It is now illegal for civilians to approach local and federal law enforcement, including ICE, in Kansas within 25 feet of officers.

cross-posted from: https://lemmy.world/post/49782361

A Kansas state law barring anyone from being within 25 feet of first responders engaged in their duties is coming under fire from some free-speech advocates, who say the bill violates the First Amendment and would be harmful as federal immigration raids continue throughout the state and country.

The Halo Act, which became law effective July 1 after the Republican-led Kansas legislature overrode the Democratic governor’s veto of the bill, makes it a misdemeanor for civilians to approach local and federal law enforcement, such as Immigration and Customs Enforcement officers, “while such first responder is engaged in the performance of such first responder’s duties.”

It is highly unlikely that this survives review in the 10th circuit, and it is even less likely it survives SCOTUS review should a split circuit occur. The Roberts court has proven itself unusually hostile to laws such as these.

  • adarza@lemmy.caEnglish
    6·
    16 days ago

    one might say that “ICE” in their current operational mode are not “first responders”.

    (d) The term “first responder” refers to those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel (such as equipment operators) that provide immediate support services during prevention, response, and recovery operations. – homeland security presidential directive, hspd-8, 2003, page 1, 2(d)

    • arctanthropeEnglish
      2·
      16 days ago

      including emergency response providers as defined in section 2 of the Homeland Security Act of 2002

      from Homeland Security Act section 2.6:

      The term ‘‘emergency response providers’’ includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

      for ice to not be included, you’d have to successfully argue that they’re not a federal law enforcement agency, which they ostensibly are, even if they do a really bad job of it