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ICE Is Clearly Violating Constitutional Rights. DHS Denies It.

New report documents numerous abuses, with over 500 U.S. citizens detained

ICE has detained more than 500 U.S. citizens since January 2025, sometimes for days without access to a lawyer or family, and that’s probably an undercount. ProPublica, an independent nonprofit outlet, just published an extensive report on this. The Department of Homeland Security denies it’s happening, but the evidence, videos, and testimonials are overwhelming.

Some U.S. citizens were detained based on little more than their skin color. More than 70 kids and teens were detained, some handcuffed and zip tied. Many were detained while recording officers, which they have a constitutional right to do under the First Amendment, as long as they don’t obstruct or interfere with the officer’s activity.

What makes this story fascinating is that multiple former members of Homeland Security, Border Patrol, and even ICE are speaking out against the abuses, calling them terrible and an embarrassment, probably because they are clear violations of our constitutional rights. We have the right to peacefully protest under the First Amendment.

Law enforcement needs a warrant signed by a judge to enter your home, as the Supreme Court has said in this case. But they’ve barged into citizens’ homes mistakenly, with ICE agents looking for people who didn’t live there. You also can’t have your liberty deprived without due process under the Fifth Amendment, which detaining U.S. citizens without cause definitely violates.

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Ben Sheehan is a political commentator and digital creator. He specializes in civics education, which is showcased in his latest book, What Does the Constitution Actually Say?: A Non-Boring Guide to How Our Democracy Is Supposed to Work. Check out his Substack, Politics Made Easy.

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