The Bill of Rights has not held

Famous at five, Liam Ramos was news at six. The whole world saw the image above of 5-year-old Liam being held as bait by immigration officers. They’d arrested his father, Adrián Alexander Conejo Arias, as he returned home with Liam from preschool on Jan. 20. to lure his mother outside her house:
Erika Ramos, Liam’s mother, told Telemundo in Spanish that she “witnessed the scene from the window and couldn’t do anything. Adrián begged me repeatedly not to go outside because he was afraid they would arrest me too.”
Ramos said the immigration officers noticed her, took Liam out of their car and brought him to the front door so she would open it.
“They knocked and knocked, and my son Liam kept saying, ‘Mommy, open the door.’ I was terrified,” she said while sobbing.
She said she didn’t open the door out of fear she would be arrested and her other child would be left alone.
A federal judge on Saturday ordered the boy and his father released.
Warm up your coffee and please read in its entirety this sharp rebuke to DHS Secretary Krisiti Noem, U.S. AG Pam Bondi, Todd Lyons, Acting Director of Immigration and Customs Enforcement (ICE), and others from U.S. District Judge Fred Biery (3 pages). Note the section I’ve bolded:
OPINION AND ORDER OF THE COURT
Before the Court is the petition of asylum seeker Adrian Conejo Arias and his five-year-old son for protection of the Great Writ of habeas 1 corpus. They seek nothing more than some modicum of due process and the rule of law. The government has responded.
The case has its genesis in the ill-conceived and incompetently-implemented government pursuit of daily deportation quotas, apparently even if it requires traumatizing children. This Court and others regularly send undocumented people to prison and orders them deported but do so by proper legal procedures.
[1 Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807); Sir William W. Blackstone, Commentaries on the Laws of England (1765-1769); see also Magna Carta, Article 39.]
Apparent also is the government’s ignorance of an American historical document called the Declaration of Independence. Thirty-three-year-old Thomas Jefferson enumerated grievances against a would-be authoritarian king over our nascent nation. Among others were:
- “He has sent hither Swarms of Officers to harass our People.”
- “He has excited domestic Insurrection among us.”
- “For quartering large Bodies of Armed Troops among us.”
- “He has kept among us, in Times of Peace, Standing Armies without the consent
of our Legislatures.”
“We the people” are hearing echos of that history.
And then there is that pesky inconvenience called the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and persons or things to be seized.
U.S. CONST. amend. IV.
Civics lesson to the government: Administrative warrants issued by the executive branch to itself do not pass probable cause muster. That is called the fox guarding the henhouse. The Constitution requires an independent judicial officer.
Accordingly, the Court finds that the Constitution of these United States trumps this administration’s detention of petitioner Adrian Conejo Arias and his minor son, L.C.R. The Great Writ and release from detention are GRANTED pursuant to the attached Judgment.
Observing human behavior confirms that for some among us, the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency. And the rule of law be damned.
Ultimately, Petitioners may, because of the arcane United States immigration system, return to their home country, involuntarily or by self-deportation. But that result should occur through a more orderly and humane policy than currently in place.
Philadelphia, September 17, 1787: “Well, Dr. Franklin, what do we have?” “A republic, if you
can keep it.”
With a judicial finger in the constitutional dike,
It is so ORDERED.
SIGNED this 31st day of February, 2026. [He meant January.]
Below his signature, Biery added the photo and Bible quotes seen in Kyle Cheney’s post above.
Matthew 19:14 But Jesus said, Suffer little children, and forbid them not, to come unto me: for of such is the kingdom of heaven.
John 11:35 Jesus wept.
In another court decision issued Saturday, federal District Court Judge Kate Menendez punted on a demand from the state of Minnesota and the cities of Minneapolis and St. Paul to end “Operation Metro Surge” by thousands of DHS agents. Plaintiffs had not shown that the action (on the whole, see Biery decision above) had not crossed 10th Amendment constitutional lines:
“Plaintiffs have provided no metric by which to determine when lawful law enforcement becomes unlawful commandeering, simply arguing that the excesses of Operation Metro Surge are so extreme that the surge exceeds whatever line must exist,” she wrote, referencing a courtroom exchange with a lawyer for the state. “A proclamation that Operation Metro Surge has simply gone ‘so far on the other side of the line’ is a thin reed on which to base a preliminary injunction.”
Menendez, however, adds this commentary:
The Court pauses to observe what it is not deciding. At this stage, the Court makes no final determination on the merits of any claims asserted by Plaintiffs. Nor does the Court offer any opinion about the wisdom of Operation Metro Surge. And the legality of many of the specific actions taken by federal agents during the operation is not before the Court in this case. Instead, the Court only decides whether to grant the extraordinary remedy of a preliminary injunction halting a federal law enforcement operation based upon the Tenth Amendment. In answering this question, the Court must view Plaintiffs’ claims through the lens of the specific legal framework they invoke, and, having done so, finds that Plaintiffs have not met their burden. For the reasons discussed below, the motion is denied.
An appeals court stayed a preliminary injunction Menendez issued in January ordering agents not to retaliate “against persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge.” The appellate court found her ruling “too broad” and “too vague” to survive appeal.
Trump 2.0 has generated a “deluge” of such court cases leading in recent weeks to judges ordering the release of hundreds of immigrants, The New York Times reports:
In case after case, federal judges have found that the Trump administration has been ignoring longstanding legal interpretations that mandate the release of many people who are taken into immigration custody if they post a bond.
The surge in such cases has dominated the court dockets in some districts, overwhelming government lawyers who have to defend the detentions. And the wave of people who have been set free has upended the Trump administration’s effort to keep detained immigrants locked up indefinitely, even if they do not pose a public safety threat.
But as we’ve seen, the legal pushback has in no way curbed lawless, aggressive violent behavior by armed agents of the Trump-Miller pogrom. Last month they took the lives of Renee Good and Alex Pretti.
PBS reports that Pretti’s shooting was “at least the fourth shooting fatality linked to immigration enforcement since Trump returned to the Oval Office. At least eight other shootings have led to injury, according to a PBS News review of news coverage, as well as tallies from The Trace, NBC News and The Washington Post.”
The Guardian adds, “Pretti and Good are just two people out of at least eight who have either been killed by federal agents or who have died while in Immigration and Customs Enforcement (ICE) custody in 2026 so far.”
Nor has legal pushback stopped an increasingly imperial Trump administration from ignoring judicial rulings or from declaring Trump a law unto himself. The Bill of Rights is no longer operative if the Trump administration finds your constitutional rights inconvenient. Jeff Sharlet’s slow civil war has accelerated since January 20, 2025.
My sign efforts since August were predicated on a simple notion born out of years of greeting harried voters outside polling stations: if people trust you, they will vote with you. Sign Guy (me) is already familiar to 10,000 commuters per week. With trusted messenger status, I might after Labor Day gently persuade more of them to vote. Naive, maybe, but not simply more of the usual thing. But last month’s events have me reconsidering that strategy and timeline. Things are already too dire. This situation requires more boldness on my part and on yours, and now. Democracy can’t wait.
As he villain in Iron Man 3 put it, “ever since that big dude with a hammer fell out of the sky, subtlety’s kinda had its day.”















