the United States “independently lawful” apart from his student status.

 

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