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Daniel Suitor @danielsuitor.com · 07/08/2026

Fred Melo of the Pioneer Press, @frederickmelo.bsky.social, got the memo and posted it on Twitter. Here's what he posted. My opinion? It's pure hackery. Anyone who relied on this memo got snowed or was looking for permission to kill this version Right to Repair.

BACKGROUND

On July 20, 2026, residents submitted a citizen-led proposed-ordinance to the City
Clerk, which was accepted. The proposed-ordinance is what’s known as a right-to-repair
law—meaning, it would let tenants fix parts of their apartments without landlord approval or
oversight. But this proposed-ordinance goes even further than typical right-to-repair laws
and imposes harsh penalties on landlords if those tenant-repairs are not inspected in time—
even if the landlord pulls every possible lever to meet that deadline.

After review, the Saint Paul City Attorney’s Office concludes that the current version
of this proposed right-to-repair ordinance is unlawful. Specifically, the proposed-ordinance
conflicts with state law, violates the Minnesota and United States constitutions’ due-process
clauses, and is unconstitutionally void-for-vagueness. This Memo will discuss these issues in
more depth.

LEGAL ANALYSIS

A municipal ordinance will be upheld unless it is inconsistent with the Federal or
State Constitution or state statute. 57. Paul Citizens for Human Rights v. City Council, 289
N.W.2d. 402, 405 (Minn. 1979). This is because municipalities have no inherent powers and
can enact regulations only as expressly conferred by statute or implied as necessary in aid of
those powers which have expressly been conferred. State r. Kubiman, 729 N.W.2d. 577, 580
(Minn. 2007); Mangold Midwest Co. v. Willage of Richfield, 143 N.W.2d. 813, 820 (Minn 1966). In
other words, state law may limit the power of a city to act in a particular area. City of Morris r.
Sax Invs., Inc, 749 N.W'.2d. 1, 6 (Minn. 2008).

Placing an unlawful or unconstitutional amendment on the ballot is a futile gesture
that we do not require. Housing ¢» Redevelopment Auth. WV. City of Minneapolis, 198 N.W.2d. 531,
536 (Minn. 1972) (holding that a district court properly enjoined an election on a proposed

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amendment to a city charter rather than permit the administration and the voters of
Minneapolis…

amendment to a city charter rather than permit the administration and the voters of
Minneapolis to experience the frustration and expense of setting up election machinery and
going to the polls in a process which was ultimately destined to be futile).

The Court will turn to conflict preemption, because a municipality cannot enact a
local regulation that conflicts with state law or enact a regulation when state law fully
occupies a particular field of legislation. Bicking vr. City of Minneapolis, 891 N.WX’.2d. 304, 313
(Minn. 2017). A conflict exists between state law and a municipal regulation when the law
and the regulation “contain express or implied terms that are irreconcilable with each other,
when the ordinance permits what the statue forbids, or when the ordinance forbids with the
statute expressly permits. Id. (citing Mangold Midwest Co., 143 N.W’.2d. at 816; City of Duluth r.
Cerveny, 16 N.W.2d. 779, 785 (Minn. 1944).

In the recent case of I “assear v. City of Minneapolis, a group filed a petition with the City
of Minneapolis to create a city-wide minimum wage in the City Charter. 887 N.W’.2d. 467,
468 (Minn. 2016). After the petition was certified by the Minneapolis City Council as having
sufficient signatures, the Minneapolis City Attorney issued an opinion to the City Council
that the initiative was illegal because Minneapolis does not have a procedure in its charter to
allow ballot initiatives for legislanve ordinances. Id. The Council did not certify the question
for a ballot and the petitoner brought a temporary restraining order requiring the City to
place the initiative on the ballot. Jd. While the district court granted the petitioner’s motion,
the matter was appealed immediately to the Minnesota Supreme Court, which ruled that the
matter should not appear on the ballot because the city charter does not permit legislative
ordinances to be incorporated into the charter. Id.

Similarly, in Bicking v. City of Minneapolis, a petitioner submitted a ba…

In the present case, there are several provisions in the ordinance that potentially
conflict with the law or are irreconcilable with the law and Consutution. First, under Section
34A.03(a) of the ordinance, the tenant is given authority to make a required repair after a 14-
day opportunity for the landlord to complete the repair. However, the tenant lacks authority
to obtain a permit to perform many of the required repairs allowed in the proposed
ordinance. For instance, under the State Building Code,

an owner or authorized agent who intends to construct,

enlarge, alter, repair, move, demolish, or change the occupancy

of a building or structure, or to erect, install, enlarge, alter,

repair, remove, convert, or replace any gas, mechanical,

electrical, plumbing system, or other equipment, the installation

of which is regulated by the code; or cause any such work to be

done, shall first make application to the building official and

obtain the required permit.
Minn. R. 1300.0120, subp. 1 (emphasis added). But the proposed right-to-repair ordinance
flouts this state-level requirement by allowing tenants to unilaterally make these changes
without these permits. This tension strikes at the heart of the rule Minnesota’s appellate
courts constantly reiterate in preemption cases, namely, that that cities cannot pass
ordinances that “‘require building code provisions regulating components or systems of any
structure that are different from any provision of the State Building Code.” Builders 155'n of
Minnesota v. City of St. Paul, 819 N.W.2d 172, 181 (Minn. App. 2012). In fact, state law
explicitly forbids cities from enacting ordinances “that are different from any provision of
the State Building Code.” Minn. Stat. § 326B.121, subd. 2(c) (2026). And the Minnesota
Supreme Court has interpreted this statute to mean that even a local ordinance “that is
merely additional and complementary to a provision in the State Building Code is
prohibited.” City of Morris r. Sax Inves…

ordinance, the repair for the code-violation must only be scheduled within 14 days, so the
ordinance both allows serious major repairs to take longer to repair, than the Building
Official deems reasonable, and may also require general maintenance to be completed in a
time that is quicker than what is reasonable, because the repair does not pose any immediate
safety hazard. The proposed ordinance is simultaneously stricter and more lenient than the
existing Building Code, which is likely an unlawful conflict between the proposed-ordinance
and state law.

Also, the 30-day time-limit for the City Building Official to conduct an inspection
under the proposed-ordinance may also violate the landlord’s due-process rights under the
State and Federal Constitution. The City has only one Building Official with many existing
duties under State Law. Given the very high number of renters living in Saint Paul, there
could potentially be thousands of annual requests for inspections under the proposed
ordinance. Under Section 34A.05(c), if the City is unable to make the inspection within 30
days, the tenant is automatically given the right to repair and withhold rent. If the Building
Official is unable to meet this arbitrary 30-day deadline, then the landlord will be deprived of
its right to collect rent, through no fault of its own. Additionally, Section 34A.09(b) of the
proposed-ordinance allows the City authority to punish a landlord with up to 90 days in jail
for a violation of the proposed-ordinance, under Saint Paul Legislative Code, Section 1.05.
As the proposed-ordinance is currently written, a landlord could be deprived of their right to
liberty, simply because the Building Official was too busy to perform an inspection within 30
days. This is another potential deprivation of freedom that could occur without the due
process of law, as required by the State and Federal Constitution.

The proposed ordinance also conflicts with another area of state law because
pursuant to Sec…

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taylr @taylordahlin.com · 04/08/2026

anders folk is using footage from lake & bloomington raid in his ads featuring people who actually showed up to the scene to defend their neighbors who do NOT support his campaign folk obvs has no footage of himself there and his campaign shouldn’t be bolstered by these brave minneapolis residents

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Kai Shelley @transthem.bsky.social · 04/08/2026

My photo is being used in a campaign ad for Anders Folk. It will come as a surprise to literally no one who has ever met me - I am not supporting his bid Hennepin County Attorney. I've asked that my photo be removed from all materials, & reported the ad. If you see the video, please report it, thx!

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Aisha Chughtai @aishaforward10.com · 09/06/2026

I'm tracking the situation on 28th and Nicollet as the Sheriff’s Office was executing a search warrant. Access points are closed while law enforcement secure the scene. First responders are asking the public to avoid the area for the safety of the public and first responders.

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Omar Fateh @omarfatehmn.com · 31/05/2026

Ballot irregularities at both conventions this weekend. Should the MN GOP and the @dfl.org be put on probation too? 🤔

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taylr @taylordahlin.com · 30/05/2026

VOTING IRREGULARITIES… isn’t this why omar fateh lost his endorsement at the minneapolis DFL convention? but now state having issues with election buddy…

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Kai Shelley @transthem.bsky.social · 04/05/2026

Kyle Barker from Living Single ran so that Winston Schmidt from New Girl could walk, you know what I mean?

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David Brauer @dbrauer.net · 17/04/2026

The borders shift a little each Minneapolis City Council election, but right now it’s striking that an unbroken (though squiggly!) east-west line separates The Eastern People’s Republic of Minneapolis from The Western Confederation of Rich and Poor. [Reposed with 2026 map] 1/

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Daniel Suitor @danielsuitor.com · 15/04/2026

The City of Minneapolis, evicting 48 of the poorest families in its care, for a total of $30,144.

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Neighbors for More Neighbors (N4MN) @moreneighbors.org · 06/03/2026

🚨 ACTION ALERT 🚨 Call Mayor Frey (612-673-2100) and urge him to support PAUSE EVICTIONS, SAVE LIVES. After you call, send an email too: actionnetwork.org/letters/paus...

ACTION ALERT

Call Mayor Frey at 612-673-2100 and tell him to support Pause Evictions, Save Lives!

Sample Script: I am calling to ask Mayor Frey to commit to supporting an extension of the pre-eviction notice period from 30 to 60 days. Countless neighbors are at immediate risk of displacement and this measure is the bare minimum the City can do to protect our neighbors. Can I count on his support?

Text: Pause Evictions Save Lives is an ordinance that gives Minneapolis renters more time to pay their rent. Currently in Minneapolis, landlords must give renters 30-days notice prior to filing an eviction for nonpayment; this ordinance would give renters 60 days notice.

Image showing a concerned person looking at a calendar with the last day of the month highlighted in red, indicating rent is do. An agent with angry eyebrows and in a face covering is waiting outside of the window.

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United Farm Workers @ufw.bsky.social · 06/03/2026

“Kristi Noem caused lasting harm to farm worker communities. Our lawsuit against racist raids is called “UFW v. Noem” for a reason. That fight continues, even if her time as DHS secretary doesn’t.”

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daviss @daviss.org · 06/03/2026

Flyer in a storefront for "A Fundraiser for the people" with Dropkick Murphys and other local artists. The event is today 1-8pm across from the Alex Pretti memorial. Dropkick Murphys are expected to perform an acoustic set at 4. Minneapolis, March 2026

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Aisha Chughtai @aishaforward10.com · 05/02/2026

I’m on the scene at Franklin and 1st. A convoy of about a couple dozen ICE/HSI agents broke the entryway into an apartment building at 6am. No warrant presented. Less than 24 hours ago, Tom Homan announced the end of large convoys in Minnesota… Bullshit.

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Aisha Chughtai - Minneapolis Ward 10 @ward10.minneapolismn.gov · 24/01/2026

Around 9 a.m. this morning, federal agents executed one of our neighbors, Alex Pretti, at 26th and Nicollet in Whittier, in the community I represent. This is the second neighbor murdered in South Minneapolis by ICE in less than three weeks.

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Jason Chavez @jchavezmpls.bsky.social · 17/01/2026

A group of 6 families are coordinating transportation, groceries, rent & utilities for 60+ Folwell families in South Minneapolis (this number grows daily). Most of the students have now shifted to e-learning. Please help our neighbors who are impacted by immigration enforcement. gofund.me/21bb0eb2c

gofund.me

Donate to Help Our Community with Food and Rent Assistance, organized by Sean S

Our community is being threatened and people are afraid. This is a hyper-local… Sean S needs your support for Help Our Community with Food and Rent Assistance

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Jason Chavez @jchavezmpls.bsky.social · 07/01/2026

One of my uncles was kidnapped by ICE yesterday. He was always there for my family and even helped my family afford my graduation party when I graduated college. 💔 Anything helps. ICE has no humanity. Hard workers literally being torn from their families. gofund.me/d84e22b46

gofund.me

Donate to Help Bring Jesus Martinez Home, Ayuden nos a traer a mi papa, organized by Marisol Sandoval

Hi, my name is Luis Mendoza Martinez. On Monday, January 5th,… Marisol Sandoval needs your support for Help Bring Jesus Martinez Home, Ayuden nos a traer a mi papa

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Omar Fateh @omarfatehmn.com · 01/11/2025

Our systems are failing if they are not protecting and serving Women of Color. Over a year and a half ago, our public safety system failed Allison Lussier. This fall, it failed Mariah Samuels.

Photo of a Minnesota Star Tribune article. The headline of the article reads “Minneapolis woman’s killing exposes gaps in how police investigate domestic violence”

Photo of a MPR News article by Melissa Olson. The headline of the article reads “Minneapolis orders audit of police response in death of Allison Lussier”

Photo of a MPR News. The headline of the article reads “Calls for accountability in the murder of Mariah Samuels grow louder”

Photo of a Minnesota Star Tribune. The headline of the article reads “Allison Lussier’s death was suspicious. Her family says Minneapolis police didn’t fully investigate ”

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Omar Fateh @omarfatehmn.com · 29/10/2025

I’m running for Mayor to help build the City my son will grow up in. A safe and affordable city for working families, that gives the next generation the tools they need to succeed. I’m running for my family and yours, because Minneapolis is worth fighting for.

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Omar Fateh @omarfatehmn.com · 27/10/2025

Minneapolis has become a tale of two cities. One for the wealthy and well connected, and one for all of us — the renters, transit riders, and working families who are left with vetoes and broken promises. We need a Mayor who stands with working people, and works as hard as we do.

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Kai Shelley @transthem.bsky.social · 25/10/2025

They don't wanna tell you that's Omar Fateh's Co-Campaign Manager. @grfmpls.bsky.social

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Omar Fateh @omarfatehmn.com · 21/10/2025

It's seven hours and 13 days…until Election Day. Nothing Compares 2 U — the voter. #Prince #Minneapolis www.youtube.com/watch?v=cpGA...

Graphic that says "7 Hours and 13 Days until Election Day," referencing the Prince song Nothing Compares 2 U.

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Kai Shelley @transthem.bsky.social · 14/10/2025

On the left, a unity candidate with a clear vision that's ready to get things done. On the right, a three term mayor who can only boast 8 endorsements, and only half of them live in the city he's running in.

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Omar Fateh @omarfatehmn.com · 14/10/2025

I'm proud to have the broadest coalition of support from elected officials, community members, and organizations, of any candidate in this race. We deserve a Mayor that's ready to collaborate, work across differences, and deliver for residents of Minneapolis.

Photo of Omar Fateh and all his endorsers.

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Omar Fateh @omarfatehmn.com · 13/10/2025

I’m so excited to have my Congresswoman and friend, @ilhanmn.bsky.social, on board with my candidacy for Mayor! She fights hard for the working people of Minneapolis. As Mayor, I’ll partner with leaders like her to build an affordable city that's accountable to us. secure.actblue.com/donate/fateh...

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taylr @taylordahlin.com · 09/10/2025

landlord john wall, minnetonka resident who caucuses and votes in ward 2 minneapolis and held a role on credentials committee that ousted the 80+ robin wonsley supporting delegates at the convention, found in violation of renters' rights voting law and fined taylordahlin.com/f/landlord-j...

taylordahlin.com

Landlord John Wall Found in Violation of Voter Rights Law

This morning, the Minnesota Court of Administrative Hearings found landlord John Wall of the Wall Companies in violation of Minnesota Stat. § 211B.20 on 3 occasions, assigning a penalty of $1,450, for...

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Robin for Ward 2 @robin4mpls.bsky.social · 09/10/2025

We won! Following three weeks of legal proceedings and over five hours in court, the judge found Wayzata-based Minneapolis landlord John Wall in violation of the law on three counts, resulting in a $1,450 fine.

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Christin 🦀, Ward 9 baddie @christin612.bsky.social · 08/10/2025

A single mom in the Duluth area is in need of community care. She is navigating challenging times & was laid off from her job. She needs funds to maintain her housing & to cover basic needs. Please consider contributing or reposting. I will update progress and share screenshots for accountability.🌻

MUTUAL AID REQUEST
A single mother is navigating some difficult times and is in need of financial support for housing, bills, and basic needs.
Goal: $2000
Cash app: $ChristinCrabtree
Venmo: @christin-crabtree
PayPal: @christincrabtree
screenshots of funds raised & transferred to the mother will be provided for transparency

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Kai Shelley @transthem.bsky.social · 04/10/2025

Watching this press conference where Cathy just spent minutes, whole minutes, delivering one big PR word salad. All this is conversation, not about the finals, to give people NOTHING of substance is just a massive disappointment.

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Kai Shelley @transthem.bsky.social · 29/09/2025

A devastating end to a beautiful season 😭

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Kai Shelley @transthem.bsky.social · 27/09/2025

Man oh man, I love Cheryl Reeve.

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Kai Shelley @transthem.bsky.social · 11/09/2025

Getting ready to mandate a picnic because it's clear a lot of people desperately need to touch grass.

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Kai Shelley @transthem.bsky.social · 23/07/2025

Stancil is proof that local democracy thrives with participants, not commentators.

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Kai Shelley @transthem.bsky.social · 20/07/2025

Frey spin room is going all out to try to- 1) dog whistle their way out of a loss 2) cover for the fact that they didn't count delegates before leading a walkout 3) obscure the reality that delegates were willing to stick around for over 12 hours in a plea for better leadership

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Kai Shelley @transthem.bsky.social · 20/07/2025

Omar Fateh is the consensus candidate we need to ensure we leave convention with an endorsement, support him on your second ballot!

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Kai Shelley @transthem.bsky.social · 19/07/2025

If I miss the entirety of the WNBA All Star game tomorrow because of convention... Y'all studbudz have made this the gayest sports weekend we've ever had access to. If you don't have one yet, make this your reason to oppose delay tactics. I'll personally really appreciate it.

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Kai Shelley @transthem.bsky.social · 19/06/2025

I can't begin to express what a difference access to gender affirming care would have made to me when I was young - and how that would have continued to benefit me as an adult. I didn't even know it existed.

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Kai Shelley @transthem.bsky.social · 14/06/2025

I love Blackheart because tonight alone, I've met three Asters, two Kais, and four Ems. I've discussed the Lynx record too many times to count, and chanted "trans masc" just for fun a couple of times. I love Minneapolis, but we don't have a queer bar that comes anywhere near this.

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Lynnell Mickelsen @lynnellmick.bsky.social · 02/06/2025

Another possible headline could be: "Well-Financed Challenger Lydia Millard Fails To Win Endorsement Despite Big Spending by pro-Frey PAC." Strib photo of Chughtai also follows Strib tradition of portraying female electeds as grim and angry (a la former mayor Betsy Hodges and DA Mary Moriarty.)

startribune.com

Minneapolis Council Vice President Chughtai fails to win DFL endorsement; assault allegations fly

Council Member Aisha Chughtai alleged a supporter of her opponent, Lydia Millard, assaulted her during the Ward 10 DFL endorsing convention.

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Rep. Leigh Finke @leighfinke.bsky.social · 16/05/2025

There is no moral distinction between taking healthcare away from trans people and taking healthcare away from undocumented people. If you’re fighting to protect our care then you should be fighting for healthcare for everyone. Everyone. Protect undocumented healthcare.

Image of a rally in the Minnesota Capitol, a full hallway of hands and signs. In the foreground is a blue sign reading “Defend Immigrant Rights”

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Kai Shelley @transthem.bsky.social · 04/05/2025

Ward 5 Convention kicks off to the candidate speaking time being ignored so Mayor Frey can talk right away, immediate confusion to whether or not we are having a prayer break, and complaints about the heat. Strong start

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Carl Atiya Swanson @catiyas.bsky.social · 03/05/2025

The Minneapolis Music Summit is on Saturday the 10th! Come out to Green Room for a day full of networking, panels, resources, and more! Free, RSVP: mplsartsandculture.org/2024-mpls-mu... Produced with the City of Minneapolis Arts & Cultural Affairs Department and MN Independent Venue Alliance.

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Minneapolis for the Many @mplsforthemany.com · 23/04/2025

The landlords behind We Love Mpls are putting a specific emphasis on @aishaforward10.com, which is no surprise when you learn that 40% of their violations in the last three years have been for properties in Ward 10.

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Minneapolis for the Many @mplsforthemany.com · 23/04/2025

We Love Mpls wants to oust the progressives on City Council and re-elect Mayor Frey? But why? As always - follow the money. 68% of their known donations come from landlords responsible for hundreds of Minneapolis property violations in the last three years alone.

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Ian Boudreau @ianboudreau.com · 09/04/2025

If you abduct someone and send them involuntarily and without recourse to a country where they've never lived to be imprisoned, that isn't deportation, it's human trafficking

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Kai Shelley @transthem.bsky.social · 07/04/2025

If we are being real, red tagging is the dialectical equivalent of an omen.

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