LACBA issues this statement in response to recent acts by the Department of Homeland Security, including agents of U.S. Immigration and Customs Enforcement (“ICE”) and U.S. Customs and Border Protection (“CBP”) (collectively, “DHS”) in Minnesota, California, and in other parts of our nation, that violate fundamental constitutional rights guaranteed to all persons.

LACBA supports the First Amendment right of all persons to peacefully protest and express their views regarding DHS’s actions, as well as to record DHS agents’ activity, without fear of intimidation, repression, or violence.  There is no justification for the use of excessive or lethal force against peaceful protestors, including protestors lawfully exercising their right to bear arms under the Second Amendment.  

DHS’s position that it may enter into private homes or arrest individuals without judicial warrants, and detain individuals without probable cause or meaningful judicial oversight, is a clear violation of the Fourth Amendment.  Depriving individuals of their right to counsel further violates the Sixth Amendment.

LACBA opposes DHS’s use of racial and ethnic profiling for purposes of immigration enforcement, including the targeting of immigrant communities and individuals who are lawfully present in the United States, including United States citizens.

LACBA opposes the use of masks and other measures to obscure the identities of federal agents, undermining transparency and accountability.

LACBA opposes any interference with full and impartial investigation into the use of force by federal agents and urges elected and other government officials to refrain from drawing conclusions until the facts are determined.

LACBA opposes any illegal and unconstitutional actions carried out in the name of immigration enforcement.   No policy objective, immigration-related or otherwise, justifies warrantless home entries, racial profiling, the absence of judicial oversight, the deliberate obscuring of law enforcement identity, or the use of excessive force against protesters and detainees.   These practices are fundamentally incompatible with constitutional principles and the guarantees of a free and functioning democracy.

As lawyers and officers of the court, we have a duty to speak out when the rule of law is threatened and to affirm that constitutional limits on government power are not optional­—they are essential to liberty, safety, justice, and the rule of law.  LACBA urges all law enforcement personnel to uphold their obligations to respect and defend the constitutional rights of all Californians, and, more broadly, all persons in the United States of America.  LACBA also calls for a full and impartial investigation of recent events, and accountability for those persons responsible for any constitutional abuses.

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