Federal and local authorities set up a checkpoint in Washington, D.C., on Wednesday night, targeting drivers for seat belt violations and broken taillights. Witnesses noted that many officers at the scene wore vests identifying them as part of Homeland Security Investigations or ICE Enforcement and Removal Operations. Reports indicate that authorities also inquired about drivers’ immigration status.
In response, nearly 100 protesters gathered, chanting and holding signs urging motorists to be cautious about the checkpoint. They confronted ICE agents, insisting they “read the Constitution.” However, it’s important to recognize that ICE operates under constitutional authority. Despite claims to the contrary, the agency primarily enforces existing immigration laws, rather than creating new ones. Most immigration statutes are established by Congress, the body directly elected by the public.
The Immigration and Customs Enforcement agency possesses extensive power to question and detain noncitizens. This authority is largely derived from the Immigration and Nationality Act passed in 1952, which gives ICE the capability to detain individuals facing deportation. Additionally, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 expanded ICE’s role by allowing it to delegate some enforcement tasks to state and local law enforcement officers.
Past Supreme Court rulings have upheld ICE’s constitutional right to enforce immigration laws, rejecting challenges from states that seek to undermine federal priorities. The Supreme Court’s decisions affirm the clear legal groundwork within which ICE operates, calling into question the legality of sanctuary policies adopted by certain states and cities.
While some critics label the current administration as authoritarian, they often overlook that the authority ICE exercises stems from laws that have been in place for decades. The recent push for stronger immigration laws includes measures like the Laken Riley Act, which mandates the detention of noncitizens charged with specific crimes. Furthermore, several legislative proposals aim to penalize sanctuary jurisdictions that refuse to cooperate with federal immigration enforcement.
Trump administration officials continue to emphasize that existing laws provide a foundation for penalties against local leaders obstructing ICE operations. Under federal law, it remains a crime to harbor or shield illegal immigrants from federal law enforcement. The administration’s commitment to enforcing these statutes signals a determined effort to hold accountable those who challenge the agency’s authority.
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