It is really a simple concept: the people who enforce the
law must follow the law. I believe that most Americans feel that way. The
principle is not controversial. It is not partisan. It is the very foundation
of public trust. When an officer pulls someone over, knocks on a door, or makes
an arrest, the legitimacy of that action depends on the belief that the officer
is acting within the law and not above it. In recent years, a troubling pattern
has emerged involving Immigration and Customs Enforcement. Across the country, journalists,
civil rights groups, and even federal judges have documented cases in which ICE
agents have violated constitutional rights, ignored established procedures, or
used force in ways that raise serious legal questions. These incidents are not
just isolated to Minnesota. They are happening all over the country, and the
pattern demands investigation. I don’t argue against immigration enforcement.
Most favor immigration enforcement. The basic issue is accountability. When the
people empowered to enforce the law break the law, the damage it spreads is far
beyond any single case. It undermines the rule of law itself. The pattern of
violations can’t be ignored.
One of the most alarming trends involves ICE detaining
people who are U.S. citizens. In Minneapolis, agents pulled a Hmong American
grandfather out of his home, in his underwear, in freezing weather, during a
Minneapolis sweep. They detained and zip-tied a father who was a U.S. citizen,
accusing him of being here illegally just because of his accent. These actions
violate constitutional protections against unreasonable seizures and may
actually violate ICE’s own determined protocols. ICE agents have arrested and
deported U.S. citizens, according to legal accountability experts. There have
been over 170 detentions of U.S. citizens. Most happened because of racial
profiling on race, accent, or paperwork errors. ICE promotes rapid removals to
prevent legal review. That is why we are supposed to have Due Process so errors
like this don’t happen. Not all wrongful detention has resulted in deportation,
but deportation documentation shows that citizens have, in fact, been removed
from the United States by ICE.
ICE has used excessive force and reckless conduct, as we
have seen on numerous recordings and reports that have been posted on social
media and in the news. These actions violate federal standards. Agents have
brandished weapons at unarmed children and have used unnecessary force on
elected officials. They are also engaged in reckless pursuits that have caused
crashes. These are not just a violation of policy. They can be violations of
state criminal law. If you or I pointed a gun at children or caused a crash
through reckless driving, we would face consequences. No law enforcement
officer including ICE, should be exempt from those same standards of
accountability.
Two deaths in particular have drawn attention to ICE’s
fatal use of force. Renee Good and Alex Pretti, both U.S. citizens, were
fatally shot by ICE agents in Minneapolis. Civil rights groups argue that the
shootings were unjustified and avoidable. Most of us have seen the videos over
and over again, and some have actually compared them to the George Floyd murder
by the police. Images like that are images that we should never forget. To me,
both shootings were unjustified and should never have happened. You can’t help
but call it murder. If you and I had done something like that, we would have
been arrested and charged with murder. So why did the same not happen to the
ICE agents who did those two shootings? Instead, the Federal Government whisked
them out of state to escape accountability. These killings
deserve a transparent investigation. If the shootings are found to be
unjustified, which I believe that they would be, the officers should face the
same consequences as anyone else.
Illegal stops, questioning, and racial profiling should
never happen. In several cities ICE has been accused of stopping and
questioning residents without reasonable suspicion, often targeting people
based on race or perceived immigration status. This is unconstitutional
policing, which the Supreme Court has been clear about: law enforcement cannot
stop someone based solely on appearance or ethnicity. When ICE ignores this
standard, it is not enforcing the law. They are violating it. The same with
warrantless home entries. Ice has been entering people's homes without judicial
warrants. They have what they call an administrative warrant, which is not
signed by a judge and does not authorize entrance. This practice helps agents use deception and
intimidation, or force to enter private residences. The Constitution is
straightforward; entering a home without a judicial warrant or freely given
consent is a direct violation of the Constitution. When ICE agents violate
these rules, they are not acting as law enforcement. They are acting like lawbreakers.
People may be tempted to dismiss these incidents as
problems that only affect immigrants. That view misses the larger danger. When
a federal agency operates without accountability, everyone is at risk. If ICE
can detain a U.S. citizen, what stops other agencies from doing the same thing?
If ICE doesn’t need a warrant, why would other agencies need them? If ICE can
use deadly force without consequences, what kind of message does that send to
other law enforcement agencies? The rule of law is not self-enforcing. It
depends on institutions respecting the limits and on a public that demands
accountability when those limits are crossed.
There is a simple concept that I think we can all agree on.
A government agency or office cannot claim to uphold the law while breaking it.
When ICE agents violate constitutional rights, they are not just targeting the
individuals, but they are also targeting the Constitution itself. It sends a
message that some communities, such as immigrants, Blacks, Asians, or Latinos,
are not protected by the Constitution and the law as everyone else. That is not
how a constitutional democracy works. Accountability is not anti-law
enforcement. It is the foundation of legitimate law enforcement. We need
investigations and the courts to determine that ICE agents broke the law, and
the consequences should match the same severity as they would for any other
person. For unlawful detention and unconstitutional stops, we should file
criminal charges for unlawful restraint or deprivation of rights, seek civil
liability for damages, and seek termination and loss of federal law enforcement
certification. For excessive force or reckless conduct, there should be assault
or battery charges under state law and federal civil rights charges. For fatal
shootings, there must be an investigation that takes place where the shooting
occurred. If it is unjustified, then state homicide charges must be filed, and a
federal civil rights prosecution for deprivation of rights under the law. For Illegal
home entries, there should be criminal trespass charges and civil rights
lawsuits. For racial profiling, there must be civil rights violations under
federal law. We must also ensure that these people never work in law
enforcement again, because they surely do not believe in the law.
The United States cannot function if the people enforcing
the law are allowed to ignore the law. Accountability is not optional if you
want to ensure the public trust, protect constitutional rights, and maintain
the legitimacy and faith in the Department of Justice. Equal justice under the
law means exactly that, EQUAL.
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