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Challenging Violence by Federal Law Enforcement in an Era of Authoritarianism

ICE, Border Patrol, other DHS agents, and the National Guard are terrorizing our communities.

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. 

Photo by Arthur Maiorella/Anadolu via Getty Images
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Know Your Rights

Federal agents are not above the law. Constitutional protections and federal and state laws continue to protect residents and constrain the actions of local officers, federal agents, and National Guard troops. Executive orders from the President cannot create or amend existing law. 

If you are arrested by ICE:

Confirm whether you are arrested by asking "Am I under arrest or am I free to leave?"

Remain silent and say you want a lawyer. Your right to remain silent includes your right not to disclose your immigration or citizenship status to any ICE agent, police officer or jail official.

Do not resist arrest.

Do not agree to be searched. If police ask for your consent, they likely don’t have the authority to search you.

Do not talk about the facts of your case to anyone who is not a lawyer. Police may listen to and record anything you say at the precinct, including phone calls.

If you are protesting:

You have the right to photograph anything in plain sight, including government buildings and law enforcement.

Law enforcement officers may not confiscate or demand to see any of your photos or videos without a warrant. They cannot delete any data under any circumstance.

Let someone know where you are going.

Turn off Face ID or fingerprinting unlocking features. Use a strong password instead. Turn off location tracking, bluetooth, and Wi-Fi.

LDF's Work

Guides and Resources

Advocacy

Action must be taken to prevent DHS abuses. Here are the key steps needed.

Policy Advocacy

ICE’s use of surveillance systems is a direct threat to the civil rights of those being monitored and is being used to enable further abuses.

Justice in Public Safety Project

What you need to know about the executive actions about law enforcement in Washington, D.C.

Policy Advocacy

Everyone deserves a public safety system that promotes long-term, sustainable safety in our communities without exclusive reliance on law enforcement. 

Initiatives

LDF works to design and advocate for new, racially just models of public safety and accountability that increase investment in Black communities, minimize contact with police, and leverage community based approaches to public safety.  

LDF Report

LDF answers frequently asked questions about the executive order’s implications and potential impacts.

Justice in Public Safety Project

Through litigation, policy advocacy, and community organizing, LDF works to ensure protestors can fight for change without police violence.

LDF Statements
Legal Advocacy
Research

State of the People Paper

This paper documents how even when Black people obtain citizenship on paper, they are still excluded from the full benefits of membership in American society and presents ideas for changing laws and policies.

UN Consultation

This paper examines traffic stop data to demonstrate how the United States’ criminal legal and immigration systems result in the targeting of Black migrants, forcing Black communities into a prison-to-deportation pipeline.

State of the People Paper

Through litigation, policy advocacy, and community organizing, LDF works to ensure protestors can fight for change without police violence.

TMI Brief

Our research found that at racial justice demonstrations, police were more likely to be present, and escalate their response to include arrests, projectiles, and chemical weapons.

TMI Brief

This brief explains what racial disinformation is, why people spread it, and how it harms multi-racial democracy.

History

Recollection

The Trump administration’s current use of these troops furthers authoritarian purposes.

Justice Above All Podcast

This brief explains what racial disinformation is, why people spread it, and how it harms multi-racial democracy.

Justice Above All Podcast

This episode of Justice Above All unpacks originalism and how it has helped fuel recent efforts to dismantle birthright citizenship.

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