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

The United States Constitution protects all persons, not just citizens. Immigrants—regardless of status—are guaranteed fundamental rights under the Fifth and Fourteenth Amendments, including due process and equal protection of the law. Courts have long held that non-citizens cannot be deprived of liberty without fair legal procedures, including notice of charges and an opportunity to be heard. Immigrants also have Fourth Amendment protections against unreasonable searches and seizures, meaning government agents generally must obtain judicial warrants before entering homes or making arrests. Yet current enforcement practices by Immigration and Customs Enforcement (ICE) increasingly undermine these constitutional guarantees. Policies denying many immigrants the ability to seek bond hearings leave individuals jailed for months or years without meaningful review of their detention. Some immigrants have been detained in makeshift or secretive facilities with limited access to attorneys or family, raising serious due process concerns. Recent enforcement practices have also included home entries based on administrative warrants rather than warrants issued by a judge, a practice widely challenged as a violation of Fourth Amendment protections. Courts have already ruled in multiple cases that prolonged detention without bond or adequate hearings violates constitutional due process. Immigration law allows the government to regulate entry and removal, but it does not permit the suspension of constitutional rights. When people are detained without hearings, searched without judicial warrants, or denied access to counsel, the Constitution is weakened for everyone. A nation committed to the rule of law must ensure that immigration enforcement respects the constitutional rights guaranteed to all persons within the United States.