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It’s Time for State Officials to Push Back Against Rogue Government Agents [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-04-27

Federal agents and law enforcement are subject to state laws when acting within state jurisdictions. For instance, they can be arrested and tried for drunk driving, theft, rape, or any number of other state offenses.

When federal authorities flout the law and the Constitution by detaining state residents without court orders or without permitting them due process within the state where they are attested, it is time for state authorities to step in and stop such questionable and likely illegal activities.

The Supreme Court has ruled 9 to 0 that due process should be afforded to all people detained by immigration officials. Any attempt to ignore this mandate is therefore illegal and government immigration agents are engaged in illegal activities when they do not uphold this ruling. Failure to uphold the court’s decision could potentially leave government officials open to state charges of kidnapping on the criminal side and false imprisonment on the civil side of the law.

All the states must collectively assert the rights of their citizens and residents to due process. Attempts to circumvent the requirement must be met with immediate and forceful push-back by state authorities.

Here are some suggestions. States should immediately (based on new or existing laws and regulations):

require federal immigration authorities operating within the state to register and agree to enforce state laws against kidnapping, false imprisonment, and rendition of detainees to other states and countries

be permitted to monitor the actions of federal immigration authorities to ascertain that both state and federal laws are being followed

make transportation of their residents across state lines (out of state) for the purpose of limiting the rights of their residents illegal and subject immigration authorities to who do this to penalties, fines, etc.

Any federal supervisor or member of law enforcement who detains a resident of a state with the intention of eliminating or circumventing their right to due process and court review is breaking the law and could be subject to criminal charges.

When the administration and federal authorities who are supposed to enforce the law are clearly looking for ways to negate, ignore, and circumvent the law, state law enforcement and courts must step in and make sure the rule of law is followed.

States may be the most potent and forceful way to limit the power of an increasingly rogue administration and federal police force.

But they must act quickly and decisively to protect their residents.

New laws and regulations must be enacted if required and exiting laws must be strictly enforced. State police forces are large in terms of numbers and easily outnumber small groups of immigration agents. They easily have the upper hand when acting locally within their jurisdictions. They need to act.

States will also have the upper hand in state courts where state Attorneys Generals will be enforcing state laws.

All that is needed are a few state court cases to establish precedents that limit the usurpation of State law enforcement power by the federal government. Then the federal government’s illegal actions will be met by overwhelming resistance and its unconstitutional activities will be challenged and hopefully limited.

States can collectively make sure the US remains a nation of laws and not of men as it has for 250 years.

When people ask, “What can be done to preserve our democracy?”, residents contacting state officials and politicians and demanding that they respond forcefully to federal lawlessness and overreach is one powerful option.

Those that seek the power to deport and imprison citizens and residents are depending on people and state government officials to be confused and afraid - and do nothing. Surprise them …

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