Bloomberg Law Weekend Law: New ICE Strategy, Geofence Warrants
May 30, 2025
Lauren McFerrin, a former NLRB chair and legal analyst, discusses a Supreme Court ruling affecting independent agencies, questioning judicial integrity amid executive power. Leon Fresco, an immigration law expert, shares insights on the complex landscape of deportation cases and ICE's controversial strategies. Alex Ebert highlights the implications of geofence warrants on privacy rights, emphasizing recent court rulings. Together, they explore the evolving challenges at the intersection of law, immigration, and digital privacy.
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Threat to Agency Independence
- The Supreme Court's recent emergency order signals a potential end to Humphrey's Executor protections for independent agencies from at-will presidential removal.
- This move hints at a shift toward greater presidential control over independent agencies, changing decades of legal precedent.
Humphrey's Executor's Narrow Application
- Humphrey's Executor remains good law but narrowly applies only to multi-member, quasi-legislative or judicial independent agencies.
- The Supreme Court has limited its scope and may soon further restrict or overturn it.
Political Influence on Adjudicative Agencies
- Removing for-cause protections risks turning adjudicative agencies like the NLRB from impartial bodies into political entities.
- Board members may face job insecurity based on case outcomes, undermining fairness and independence.