Dear Editor,
The United States of America is a constitutional democracy in which the Constitution is the supreme law of the land. Every law enforcement officer and agent, indeed every government official, swears an oath to uphold, protect, and defend the Constitution. Federal law enforcement officers swear an oath that their allegiance will be to the Constitution and laws of the United States, not to the president, not to the head of their agency, not to any policy directive, and not to any political party or ideology.
I am deeply disturbed by ICE agents’ often-repeated, indeed now routine, violations of constitutional rights and federal law in breach of their sworn duty to uphold the Constitution and the laws of the United States.
Credible news agencies report that ICE agents have frequently been committing the following violations of constitutional civil rights:
· Warrantless entry into private homes, in violation of the Fourth Amendment;
· Warrantless arrests and detentions without individualized probable cause or meaningful judicial oversight in violation of the Fourth and Fifth Amendments;
· Use of excessive force in violation of the Fourth Amendment;
· Racial and ethnic profiling in violation of the Fifth Amendment, including the targeting of immigrant communities and individuals who are lawfully present in the United States, including U.S. citizens;
· Use of enforcement “surges” directed at regions perceived to be politically opposed to the current administration, raising concerns about selective, retaliatory, or politically motivated enforcement in violation of the First and Fourth Amendments.
ICE agents appear to be unaware of the limits on their law enforcement authority and limits on the lawful use of force imposed by the Constitution, as well as limits on federal immigration authority under the laws adopted by Congress.
All law enforcement officers exercising extraordinary power – particularly the power to enter homes, detain individuals, and use force – must be thoroughly trained to understand and respect constitutional boundaries and the laws they are enforcing.
The failure to provide adequate training for ICE agents is an abject disaster demonstrating incompetent leadership on the part of Homeland Security Secretary Kristi Noem, Acting ICE Director Todd Lyons, Border Patrol Commander Gregory Bovino, and Attorney General Pam Bondi. Lack of appropriate training has predictably resulted in unlawful conduct, violence, and the erosion of public trust. These outcomes are not aberrations. They are the foreseeable consequences of inadequate preparation and oversight. Whether these failures of leadership are intentional or merely negligent, based upon incompetence, does not matter. We need new leaders now.
Amelia Craig Cramer – Tucson
Cramer is a retired Chief Deputy Pima County Attorney and a former trainer of law enforcement officers.
