Pod Save America What It Would Take to Rein in ICE
189 snips
Jan 18, 2026 
Leah Litman, a law professor and host of the Strict Scrutiny podcast, dives deep into the legal challenges surrounding ICE accountability. She discusses the potential ramifications of invoking the Insurrection Act and how historical precedents affect court interventions. Leah outlines ways the community can push back against ICE actions and highlights the importance of video evidence for accountability. She also calls for legislative changes to improve the ability to sue federal officers, emphasizing the need for action against systemic abuses.
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What Invoking The Insurrection Act Means
- The Insurrection Act allows the president to use the military as an exception to Posse Comitatus for law enforcement purposes.
- Leah Litman says courts may review such a determination but historically the Act targets state actors facilitating private violence, not Minnesota's situation.
Use Cameras And Pressure Representatives
- Record federal officers with your phone because footage can serve as evidence in civil or criminal proceedings and future accountability processes.
- Call state, local, and federal representatives to demand hearings, funding limits, and legislative fixes like a Bivens remedy.
Policy Violations Help Litigation
- DHS policies banning chokeholds can strengthen legal claims by victims and help defeat qualified immunity defenses.
- Litman notes policy violations provide persuasive evidence but don't eliminate other litigation hurdles.
