Homeland Security & Hilton Introduce Us To Third Amendment Jawboning! - Above the Law
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Homeland Security & Hilton Introduce Us To Third Amendment Jawboning! - Above the Law
"Everyone check your 2026 Bingo cards because we're not even a week in, and we've already got a Third Amendment controversy brewing in Minnesota! A Hilton Hotels franchisee allegedly refused to house ICE forces sent to the state as part of the administration's most recent anti-immigration surge and rather than accept the private entity's right to refuse service to anyone... the Department of Homeland Security put them on blast."
"We've gone two centuries without a Third Amendment challenge - the provision barring the government from forcing people to house troops in peacetime - because we've lived in a stable democracy governed by officials and a Supreme Court more or less committed to maintaining the rule of law. But since that's all gone out the window, we could finally see the Third Amendment's historic streak as the only member of the Bill of Rights team to duck the Supreme Court all these years."
"ICE officers dispatched to Minnesota need a place to stay and tried to book rooms at a Hampton Inn, part of the Hilton Hotels chain, only to have those reservations canceled by the hotel. Given that other hotels housing Trump's surges around the country have faced protests, the hotel likely made the prudent business decision to honor its existing guests by not forcing them to wade through a picket line every morning."
ICE agents sent to Minnesota sought lodging at a Hampton Inn operated by a Hilton franchisee but had their reservations canceled. The hotel apparently prioritized its existing guests and avoided exposing them to expected protests at locations housing immigration enforcement surges. The franchisee's refusal to host ICE personnel prompted the Department of Homeland Security to publicly criticize the company. The incident revived the Third Amendment's protections against forced quartering of troops, a constitutional provision rarely litigated in modern times. The recent federal deployments and cancellations highlight tensions between private business decisions, public protests, and federal immigration enforcement actions.
Read at Above the Law
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