ICE Constitutional Violations
- Unaffiliated Info
- 1 day ago
- 7 min read
The United States Immigration and Customs Enforcement (ICE) agency has committed actions that violate the United States Constitution. These actions violate the fundamental rights guaranteed by the Constitution, including due process, protection against unreasonable searches and seizures, and equal protection under the law. This post will show how ICE’s practices have impacted individuals and communities, and the legal consequences that should follow.
ICE Constitutional Violations: The Fourth Amendment
The Fourth Amendment protects citizens from unreasonable searches and seizures. ICE agents have been conducting raids and arrests without proper warrants or probable cause. In many cases, these actions have taken place in private homes, workplaces, and public spaces, often leading to detentions that many courts have found unconstitutional.
For example, in several documented cases, ICE agents entered homes without judicial approval, relying on administrative warrants that do not meet the legal standards required for criminal searches. This practice raises serious concerns about privacy rights and the limits of government power.
Last year, ICE shifted focus away from the agriculture and hospitality industries—the low-hanging fruit for immigration enforcement—because the raids were hurting business interests. What we’re seeing now is largely a performance of cruelty to satisfy Trump’s base.
70% of ICE detainees have no criminal convictions, according to govt data.
Don’t fall for Trump’s lies about targeting the “worst of the worst.”
As ICE terrorizes cities to fill up detention centers, remember that some of Trump's major donors are private prison corporations.
Due Process Concerns Under the Fifth and Fourteenth Amendments
The Fifth and Fourteenth Amendments guarantee due process, ensuring that no person is deprived of life, liberty, or property without fair legal procedures. ICE’s detention and deportation practices have failed to provide adequate legal representation, timely hearings, and transparent processes.
Many detainees report being held for extended periods without access to counsel or clear information about their cases. This lack of due process has lead to wrongful deportations and prolonged detention, violating constitutional protections.
The acting United States Secretary of Homeland Security Kristi Noem is constantly making false claims about ICE’s procedures and statistics. Here is ICE's own data on the detention population among those arrested by ICE:
- 43% no criminal record (up from 6% at the start of the year),
- 29% at least one prior conviction*
- 28% at least one pending charge
*most common are traffic and immigration offenses.
However, total ICE arrests include thousands of people in criminal custody who are being transferred to ICE. As of October, 2 out of 3 people arrested by ICE outside of a custodial setting, i.e. in American communities, have no criminal record. That's what Americans are seeing. https://bsky.app/profile/reichlinmelnick.bsky.social/post/3mcpj7db7cc2a
Equal Protection and Discrimination Issues
The Equal Protection Clause of the Fourteenth Amendment requires that individuals receive equal treatment under the law. ICE’s enforcement policies have disproportionately targeted certain racial and ethnic groups, raising questions about discriminatory practices.
James Rodden, the attorney for ICE which we identified as the operator of a white supremacist account on X, is back on the job in a Dallas immigration court. https://bsky.app/profile/texasobserver.org/post/3mcfdutkntf2a
CBS has become an unreliable source of information over the past month because of their new CEO being biased toward a fascist viewpoint, but watch until the end and you can see the extreme violence ICE is using against innocent citizens.
Reports and evidence indicate that ICE operations often focus on Latino and immigrant communities, sometimes based on racial profiling rather than individualized suspicion. This selective enforcement undermines the principle of equal protection and fuels distrust between communities and law enforcement.
Impact on Families and Communities
ICE’s constitutional violations extend beyond legal theory; they have real consequences for families and communities. Arrests and deportations often separate parents from children, disrupt livelihoods, and create fear among immigrant populations.
Children of detained or deported parents face emotional trauma and instability. Communities experience reduced trust in law enforcement, which have hindered cooperation on public safety matters. These effects highlight the human cost of constitutional breaches.
ICE is now disappearing Native Americans
ICE and Border Patrol are not protecting anyone. They are trafficking and disappearing people of color under the cover of “immigration enforcement”. Now, in Minnesota, agents are taking Oglala Sioux tribal members, U.S. citizens, Indigenous people on their own land, and effectively vanishing them. Tribal leadership has been desperately trying to locate them. No charges. No transparency. No confirmation of where they are being held. Just federal agents grabbing unhoused Native men and refusing to account for them.
If this were about undocumented immigrants, tribal members wouldn’t be on the list.
If this were about “criminals,” tribal governments wouldn’t be searching for their own people like they’ve been abducted.
This is what trafficking by the state looks like:
• Target people who are poor, unhoused, or marginalized
• Snatch them during coordinated raids
• Move them between agencies and facilities
• Refuse to disclose locations
• Pretend it’s “procedure”
They are doing this to Black, Latino and Asian communities every day and now they’re doing it to Native people, the original citizens of this land, protected by treaties the federal government is legally bound to honor.
When Native Americans can be disappeared by ICE, no one is “safe.”
This is not law enforcement.
This is not immigration policy.
This is a system that treats POC as disposable bodies… and calls it national security.
Rep. Teresa Leger Fernández posted, “ICE detained a Navajo man for 4 hours after he identified himself, offered his Tribal ID, Certificate of Indian Blood, and birth certificate. They told him he must be stealing someone’s identity and that they would “get his family next.” As he described it: “I was treated as if we haven’t earned our place here. This is our place. This is beyond racism, they hate us like we were pests and rodents in their home, but this is OUR home, and always has been.” It is against the Constitution and against basic human dignity to detain and arrest someone for the color of their skin. "ICE must be stopped and Secretary Noem removed from office." https://fernandez.house.gov/
The saddest comments on posts are from Americans, willing to absolve the actions of ICE, without the ruling of a court. The pattern is clear, this is an authoritarian regime without guardrails. Native Americans, who are being denied their US Constitutional rights, afforded them in 1924.
ICE Abuse
ICE supervisors have sexually abused detainees at a female detention center, putting transgender inmates in forced labor. One "job" was pushing heavy cinder blocks across a dorm just to push them back where they started and repeat. "If you wanna be a man, I'll treat you like men," agents would yell. "Aren't you strong enough? Aren't you a man?"
The physical and emotional abuse occurred daily at the hands of the assistant warden, prison officers, and other ICE employees. "There's a really intense and disturbing paper trail of ICE’s knowledge of what was happening in this facility," explained their attorney.
The South Louisiana ICE Processing Center is located in Basile, Louisiana.
ICE is Going After Dissenters as well as Immigrants
Social media monitoring systems, cellphone location tracking, facial recognition, remote hacking tools — now being turned on Americans by ICE to target protesters. bit.ly/3Kq348R
If you are going to protest be sure to take precautions suggested by Bad Faith Times (badfaithtimes.com).
Border Patrol chief Greg Bovino marches through Minneapolis surrounded by federal agents, shouting at American citizens. This isn’t about deporting “the worst of the worst.” It’s about deliberately sowing fear and chaos in cities that oppose the fascist Trump regime.
Civilians have had apparent seizures. One had his eyes roll back. Another had ribs broken.
“I felt like I was going to pass out and die,” said a 16-year-old citizen put in a chokehold.
The government won’t say if any agents have been punished.
ProPublica has found more than 40 cases of immigration agents using banned chokeholds and other moves that can cut off breathing.
Legal Challenges and Court Rulings
Several lawsuits have challenged ICE’s practices on constitutional grounds. Courts have sometimes ruled against ICE, ordering changes to policies or releasing detainees held without proper cause.
For instance, in some jurisdictions, judges have limited ICE’s ability to conduct warrantless home raids or mandated better access to legal counsel for detainees. These rulings underscore the ongoing tension between immigration enforcement and constitutional rights.
DHS and ICE have cleaned up the crime scene and blocked a local investigation and hidden the perpetrator and invaded the state and that is how you know that we are acting in good faith and that everything was the victim’s fault.
ICE are indistinguishable from a terrorist organization
ICE agent: "We're gonna come back for your whole family, okay?"
What Can Be Done
On January 23, 2026 the DHS appropriations bill funding ICE passed with a 220-207 vote. Representative Thomas Massie was the only Republican to vote no. Seven Democrats voted YES on the bill:
- Jared Golden
- Marie Gluesenkamp Perez
- Henry Cuellar
- Tom Suozzi
- Laura Gillen
- Don Davis
- Vicente Gonzalez
These representatives need to be harassed indecently until they resign from office or are impeached from office, they are not protecting your constitutional rights.
Addressing ICE’s constitutional violations requires a combination of legal reform, oversight, and public awareness. Advocates call for the complete abolishment of the agency, while right-leaning moderates are still looking for reforms like the following:
Clearer limits on ICE’s authority to conduct searches and arrests
Guaranteed access to legal representation for detainees
Policies that prevent racial profiling and ensure equal treatment
Increased transparency and accountability within ICE operations
Citizens can support organizations working to protect immigrant rights and hold government agencies accountable. Look for future articles (posts) for information on these resources.
Please try to lend a hand to those whose work actually makes a difference. Donate, protest, whatever – there are countless ways to do so.
ICE is the Gestapo (GestapICE)
ICE agents are America's failures, basically indistinguishable from lazy school shooters, losers who want to play Call of Duty on our streets against people who can't fight back. They have unlimited ammo and toss tear gas like they're pressing L1. They have to be defunded and jailed. All of them.
Focusing on their lack of training is a mistake. With "better training," their violence would simply cost more, and they would still kill whoever they wanted, but make it look more professional — to make people more comfortable, the way many of you are at ease with local police violence.
We need a Governor, Senator or some representative to put them on notice: Resign within the next 48 hours or you WILL be put on trial for treason or sedition like the SS and Nazi’s were at Nuremberg after WWII.
Comments