Fifth Amendment
Coverage of Fifth Amendment in the Nexus archive.
- From ‘neighboring’ to justice: Operation Metro Surge
Minnesota experienced widespread arrests and deportations under ICE's Operation Metro Surge, with 5,000 people detained and $700 million in lost revenue. The operations, criticized for violating constitutional amendments and international human rights laws, targeted cities with large immigrant populations and resulted in nearly 200,000 arrests nationwide by early 2026.
- Appeals court blocks Trump admin from holding migrants without bond for over 90 days
A U.S. appeals court ruled that Immigration and Customs Enforcement cannot detain immigrants for more than 90 days without bond during deportation proceedings. The 2-1 decision by the Fifth U.S. Circuit Court of Appeals cited constitutional due process protections, affecting states like Texas and Louisiana. The Department of Homeland Security disputes the ruling, claiming its legal position on mandatory detention remains valid.
- A federal judge orders an ICE detainee with mental illness released, finding her six-month detention unconstitutional
A Haitian asylum seeker with mental illness was ordered released from Vermont detention after six months, with a federal judge ruling her prolonged detention without a hearing violated her Fifth Amendment due process rights. The case highlighted disputes between prison healthcare providers and outside experts over her treatment.
- Justices reject constitutional attack on foreclosure rules
The Supreme Court rejected a challenge to tax foreclosure rules, ruling that the practice of using auctions to collect unpaid real-estate taxes does not violate the Fifth or Eighth Amendments. The case, Pung v Isabella County, involved a home sold for significantly less than its assessed value to recover $2,200 in taxes, with the court affirming that compensation for the property owner should be based on the auction price, not its hypothetical fair market value.
- Justices send compensation dispute over seized home back to lower court
The Supreme Court ruled that a Michigan county's tax sale price determines 'just compensation' for a homeowner, sending the case back to the 6th Circuit to assess procedural fairness. Michael Pung, executor of his nephew's estate, disputed the county's refusal to pay surplus proceeds based on a later higher sale price. The court emphasized historical precedent allowing tax-driven property seizures with surplus returns.
- Michigan family gets Supreme Court support in foreclosure fairness bid
The Supreme Court reversed a lower court's decision allowing a Michigan county to seize a family home for a $2,000 tax debt, sending the case back to assess whether the auction was fairly conducted. The court ruled the takings clause requires returning surplus proceeds from tax foreclosure sales based on the actual sale price, not hypothetical fair market value.
- U.S. Supreme Court orders lower court to determine if Michigan county unfairly seized family’s home
The U.S. Supreme Court ruled that the Pung family is not entitled to compensation based on the fair market value of their home seized in a tax foreclosure by Isabella County, but sent the case back to a lower court to assess whether the county overstepped by seizing more property than needed to cover a $2,242 tax debt. The family's home was sold at auction for $76,008, significantly below its assessed market value of $194,000, leading to a dispute over compensation.
- House Republicans issue contempt threat against ActBlue after Dem fundraiser refuses to turn over hundreds of documents
House Republicans issued a contempt threat against ActBlue after the fundraiser refused to provide hundreds of documents. ActBlue CEO Regina Wallace-Jones invoked the Fifth Amendment during a congressional appearance on June 10.
- ActBlue CEO invokes Fifth Amendment repeatedly in testimony to Congress
ActBlue CEO repeatedly invoked the Fifth Amendment during testimony to Congress. ActBlue is described as the small-dollar financial engine of the Democratic Party and its candidates.
- ActBlue CEO pleads the Fifth in House hearing on alleged foreign donations
ActBlue CEO Regina Wallace-Jones refused to answer questions during her testimony before the House Administration Committee regarding allegations of the organization funneling foreign campaign donations to Democratic candidates in federal elections, asserting her Fifth Amendment right.
- ActBlue CEO pleads the Fifth as House probes illegal foreign donations to Dems
The CEO of ActBlue, a Democratic fundraising platform, invoked the Fifth Amendment during a House investigation into alleged illegal foreign donations to federal campaigns. She declined to answer questions on constitutional advice.
- ActBlue C.E.O. to Invoke Fifth Amendment in Testimony to Congress
Regina Wallace-Jones, the chief executive of ActBlue, will invoke the Fifth Amendment during her testimony to Congress. The article notes her presence at the 2024 Democratic National Convention in Chicago.
- Op-ed | Reformation of the grand jury process
The article discusses the secretive nature of the grand jury process and calls for reconsideration of its secrecy following violations by the Trump Department of Justice. It explains that grand juries operate with a low standard of probable cause, limited defense input, and prosecutorial control over evidence presented.
- DOJ vows to appeal after judge dismisses smuggling charges against Kilmar Abrego Garcia as 'vindictive'
A federal judge dismissed human smuggling charges against Kilmar Abrego Garcia, ruling the DOJ's prosecution was 'vindictive and selective' under the Fifth Amendment. The DOJ vowed to appeal, calling the decision 'wrong and dangerous,' while a senator praised the ruling as a victory for constitutional rights.
- DOJ vows to appeal after judge dismisses smuggling charges against Kilmar Abrego Garcia as 'vindictive'
A federal judge dismissed human smuggling charges against Kilmar Abrego Garcia, ruling the DOJ's prosecution was 'vindictive and selective' in violation of the Fifth Amendment. The DOJ announced plans to appeal, while the case involved alleged ties to MS-13, a 2022 traffic stop, and a constitutional dispute over Garcia's deportation to El Salvador.
- Jim Acosta on DOJ anti-weaponization fund: ‘Shouldn’t I be compensated?’
Jim Acosta, former CNN chief White House correspondent, questions whether he should receive compensation from the DOJ's anti-weaponization fund after President Trump seized his White House press pass in 2018. Acosta claims the action violated his First and Fifth Amendment rights and was part of a sustained effort to destroy his career.
- MORNING GLORY: End the filibuster, pack the Court, kiss the Constitution goodbye
The article claims the Democratic Party aims to eliminate the Senate's legislative filibuster to expand the Supreme Court, packing it with justices aligned with Ketanji Brown Jackson. It argues this would undermine the Constitution and create a court dominated by progressive activists. Historical context on the 14th Amendment and past Court size changes is cited to support the argument.