1. United States
  2. N.C.
  3. Letter

An Open Letter

To: Sen. Budd, Rep. Edwards, Sen. Tillis

From: A constituent in Asheville, NC

January 12

I am writing to express my grave concerns over continued misconduct by U.S. Immigration and Customs Enforcement (ICE), including actions that appear to violate multiple provisions of the United States Constitution. These abuses must no longer go unchecked. ICE’s escalating use of intimidation tactics, including agents concealing their faces and identities during enforcement actions, runs contrary to the transparency required of all public officials acting under federal authority. The concealment of identity obstructs public accountability and violates both the principles of due process and the public’s constitutional right to petition for redress of grievances. The Fourth Amendment guarantees protection against unreasonable searches and seizures; the Fifth and Fourteenth Amendments guarantee due process and equal protection under the law. Courts have consistently upheld that officers acting under “color of law” are subject to personal liability for constitutional violations, as recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Furthermore, Congress has the explicit authority and responsibility to conduct oversight and restrain executive agencies that exceed statutory or constitutional boundaries, as established under Article I, Section 8 of the U.S. Constitution. ICE’s current practices not only undermine the integrity of lawful enforcement but instill fear among citizens and residents alike. Federal law enforcement must never operate as a mechanism of intimidation or oppression. The American people deserve transparency, accountability, and respect for their constitutional rights—not masked officers acting without identification or restraint. As members of Congress, you have taken an oath of office to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” That oath is not symbolic; it establishes a legally binding duty to protect the civil liberties of those you represent and to ensure that all instruments of government operate within the confines of the Constitution. Therefore, I urge you to take immediate action to: • Conduct a full congressional investigation into ICE’s current field practices and their compliance with constitutional and statutory law. • Introduce or support legislation prohibiting law enforcement officers from obscuring their faces or names while engaged in public operations, unless expressly justified and documented under limited national security circumstances. • Restrict appropriations for ICE until it demonstrates adherence to constitutional enforcement standards and operational transparency. • Establish a federal mechanism for victims of ICE civil rights violations to seek redress and hold individual officers accountable under Bivens actions where appropriate. The Constitution demands oversight, and the American people demand protection—not persecution—from their government. I ask you to honor your oath by taking decisive steps to restore transparency, legality, and accountability to our enforcement institutions. Thank you for your time and for your commitment to the rule of law. I look forward to a formal written response outlining your position and planned legislative actions on this matter.

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