ICE and the Constitution

the Constitution

Although it is relatively easy to find evidence of recent constitutional violations and law enforcement overreach by ICE law enforcement officers, we only have to look at the raid at the La Catedral Arena in Wilder, Idaho, in October, 2025, to see evidence of significant violation of constitutional rights of Idaho citizens.

Below is a point-by-point layout of the lawsuit alleging specific Constitutional violations in connection with the federal raid at La Catedral Arena in Wilder, Idaho.

Allegations

What plaintiffs allege

Federal agents detained dozens of people en masse during the raid.
Individuals were allegedly held solely because they were present at the venue.
Plaintiffs argue that many detainees were not named in criminal warrants and were not suspected of specific criminal conduct at the time of seizure. [newsweek.com]

Legal theory

Fourth Amendment: Plaintiffs argue this constituted an unreasonable seizure, because presence at a location alone does not establish probable cause.
Civil‑rights lawyers characterize the operation as a dragnet detention, akin to the “general warrants” the Fourth Amendment was designed to prohibit.

What plaintiffs allege

Many individuals were allegedly detained for civil immigration violations, not criminal offenses.
Plaintiffs argue they were nevertheless restrained and handled as though they were criminal suspects.
Some detainees reportedly had no violent criminal history. [yahoo.com]

Legal theory

Fourth & Fifth Amendments: Immigration violations are civil matters; plaintiffs argue that criminal‑style detention without criminal charges is unlawful.
Civil detention must be non‑punitive and strictly limited in scope and duration.

What plaintiffs allege

Detainees were allegedly
- Not told promptly why they were being detained.
- Not informed whether they were under criminal arrest or civil immigration custody.
Some individuals were held for hours before receiving any explanation. [newsweek.com]

Legal theory

Fifth Amendment (Due Process): Plaintiffs argue that prolonged detention without notice is arbitrary and violates procedural due process.
Due process applies to all “persons,” regardless of citizenship.

What plaintiffs allege

Individuals were allegedly transferred into ICE custody without timely access to attorneys.
Family members reportedly struggled to locate detainees or learn where they had been taken.
Plaintiffs claim detainees were effectively isolated during the most critical stage of detention. [newsweek.com]

Legal theory

Fifth Amendment: While immigration proceedings are civil, detainees still have the right to a fair process, including meaningful access to counsel.
Plaintiffs argue isolation undermined their ability to contest detention.

What plaintiffs allege

Detainees were allegedly
- Zip‑tied for extended periods.
- Denied adequate food and water.
- Held in crowded or uncomfortable conditions.
Plaintiffs argue these conditions were imposed before any adjudication or conviction. [newsweek.com]

Legal theory

Fifth Amendment (Substantive Due Process): Civil detainees may not be subjected to punitive or degrading treatment.
Conditions must be reasonably related to safety, not punishment.

View all allegations

Other ICE Constitutional Violations in Court

Governor Little was initially enthusiastic about supporting ICE deportation efforts in Idaho. He stated, “As Commander in Chief, I am proud that the Idaho National Guard always stands ready to support our federal partners in any capacity that strengthens public safety and national security.” He authorized Idaho National Guard to provide administrative support for ICE operations.

After the FBI and ICE raids in Wilder, Idaho, Governor Little’s support for ICE was more measured. When asked about ICE operations around schools, Little said, “I think that they need to be very careful that they’re not violating due process.”

We agree. As long as ICE officers continue to ignore the rights and liberties granted to Idahoans by the U.S. Constitution, Idaho should not be supporting ICE here or elsewhere in the nation.

Please take a moment and let Governor Little know that Idahoans will not stand for the trampling of our constitutional rights by untrained ICE officers. Tell him you agree with his concern.

Here’s Your Script:

Dear Governor Little,

My name is [NAME] and I live in [CITY]. I am concerned about ICE activity in Idaho and about Idaho National Guard cooperation with ICE and DHS. The FBI and ICE raids in Wilder, Idaho, and the recent surge in Minneapolis showed that some federal law enforcement officers have not been properly trained and are not interested in protecting our Constitutional rights. I agree with you that federal law enforcement officers should be careful about following due process. I am asking you to limit Idaho’s cooperation with DHS and ICE until they show a commitment to better training and to preserving our Constitutional rights. Federal law enforcement officers
should follow the same Constitutional protections that all other Idaho law enforcement officers are required to follow.

Until there is substantial change in the operations of ICE and DHS at the congressional level, I ask you to withhold Idaho National Guard and Idaho State Police cooperation with ICE.

Idahoans should not have to surrender our Constitutional rights at the hands of federal law enforcement officers.

Here’s Your Script:

Dear Governor Little,

I am writing as a concerned Idahoan about ICE activity in Idaho. The FBI and ICE raids in Wilder, Idaho, showed that some federal law enforcement officers are not interested in protecting our Constitutional or due process rights. I agree with you that federal law enforcement officers should be careful about following due process. I am asking you to limit Idaho’s cooperation with DHS and ICE until they show a commitment to better training and to preserving our Constitutional rights. Federal law enforcement officers should follow the same Constitutional protections that all other Idaho law enforcement officers are required to follow.

Until there is substantial change in the operations of ICE and DHS at the congressional level, I ask you to withhold Idaho National Guard and Idaho State Police cooperation with ICE.

Idahoans should not have to surrender our Constitutional rights at the hands of federal law enforcement officers.

Fill out this form to be connected with your Governor!

[NAME]
[ADDRESS]
[CITY], ID [ZIP]

Dear Governor Little,

I am writing as a concerned Idahoan about ICE activity in Idaho. The FBI and ICE raids in Wilder, Idaho, showed that some federal law enforcement officers are poorly trained and not interested in protecting our Constitutional or due process rights. I agree with you that federal law enforcement officers should be careful about following due process. I am asking you to limit Idaho’s cooperation with DHS and ICE until they show a commitment to better training and preserving our Constitutional rights. Federal law enforcement officers should follow the same Constitutional protections that all other Idaho law enforcement officers are required to follow.

Until there is substantial change in the operations of ICE and DHS at the congressional level, I ask you to withhold Idaho National Guard and Idaho State Police cooperation with ICE. Idahoans should not have to surrender our Constitutional rights at the hands of federal law enforcement officers.

Sincerely,

[NAME]

the Constitution