Case Explained: Challenging State Violence by Federal Law Enforcement in an Era of Authoritarianism – Legal Perspective

Federal agents, in pursuit of an anti-immigrant agenda, have descended on communities of color in American cities. Clad in militarized gear, agents from Immigration and Customs Enforcement (ICE), Border Patrol, and other agencies within the Department of Homeland Security (DHS) are engaging in racial profiling and excessive — sometimes lethal — force against immigrants and their supporters. Federal agents’ aggressive and violent tactics to surveil, interrogate, capture, and detain people sow chaos and fear in immigrant communities and communities of color across the country. At the same time, federal law enforcement is suppressing lawful protest and dissent through violence, intimidation, and widespread surveillance.

This escalating show of force has created deep fear and anxiety in the cities occupied by these armed federal forces, and for good reason. Federal agents have ruthlessly killed multiple people exercising their rights in public spaces to document law enforcement activity or express opposition to DHS’s tactics. Federal law enforcement agents have also targeted journalists as they report on these gross civil and human rights abuses to the American people. The federal government’s attacks against protesters and the press violate the First Amendment, one of the pillars of our Constitution and our multiracial democracy. Such wanton violations of cherished civil rights and liberties is anathema to a functioning democracy.  

The use of militarized law enforcement against Black communities and other communities of color isn’t new. And the growing presence of federal law enforcement throughout the country builds upon the Trump administration’s earlier efforts to occupy and illegally terrorize cities with National Guard troops under false pretenses of  “crime emergencies.” The federal government falsely depicts immigrant families as criminals, preying on public fears about “crime” that are rooted in racism and xenophobia.

In reality, history and evidence-based research have shown that relying on aggressive policing and law enforcement are ineffective and punitive strategies that increase criminalization while failing to secure true public safety for everyone.

The infiltration of federal law enforcement throughout our cities directly undermines and threatens what progress has been achieved over the last century in transforming America’s racial caste system to a true multiracial and multiethnic democracy. 

Amid this turbulence, however, LDF, its allies, and everyday people on the ground are working relentlessly to rein in human and civil rights abuses, hold the federal government accountable, protect directly impacted communities, and safeguard our democracy. The resources below highlight some of this work and provide critical information to help you understand this pivotal moment, how we got here, and the ways you can advocate for yourself and your communities.