Sisters In Law – Episode 278: "Is ICE Melting?"

Date: February 14, 2026
Hosts: Joyce Vance, Jill Wine-Banks, Barb McQuade
Podcast: #SistersInLaw by Politicon

Overview

This episode explores significant legal and political developments concerning U.S. Immigration and Customs Enforcement's (ICE) abrupt withdrawal from Minneapolis, Department of Justice controversies, and the first trials challenging Big Tech's impact on youth. The hosts provide insight into congressional oversight, judicial accountability, and emerging legal challenges, all in the context of 2026's shifting political landscape.

Key Discussion Points & Insights

1. ICE's Retreat from Minneapolis

Congressional Oversight and Public Outrage

• Congressional Oversight Role:
  • (09:54) Barb McQuade explains, “Congress funds all these different federal agencies and they have a responsibility to ensure that their funds are being spent appropriately.”
  • Oversight hearings scrutinized ICE’s recent conduct in Minneapolis, notably regarding use of force and treatment of protestors.
• Critical Incidents Highlighted:
  • (10:30) Incidents like the Renee Goode and Alex Preddy killings and ICE’s general tactics in Minneapolis prompted fierce inquiry.

Indignation and Calls for Accountability

• Joyce Vance shares a notable quote from Rep. Dan Goldman:
  • (11:22) “If you don’t want to be called a fascist regime or secret police, then stop acting like one.”
• Congressional Failures & Need for Reform:
  • (12:28) Jill Wine-Banks criticizes Congress for often failing to use its oversight power effectively.

ICE Policy Reversal and Political Motives

• Tom Homan's Sudden Announcement:
  • (13:46) ICE declared it would leave Minneapolis—potentially to avoid an imminent adverse court ruling and as a political survival tactic due to plummeting poll numbers and widespread outrage.
  • (14:51) Jill: “To survive politically and to avoid a bad decision.”
• Legal “Mootness” and Future Tactics:
  • (17:47) Barb and Joyce discuss concerns that ICE may try to dodge lawsuits by repeatedly shifting operations.
• Congress Using Power of the Purse:
  • (20:12) Democrats’ demands for ending ICE mask usage, banning enforcement in sensitive areas, requiring body cameras, and mandating judicial warrants highlighted as key bargaining points while DHS funding hangs in the balance.

2. Judicial Decisions—Access to Due Process

• Judge Brazel’s Rebuke of ICE Detention Practices:
  • (23:23) Jill: “It appears that in planning for Operation Metro Surge, the government failed to plan for the constitutional rights of its civil detainees.”
  • Judge ruled ICE must provide due process, including access to lawyers and phone calls—this sets important precedent even as appeals are expected.

3. DOJ and FBI Controversies

Fulton County, Georgia—Election Records Search

• Probable Cause Deficiencies:

  • (31:52) Barb: “This affidavit to me comes so far short of demonstrating probable cause that a crime has been committed… What it appears is we've heard from the Secretary of State of Georgia, Brad Raffensperger, who says there may have been some human errors in this election…but there's nothing that would have changed the outcome of the election or zero evidence to indicate that anybody deliberately engaged in fraud.”

• Judicial Oversight and Systemic Trust:

  • (39:11) Magistrate judge's unexpected approval of the warrant sparks debate over legal standards and the erosion of presumption of regularity in DOJ actions.

• Concerns Over Custody of Evidence:

  • (40:16) Barb: “With this administration, I don't trust them as far as I can throw them… There should be… a motion for return of property. But, you know, I don't know. There's no guarantee.”

• Political Motivation of DOJ/FBI Search:

  • (44:12) Barb: “I think that they are trying to keep alive this myth of election fraud.”
  • Joyce: “I also think… it's an effort to harass and intimidate people who run local elections in blue states and blue counties.”

DOJ Attempts to Indict Democratic Members of Congress

• Silencing Dissent:
  • (46:48) DOJ sought indictments under 18 U.S.C. § 2387 (military insubordination) against six Democratic members for accurately stating the law about refusing unlawful orders.
  • (48:35) Barb: “I think there's no crime at all. And I think this is an effort to silence critics.”
• First Amendment and Democratic Safeguards:
  • (49:55) Joyce: “I think what they're doing is they're showing us who they are… Y’all get ready to vote like your life and your country depends on it.”

4. Social Media Lawsuits: Big Tech on Trial

Meta, Instagram & Legal Claims

• Types of Claims:

  • (55:08) Joyce: In LA, focus is on “addictive design,” while NM focuses on “child exploitation.” Both cases highlight mental health harms and dangerous content targeting minors.

• Tech Companies’ Defenses:

  • (56:29) Jill: Points to Section 230 protections, parental responsibility, pre-existing conditions, and implemented safeguards as defenses.

• Comparison to Big Tobacco Litigation

  • (58:35) Joyce: First Amendment is a major stumbling block for plaintiffs—“Regardless of the outcome at trial, I think on appeal, these cases fail because of the First Amendment.”
  • (60:35) Barb challenges this, doubting algorithms are protected speech and arguing for strict scrutiny and tailored government intervention for child safety.

Notable Quotes & Memorable Moments

• On ICE Accountability:
  • Dan Goldman (via Joyce) (11:22): "If you don’t want to be called a fascist regime or secret police, then stop acting like one."
• On Democratic Resolve:
  • Barb (20:12): "We want you to enforce the law, immigration laws, but don't do it with masks… reverts to the Biden era policy of avoiding enforcement in sensitive locations like schools, hospitals, and churches."
• On DOJ’s Presumption of Regularity:
  • Barb (41:00): “Many courts have said the Trump DOJ has lost the presumption of regularity because of its refusal to comply with orders.”
• On Effort to Indict Lawful Speech:
  • Barb (48:35): "I can't imagine how they expected to get one. And shame on them for trying."
• On Tech & Free Speech:
  • Joyce (58:35): "Internet and social media companies are engaged in speech which is protected by the First Amendment… No constitutional right is involved in regulating cigarettes."
  • Barb (60:35): "Algorithms are conduct. I don't know that they are speech. If it is being used to manipulate us, I think that's a really interesting question."

Timestamps for Key Segments

| Segment | Timestamp | |---------------------------------------------------|---------------| | ICE in Minneapolis & Congressional Oversight | 08:48 - 20:12 | | ICE Policy Reversal & Court Strategies | 13:27 - 18:08 | | Demands for DHS Funding Controls | 20:12 - 22:53 | | Judge Brazel rebukes ICE on Due Process | 23:04 - 24:26 | | DOJ/FBI Election Fraud Search in Fulton County | 31:52 - 44:12 | | Effort to Indict Democrats for Military Advice | 46:09 - 49:55 | | Social Media Addiction & Exploitation Lawsuits | 55:08 - 62:41 | | Listener Questions (Olympics, Epstein, etc.) | 66:11 - 74:51 |

Listener Questions (66:11 – 74:51)

• Why is ICE at the Olympics? (Barb, 66:49)
  • ICE’s Homeland Security Investigations agents handle major event security, intelligence, counterterrorism, and anti-trafficking—not immigration enforcement.
• Epstein Survivors' Legal Recourse? (Joyce, 68:47)
  • Possible inspector general complaints or, less likely, direct civil suits.
• Sanctions for Political Prosecutions? (Jill, 72:01)
  • Rule 11 sanctions, bar referrals, and dismissal with prejudice; criminal sanctions for knowingly false indictments possible but rare.

Tone and Language

Conversations are candid, passionate, and often laced with legal expertise, indignation at abuse of government power, and earnest encouragement for audience civic engagement. The hosts blend law professor clarity, prosecutor skepticism, and pragmatic political commentary throughout.

Summary Table

| Theme | Insight/Action | |-----------------------------|-----------------------------------------------------------------------------------------------------------------------------------------| | ICE in Minneapolis | Increase in oversight, questions about lawful conduct, withdrawal seen as political maneuver, future of similar federal actions in flux | | DOJ/FBI Election Interference | Broad search warrants based on debunked theories raise rule-of-law worries; judicial trust in DOJ eroding | | Tech Lawsuits | Strong First Amendment obstacles, difference between addiction and exploitation claims, evolving legal theories | | Checks & Balances | Judges and grand juries emerge as crucial backstops amidst executive and legislative failures, but systems are under stress |

For Listeners Who Haven't Tuned In

This episode is a must-listen if you want a clear and forceful analysis of how American institutions are being tested by executive overreach, politicized law enforcement, and the challenge of regulating Big Tech—all delivered by former prosecutors and legal analysts unafraid to call it as they see it. The panel not only breaks down current cases and policy debates but offers a masterclass in civic vigilance and legal literacy.

For more from the #SistersInLaw team, catch their upcoming live show in Denver on April 23.