1. United States
2. Ariz.
3. Letter

I am writing to state plainly that Congress’s failure to hold the President and the Department of Homeland Security accountable for current ICE operations—including those occurring in Minneapolis—constitutes a serious abdication of its constitutional duties. Article I of the United States Constitution vests Congress with the authority and obligation to check executive power through legislation, appropriations, and oversight. That responsibility is not optional. When executive agencies act beyond their lawful authority, Congress is required to intervene. Silence or inaction in the face of constitutional violations is itself a violation of the oath of office. ICE’s authority is derived solely from statute, primarily the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq. That authority is limited, conditional, and constrained by constitutional law. Recent enforcement actions raise substantial questions as to whether ICE is operating outside its lawful jurisdiction, ignoring statutory timelines, and engaging in seizures and detentions without proper legal process. The Fourth Amendment prohibits unreasonable searches and seizures. The Fifth Amendment guarantees due process to all persons within the United States, regardless of citizenship. These protections are not suspended for civil immigration enforcement. Federal courts have repeatedly made clear that immigration status does not negate constitutional rights. When ICE detains individuals without valid warrants or probable cause, or when its actions infringe upon the rights of U.S. citizens, those actions are unconstitutional. Additionally, the federal government may not disregard state sovereignty or local legal processes. The Tenth Amendment and Supreme Court precedent, including Arizona v. United States, make clear that federal immigration enforcement has limits and must respect constitutional federalism. Heavy-handed federal action that ignores these limits is unlawful. The consequences of these violations are not abstract. The United States government will bear legal and financial responsibility for unconstitutional conduct by its agents through civil rights litigation, constitutional tort claims, settlements, judgments, and court-ordered reforms. These actions will cost taxpayers millions of dollars and inflict lasting reputational damage on the United States as a nation that claims to be governed by the rule of law. Congress’s continued failure to act places it in dereliction of its constitutional duty. Oversight delayed is oversight denied. Accountability deferred is accountability abandoned. History will not excuse Congress for permitting executive lawlessness under the guise of enforcement. I expect my elected representatives to defend the Constitution, not accommodate its erosion. I urge you to demand full disclosure of the legal authority, jurisdictional basis, and timelines governing ICE’s actions; to initiate meaningful oversight; and to hold the President and DHS accountable for any violations of constitutional or statutory law. The rule of law requires enforcement against the government itself when it exceeds its authority. Anything less is complicity.