Welcome to Saturday Hashtag, a weekly place for broader context.
|
Listen To This Story
 |
200 million Americans now live under ICE rule — not constitutional law — in a zone controlled by an army of up to 600,000 agents.
Zone Origin Story
Within the 100-mile border enforcement zone — established under 8 US Code § 1357 of the 1952 Immigration and Nationality Act, the US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) are granted broad, quasi-legal authority to stop, search, and detain people without a warrant.
These powers blatantly violate constitutional rights, especially the Fourth Amendment’s protection against unreasonable searches and seizures.
This zone encompasses two-thirds of the US population, covering every coastline, land border, and major city — from New York and Los Angeles to Miami and Seattle — including the entire state of Florida and most of New England.
It has effectively turned vast regions of the country into surveillance zones, where constitutional rights are at the whim of masked agents.
Version 2.0
Trump’s 2020 expansion of the 287(g) program not only amplified the power of roughly 50,000 federal immigration agents — including Border Patrol, ICE’s Enforcement and Removal Operations, and CBP — but also dangerously extended that authority to local law enforcement by federally deputizing them without proper training, creating a sprawling domestic enforcement network of up to 600,000 that operates with minimal oversight and near-total impunity.
This enforcement apparatus wasn’t merely empowered under President Donald Trump — it was also insulated from accountability. His administration not only expanded its authority and broadened its immunity from prosecution but also actively obstructed oversight. By restricting access to government records and gutting the Freedom of Information Act (FOIA) through institutional obstructionism, it delayed, denied, or outright blocked requests for transparency.
Within the 100-mile zone, the Bill of Rights is effectively nullified. Habeas corpus and due process are ignored, leaving nearly 60 percent of the US population under the unchecked authority of DHS, ICE, CBP, and Border Patrol — agencies with little to no accountability for their crimes.
Agent Immunity
In January, former Trump border patrol agent Efren Lopez Cornejo, a member of the special militarized BORTAC Unit, was convicted of molesting his own daughter as well as kidnapping and sexually assaulting a middle schooler while on duty. Despite the severity of these crimes, Cornejo received no prison time.
Judge Casey McGinley, appointed by Trump ally Governor Doug Ducey, a Trump ally, imposed an outrageously lenient sentence — probation without sex offender registration — demonstrating the shocking lack of accountability for agents who commit serious crimes.
The prosecutor (likely Brad Roach) argued Cornejo’s law enforcement background demanded harsher accountability, but McGinley disagreed, claiming it would deny officer Cornejo “rehabilitation.” The victim’s mother condemned the dozens of officers who filled the courtroom in support of her daughter’s abuser, saying, “They’re telling us child abuse is acceptable.”
Agent Control
In so-called “border zones,” agents like the ones from McGinley’s courtroom can stop, search, and seize belongings (including digital devices and cash) from any US resident — citizens included. They can detain them indefinitely without cause, without charges, without a lawyer, and without even granting a single phone call.
American citizens could also be sent to a foreign prison with no evidence, no trial, and no way to fight back. This is a shocking assault on the country’s fundamental freedoms and what it means to be an American.
Constitutional Violations
- First Amendment: Obstruction of transparency.
- Fourth Amendment: Unreasonable searches and seizures.
- Fifth Amendment: Denial of due process.
- Sixth Amendment: Denial of legal counsel and fair trial.
- Habeas Corpus: Unlawful detention without recourse.
- Separation of Powers: Lack of oversight and accountability.
Legal Rationalizations
- Immigration and Nationality Act: This act grants Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) sweeping authority to enforce immigration laws within 100 miles of any border, often sidestepping constitutional protections in the process.
- CBP and ICE Regulations: Federal regulations allow these agencies to operate on private land within 25 miles of the border without a warrant, giving them broad powers to carry out immigration enforcement far from the physical border.
- Foreign Enemies Act: This law gives the federal government the authority to detain and potentially deport individuals deemed enemies of the United States during wartime or in times of national emergency, further expanding governmental control over foreign nationals and residents under exceptional circumstances.
What You Can Do
- Know Your Rights: Constitutional protections are often ignored by CBP and ICE. You have the right to remain silent and refuse consent to a search, but be prepared for the possibility that agents might still proceed without consent.
- Set Up Emergency Alerts: Use a one-touch alert or code word to notify family and friends if detained by these federal agencies.
- Document and Record: Record interactions with ICE or CBP if possible.
If unable to record, note the time, place, agents’ names, and details of the encounter as soon as possible. - Demand Accountability: Advocate for increased oversight of ICE and CBP, especially in the 100-mile zone. Support reform efforts to challenge abuses of power like the 287(g) program.
- Support Advocacy Groups: Join or donate to organizations like the ACLU, NILC, and others fighting for civil liberties and curbing border enforcement overreach.
- Share Awareness: Educate others about the 100-mile zone and its impact on constitutional rights. Raising awareness strengthens resistance to these violations.
- Take Legal Action: Consult with a civil rights attorney if affected by these practices. Legal action helps challenge overreach and push for change.
- Vote for Reform: Support political candidates focused on protecting civil liberties and curbing ICE/CBP power. Advocate for legislative change to restore constitutional rights.
Bottom-Lined Justice
Boumediene v. Bush in 2008 ensured habeas corpus rights for foreign nationals at Guantanamo, but the 100-mile border zone effectively erases those constitutional rights for actual US residents.
An estimated 600,000 agents, including ICE, CBP, and local deputized police, operate with minimal oversight, conducting warrantless searches, suspicionless stops, and detentions without legal counsel. Framed as national security, these actions target millions — including US citizens—with harassment, intimidation, and imprisonment.
This constitutional crisis affects over 200 million Americans, ruled not by law, but by unchecked authority.
Legal US residents who have been victims of the GOP extra judicial operation:
- Ma Yang — Hmong American deported to Laos despite living in the US for most of her life.
- Kilmar Abrego Garcia — Legal Salvadoran resident wrongfully deported despite being granted legal protection by a judge.
- Dogukan Gunaydin — Legal immigrant student on an F-1 visa detained by ICE due to a drunk driving infraction.
- Alireza Doroudi — Iranian citizen and doctoral student detained by ICE due to allegations of posing a national security threat.
- Rümeysa Öztürk — Tufts University PhD student detained for writing a pro-Palestinian op-ed.
- Badar Khan Suri — Georgetown University postdoctoral scholar from India detained by DHS over alleged terrorist ties.
- Unidentified French scientist — denied entry into the US for attending a scientific conference despite being a legal visitor.
- Rasha Alawieh — Doctor at Brown University detained upon return from Beirut and accused of ties with Hezbollah.
- Rebecca Burke — Welsh tourist detained at the US-Canada border for not having a work visa despite being a tourist.
- Mahmoud Khalil — US legal permanent resident and pro-Palestinian activist detained by ICE despite legal residency.
- Jasmine Mooney — Canadian entrepreneur detained while applying for a TN work visa despite approval.
- Lucas Sielaff — German citizen detained for two weeks due to a routine entry misunderstanding at the US border.
- Jessica Brösche — German citizen detained for six weeks, including eight days in solitary confinement, under suspicion of attempting to work illegally.
- Fabian Schmidt — US green-card holder from Germany detained at Boston Logan Airport despite having renewed his green card.
- Juan Carlos Lopez-Gomez — US citizen detained in Florida during a traffic stop despite presenting proof of citizenship.
- Peter Sean Brown — US citizen detained in Florida and nearly deported to Jamaica.
- Mark Lyttle — US citizen with mental health issues was wrongfully detained and deported to Mexico by ICE despite no ties there, left homeless and stranded in Central America for months.
- Brandon Mayfield — US citizen falsely linked to the Madrid train bombings and arrested without a warrant, held for weeks, and spied on — without due process.
- Andres Sosa Segura — Legal immigrant traveling from Montana to Washington was detained by Border Patrol for hours, despite presenting proof of status and a “Know Your Rights” card.
- Mohanad Elshieky — Libyan asylee returning to Portland, OR, was removed from a Greyhound bus in Spokane, WA, despite showing legal documents; Border Patrol detained him, later confirming his lawful status.
- Jose Hermosillo — US citizen detained at Spokane Greyhound station by Border Patrol, held for hours despite showing his passport before release.
Right-wing media figures who support violating the US Constitution:
- Rob Schmitt (Newsmax) — Claimed undocumented immigrants “have exploited the good nature of this country,” suggesting that due process allows them to “break into the country” and commit crimes without consequence.
- Steve Bannon (podcast host and former Trump aide) — Posted on GETTR, “Alien Criminal Invaders DON’T Get ‘Due Process’ — they Get the Boot,” advocating for the immediate removal of undocumented immigrants without due process.
- Dan Bongino (deputy FBI director, podcaster, and ex-Secret Service agent) — Known for prioritizing border enforcement over constitutional rights.
- Emily Compagno (Fox News) — Dismissed due process calls for deportees, asking, “Where was that when … Trump was being prosecuted, ridiculously, right here in this very city?”
- Mike Cernovich (social media personality) — Claimed Jan 6 defendants were denied basic legal norms and questioned pro-migrant due process advocates’ sincerity.
- Kurt Schlichter (Townhall columnist) — Dismissed due process concerns for deportees, writing it’s ignored “except… for illegal aliens, college students, Trump supporters, and Trump himself.”
- Rogan O’Handley (influencer known as “DC Draino”) — During White House briefing, asked about bypassing court rulings to deport undocumented immigrants without due process, Stephen Miller confirmed suspending habeas corpus is under consideration.
- Brian Kilmeade (Fox News) — Stated, “If we give every one of these guys a day in court and a lawyer — we can’t do it, they don’t deserve it,” dismissing due process for undocumented immigrants as impractical and unwarranted.
- Lawrence Jones (Fox News) — Repeatedly argues against due process for noncitizens, suggesting constitutional rights shouldn’t apply to undocumented individuals.
- Ainsley Earhardt (Fox News) — Defended deportations by citing a disputed 1948 ruling on the Alien Enemies Act, claiming it held they’re “not subject to even judicial review.”
- Trey Gowdy (Fox News) — questioned the due process owed to a permanent resident who celebrates Hamas, implying some don’t deserve full constitutional protections.
- Kayleigh McEnany (Former White House press secretary and Fox News contributor) — Repeatedly opposes due process for noncitizens, echoing the network’s hardline immigration stance.
- Sean Hannity (Fox News) — Condemns sanctuary cities and backs aggressive enforcement over rights, including expanded ICE powers.
- Mark Levin (Fox News) — Supports Trump’s immigration crackdown and has advocated flying alleged criminal migrants to Guantanamo Bay.
- Isaac Schorr (Mediaite) — Criticized both parties’ responses to Supreme Court immigration rulings, warning against partisan attacks on judicial legitimacy while supporting strong enforcement.
- The New York Post’s Editorial Board — Consistently backs expanding ICE and Border Patrol powers, calls to end sanctuary policies, and boost local-federal enforcement cooperation.
GOP-aligned figures who support violating the us constitution:
- Tom Homan (former Border Patrol chief, current border czar) — Criticized Rep. Alexandria Ocasio-Cortez (D-NY) for hosting a migrant webinar amid a DOJ probe, advocates enforcement over rights.
- Marco Rubio (secretary of state, former Florida senator) — Supports securing borders first, then offering legal status to undocumented immigrants, stressing stopping illegal entry before addressing current residents.
- Rick Santorum (former Pennsylvania senator) — Backs building a border wall, boosting border patrol agents, and deploying National Guard troops along the US-Mexico border.
- Paul Gosar (Arizona representative) — A leading opponent of legalizing undocumented dreamers, co-sponsored a bill to repeal the 14th Amendment and end birthright citizenship.
- Juan Ciscomani (Arizona representative) — Backs urgent border security bills and is open to immigration reform, including protections for young immigrants brought here as children.
- Jeff Denham (former California representative) — Co-sponsored 2013 immigration reform and supports a citizenship pathway for undocumented childhood arrivals.
- Susan Collins (Maine senator) — Opposed the 2010 DREAM Act but backed the 2013 comprehensive immigration bill with border security and a citizenship pathway.
- Chuck Jenkins (Frederick County sheriff, Maryland) — Known for anti-immigrant stance and defending the 287(g) program allowing local ICE enforcement, calls immigration the nation’s “single biggest threat” and is likened to tough Arizona Sheriff Joe Arpaio.
- 25 GOP Governors — Governors like Sarah Huckabee Sanders (AR) and Kim Reynolds (IA) back Texas Gov. Greg Abbott’s border efforts, asserting that if the federal government won’t act, states must defend themselves.
- Kristi Noem (secretary of homeland security and former South Dakota governor) — Noted for shooting her dog and not knowing the meaning of “habeas corpus.”
Executives who support violating the US Constitution:
- George Christopher Zoley (executive chairman of GEO Group, a private prison contractor for ICE) — Plans to expand capacity anticipating tougher immigration enforcement under the new administration.
- Damon Hininger (CEO of CoreCivic, a private prison firm in immigration detention) — Seeks to grow the company’s role, seeing policy shifts as a chance to boost ICE contracts.
- Todd Lyons (acting ICE director) — Proposed speeding deportations using private industry models like Amazon Prime, aiming to boost efficiency with greater private sector involvement.
- Rodney Scott (former Border Patrol chief and current CBP commissioner) — Advocates stricter border enforcement, including a border wall and increased deportations.
- Caleb Vitello (former ICE director) — With 20+ years’ experience, supports stronger immigration enforcement and boosting deportations.
- Peter Altabef (CEO of Unisys) — Providing tech solutions for border security; optimistic about growth amid the administration’s stronger border focus.
- Andy Teich (former CEO of FLIR Systems, maker of thermal imaging gear for Border Patrol) — Expects to benefit from rising border security spending.
The Revival of an Old Program Delegates Trump Immigration Enforcement to Local Police
The authors write, “The agency responsible for immigration enforcement has aggressively revived and expanded a decades-old program that delegates immigration enforcement powers to state and local law enforcement agencies.”
ICE Has Broad Power to Detain and Arrest Noncitizens — But Is Still Bound by Constitutional Limits
From The Conversation: “At the most basic level, ICE has broad, sweeping powers to question, arrest, detain and process the deportation of any noncitizen. But ICE is still bound by certain constitutional and other legal restrictions, including noncitizens’ rights to make their case in court to remain in the U.S.”
Arrests/Searches & Seizures
From Hold CBP Accountable: “Like all law enforcement agents, Customs and Border Protection officers are bound by the Fourth Amendment to the U.S. Constitution, which prohibits ‘unreasonable searches and seizures,’ as well as governing statutory and regulatory authority. In general, this means that CBP officers and Border Patrol agents must have ‘reasonable suspicion’ that an individual is engaged in unlawful activity or ‘probable cause’ that he or she violated the law before they may search, interrogate, and/or arrest an individual. However, it is widely reported that CBP officers search, interrogate, and arrest noncitizens without the requisite ‘reasonable suspicion’ or ‘probable cause,’ guided instead by factors such as race and ethnicity.”
Trump Says He’s ‘Not Defying the Supreme Court’ Amid Standoff Over Wrongly Deported Man
The author writes, “The Trump administration has been digging in its heels over Kilmar Abrego Garcia, making the high-profile case a flash point for its broader immigration crackdown. Despite the Supreme Court ruling that the administration must ‘facilitate’ Abrego Garcia’s return, the Trump administration has repeatedly dodged efforts to bring him back to the United States after his illegal deportation, with the administration arguing it merely has to allow his entry back into the country should Salvadoran authorities release him.”
Trump Administration Has Detained Citizens as Part of Mass Deportation Actions
The author writes, “A new report highlights how at least seven U.S. citizens — but likely far more — have been detained, deported or otherwise targeted by the Trump administration’s mass deportation campaign.”
I’ve Been Stopped By Police or ICE
From the ACLU: “The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. The federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S.”
This Deceptive ICE Tactic Violates the Fourth Amendment
The author writes, “For years, ICE has impersonated the police and used other ruses to lure immigrants into detention and deportation. Two ACLU clients share what it’s like to fall into an ICE trap.”
Trump’s Rescission of Protected Areas Policies Undermines Safety for All
From the National Immigration Law Center: “This factsheet explains the protected areas policy, the laws that currently apply to these areas, and the steps advocates and communities can take to help immigrants maintain access to essential community spaces and services.”
A Court Found That ICE Agents Violated Constitutional Rights. The Defendants Were Deported Anyway.
From Mother Jones: “‘It’s very difficult to prove racial profiling. The officer always has some other reason on why he stopped your client and no one else.’”
A Law Unto Themselves: US Border Patrol Expands Use of Warrantless Searches
The author writes, “The United States Border Patrol (USBP) federal law enforcement agency has stepped up its anti-immigrant initiatives by expanding the use of checkpoints up to 100 miles away from the border or the coastline and using private property without warrants or permission from the owners to carry out surveillance.”
