Immigration Needs Reform Not More Violence

The Supreme Court in 2024 ruled that presidents have “absolute immunity” from criminal prosecution when taking actions central to their chief executive role. Vice President JD Vance believes the same protection extends to other federal officials, including ICE officers. The view of this Administration is that the President and his ICE enforcers are above the law

“The unprecedented thing is the idea that a local official can actually prosecute a federal official with absolute immunity,” Vance said in rejecting Minnesota’s right to investigate the ICE killing of Minneapolis resident Renee Nicole Good. “I’ve never seen anything like that. It would get tossed out by a judge.”

Minnesota and the country have arrived at this point not by need but by one person’s thirst for power at any cost. President Trump’s deputy chief of staff and homeland security adviser Stephen Miller is blunt on this point, as he told CNN’s Jake Tapper: “(W)e live in a world, in the real world, Jake, that is governed by strength, that is governed by force, that is governed by power. These are the iron laws of the world since the beginning of time.”

The Administration’s strong arm tactics at home are achieved with a complicit Congress that so far has given the President a blank check to finance and deploy heavily armed, anonymous law enforcement agents in Minneapolis and other cities. These agents are empowered to arrest without warrants and to detain without due process.

The legal arguments over whether ICE agents have immunity from criminal prosecution has been rendered moot by the administration. What does the law matter when the investigation into the Minneapolis shooting will be overseen by two of Trump’s most dedicated sycophants? Time and again, Attorney General Pam Bondi and FBI Director Kash Patel have shown that bending to the will of Trump is a far greater priority than the pursuit of truth and justice.

And what is the will of President Trump? Former Gov. Arne Carlson recently offered a possible explanation: “Trump has transformed Immigration and Customs into a national police force designed to conduct a reign of terror in our nation’s cities which are bastions of strength for the Democratic Party. This has little to do with immigration and even less with crime. No, this is about canceling or controlling the 2026 elections.”

A dark and dire judgment, but one hard to dismiss given Trump’s increasing strong arm tactics at home and abroad. Stir up enough fear and anger in America’s cities, then declare martial law to protect public safety. And if the price of public safety is canceling midterm elections, so be it.

Far-fetched? Maybe. Out of the question? Not at all. Trump already tried to control cities by federalizing state National Guard units and deploying them under the guise of rampant lawlessness. The courts blocked that effort. Deploying thousands of ICE troops with a carte blanche to wreak havoc likely would be viewed as the kind of “bold and unhesitating action” the Supreme Court embraced in its executive immunity ruling.

What is the bulwark against this assault on the rule of law and democracy? The immediate opportunity is legislation now moving through Congress to fund the Department of Homeland Security (and ICE) for the current fiscal year. The agreement that ended last fall’s government shutdown expires Jan. 30. While most of DHS would continue to operate under emergency authority during a shutdown, the appropriations process does provide leverage. Connecticut Democrat Sen. Chris Murphy is reported to be preparing a broad package of reforms that would require ICE agents to have a warrant for arrests, ban agents from wearing masks during enforcement operations and limit border patrol agents from operating in cities far from the border. In other words, legislation that would put ICE tactics in accord with other law enforcement agencies.

That’s a start, but only a first step. Democrats need to engage the few congressional Republicans who finally are showing some willingness to buck Trump’s whims and propose comprehensive immigration reform. Violently removing immigrants – the great majority of whom are sent to detention to await deportation have no criminal convictions, according to ICE’s own data – isn’t a solution that can possibly work in the long-run. Removing by force the estimated 11 to 14 million undocumented immigrants in the U.S. is economically disastrous and morally abhorrent.

The solution – one that might have broad appeal – is to resurrect the Gipper’s playbook. Some 40 years ago, President Ronald Reagan signed into law comprehensive immigration reform built on the three pillars needed today: effective border security; a transparent and practical system for allowing new immigrants into the country; and, a pathway to legal residency for those immigrants without criminal records and who have satisfied any outstanding tax bills.

A steep hill to climb? Sure. But once again, Democrats have leverage with the Jan. 30 expiration of the continuing resolution that keeps much of the government running. Can a second government shutdown force action on an issue as large and complicated as immigration reform? Probably not. But last fall’s shutdown is putting pressure on Republicans to do what most thought impossible just months ago – seriously addressing the growing crisis of health care affordability.

Minnesotans have it within our power to counter the Trump power grab. Recent demonstrations have been appropriate ways to pay homage to Ms. Good and protest ICE activity in the state. Eventually, though, the protests end and ICE still will be here.

Take the marches from city streets to the neighborhoods of the state. Knock on doors to promote candidates for office who will work for a more fair and just United States. Speak up not just for limiting ICE, but for legislatively addressing the larger issue of immigration reform.

It’s likely the reception at most doors will be positive. Last March, Pew Research found that 44% of adults thought Trump’s immigration policies were “too much.” By December, that opinion was shared by 53% of adults, including one-out-of-five Republicans. The more ICE violence in the streets, the more opposition to Trump’s strong-arm immigration tactics will grow.

Comprehensive immigration legislation is an enormous challenge. But if the tragedy of Jan. 7 is to have a positive legacy, small steps will never complete the journey to a truly better America. It’s time for “bold and unhesitating action” in Congress and in election politics.