An open letter to State Governors & Legislatures

Prosecute ICE Agents for State Crimes During Unlawful Raids

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I am writing to urge you to take immediate action to protect our community from unlawful and aggressive tactics employed by Immigration and Customs Enforcement (ICE) agents. Recent evidence suggests that ICE agents frequently commit state felonies such as burglary, kidnapping, and assault when conducting raids without proper warrants. This is not only a violation of our state laws but also a serious infringement on civil liberties. As a constituent, I am deeply concerned about the safety and rights of all members of our community, including U.S. citizens and children who have been wrongfully detained or deported in recent incidents. We cannot stand idly by while federal agents operate with impunity and disregard for state laws. I strongly believe that you have the legal authority to prosecute ICE agents for state crimes committed during these raids. While convictions may be challenging to secure, the mere threat of prosecution could serve as a powerful deterrent against overly aggressive tactics. This approach would create necessary "institutional friction" and compel ICE to follow proper procedures, ultimately slowing down deportation operations that often violate due process. It's important to note that the Supremacy Clause does not protect federal agents engaged in unlawful acts. There are historical precedents for states prosecuting federal agents, such as Northern states prosecuting slave-catchers before the Civil War. Additionally, we've seen Republican-led states use similar tactics in prosecuting abortion providers, demonstrating the viability of this approach. I urge you to consider initiating prosecutions against ICE agents who violate state laws during raids. Furthermore, I recommend exploring the possibility of an interstate compact for coordinated prosecution across multiple states, which would amplify the impact of this strategy. By taking this bold step, you would be sending a clear message that our state values the rule of law, civil liberties, and the safety of all its residents. This action would not only protect vulnerable communities but also uphold the integrity of our state's legal system. I eagerly await your response and action on this critical issue.

▶ Created on September 28, 2025 by Jeffrey Barlow

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