"They have, in effect, kidnapped people, breaking into cars to make arrests. They have used tear gas and pepper spray on nonviolent protesters. They have refused to identify themselves, wearing masks, using unmarked cars, and switching license plates, presumably to avoid detection. They have kept people in detention without access to lawyers. They have questioned people simply for appearing Latino, speaking Spanish, and being in areas believed to be frequented by illegal immigrants."
"Many of these tactics are plainly illegal. The Constitution incontestably applies to federal immigration officers: The Fourth Amendment protects against unreasonable searches and seizures and excessive force and requires a warrant to search a private home. The Fifth Amendment guarantees due process and bans self-incrimination. The Sixth Amendment establishes a person's right to counsel. Why, then, are they getting away with not following the Constitution?"
ICE agents have engaged in aggressive, often illegal tactics including warrantless detentions of citizens and residents, breaking into cars, using tear gas and pepper spray on nonviolent protesters, refusing identification, and denying access to lawyers. The Fourth, Fifth, and Sixth Amendments apply to federal immigration officers, protecting against unreasonable searches, guaranteeing due process, and ensuring the right to counsel. Two Supreme Court decisions have limited remedies for constitutional violations by immigration officers. Police face exclusionary rules and civil liability that can deter misconduct; immigration enforcement lacks comparable accountability, leaving victims little recourse.
Read at The Atlantic
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