Monday, March 3, 2025

ICE will violate constitutional rights in its pursuit of migrants

Lena Graber
The Senior Attorney at the Immigrant Legal Resource Center, Lena Graber warned that the Trump administration promises to intensify immigration policies based on criminalization. Photo: Eric Alcocer

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The upcoming Donald Trump administration, which will begin on January 20, promises to intensify immigration policies based on the criminalization of immigrants, warned Lena Graber, senior attorney at the Immigrant Legal Resource Center (ILRC).

The immigration law expert warned of Fourth Amendment violations and an increase in aggressive tactics by Immigration and Customs Enforcement (ICE).

Graber said the Trump administration will repeat spectacles of cruelty such as the policy of separating families and increasing televised raids, with an increasing use of militarized force.
“The goal is to terrorize migrant communities and use their expanded capacity to arrest, detain and deport people.”

He noted that these measures include courthouse raids, arbitrary detentions, and expedited removal policies, which allow for deportations without a hearing. He also warned of a possible expanded use of the National Guard and other measures to meet mass deportation goals.

The Fourth Amendment: A Right in Danger

Lena Graber stressed that ICE's actions violate the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures.
“Make no mistake, they will violate the law and the Constitution to achieve their mass deportations,” he said.

As an example, he cited recent cases of racial profiling in Kern County, where Border Patrol detained people based solely on their appearance.

According to Graber, approximately 75% of people detained by ICE over the past decade were turned over by law enforcement agencies, including local sheriffs. Collaboration between local authorities and ICE has been key to the expansion of this system.
“We urge local authorities not to hand over migrants to ICE. This is the driving force of the deportation system and must be stopped,” he stressed.

San Francisco: Leadership and Legal Action

Graber urged San Francisco to continue as a bastion of resistance to Trump's policies. The city, known for its strong commitment to sanctuary policies, must act in defense of immigrants and challenge the federal government's legal excesses.

“San Francisco must speak up for immigrants, reject narratives of criminalization, and stand firm on its asylum policies,” Graber said.

Among the concrete actions recommended, Graber highlighted:

  • Reject ICE subpoenas and challenge them in court.
  • Terminate any contracts with ICE related to detention facilities.
  • Go on the offensive and sue the Trump administration for its legal excesses.

She also urged the city to stop allowing immigrants to be used as scapegoats for problems like the fentanyl overdose crisis and instead promote solutions based on public health and evidence.

Lena Graber concluded her message by highlighting the importance of communities, organisations and local authorities working together to confront threats.
“We must dismantle this detention and deportation machinery and defend the rights of all, regardless of their immigration status,” he concluded.

You may be interested in: Fear paralyzes small town in Tulare County, California, after raids

Eric Alcocer Chavez
Eric Alcocer Chavez
Reporter since 1997. Graduate in Law from the Inter-American University for Development (UNID). World citizen. Respondent. Irreverent. Admirer of knowledge and intelligence.

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