Reply to Customs agents refuse to follow court order and continue enforcement the executive order

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Those CBP agents better lawyer up; can you say Bivens Actions? [/quote]

The low-level guys will be certified as acting within the scope of their authority assuming they are following orders. It's the higher-ups who may be in trouble but only if they are willfully defying a judge's order. Given the confusion that's not a given. [/quote]

Depends on how long this goes on. It's looking more like disobedience and contempt and less like confusion.

https://www.washingtonian.com/2017/01/29/customs-and-border-protection-still-not-allowing-lawyers-to-see-detainees/

But it's Sunday. If there's no clarification and action on Monday, then we'll see.[/quote]

Agree. Kind of hard for CBP too because the orders from the top apparently keep changing (eg, Priebus saying green cards won't be affected, but giving no details). It's hard to enforce any policy when you don't know what the policy is. But at a minimum it should be exceedingly clear that detainees / travelers must be permitted access to lawyers under the various court orders, so if they are still withholding access tomorrow, I would expect ACLU and others to move for contempt or some other enforcement mechanism on that issue.[/quote]

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