"Immigration-enforcement officers have used tear gas on nonviolent protesters, broken into homes and cars, and killed people, including U.S. citizens. ICE and Customs and Border Protection have been behaving like an out-of-control police force."
"A pair of Supreme Court decisions has undercut the amendment's power against ICE and CBP, allowing evidence gathered in violation of its requirements to be used in deportation proceedings, and shielding agents from lawsuits seeking compensation for excessive force."
"The Administrative Procedure Act allows courts to review potentially unlawful action, thereby ensuring agencies follow the Constitution, other federal laws, and their own rules and procedures."
"Many recent lawsuits against ICE have made things needlessly difficult for plaintiffs by focusing on the unconstitutionality of immigration agents' actions."
Immigration enforcement agencies, including ICE and CBP, have been accused of using excessive force, including tear gas on protesters and unlawful home invasions. Legal challenges against these agencies often invoke the Fourth Amendment, but recent Supreme Court rulings have weakened its effectiveness. The Administrative Procedure Act offers an alternative route for accountability, allowing courts to review agency actions and ensuring compliance with federal laws and regulations. However, many lawsuits have struggled to effectively utilize this legal framework.
Read at The Atlantic
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