Who Gave ICE Permission to Trample the Constitution?

The evidence is mounting that ICE is not only unbothered by moral boundaries, but immigration and customs enforcement agents acting on behalf of President Trump believe they are not constrained by constitutional red lines, either. According to a super-secret internal memo flagged in a whistleblower complaint this week, the Fourth Amendment simply doesn’t apply to ICE. That sense of impunity is also clear in a growing chamber of horrors from their enforcement operations; from masked agents taking a child in a blue bunny hat, to the shooting of Renee Good. Worryingly, this sweeping concept of immunity is kind of true—though maybe not for the reason you think. This week on Amicus, Dahlia Lithwick talks with Alex Reinert, the Max Freund Professor of Litigation & Advocacy at Cardozo School of Law. He is also the director of the Center for Rights and Justice and Co-Director of the Floersheimer Center for Constitutional Democracy. Alex explains the origins of qualified immunity—a legal theory that allows law enforcement officers to be free from consequences for their actions—why ICE’s lawlessness is not a new phenomenon (even if it is a phenomenon in hyperdrive under Trump), and what we can do about the obvious problem of maximal impunity for the people who have the most power to inflict harm. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can

You can listen to Who Gave ICE Permission to Trample the Constitution? online on Radio and Podcast. Open the player on this page to stream the available audio.

Who Gave ICE Permission to Trample the Constitution? is an episode from Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Audio.

This episode is 50:17 long.

This episode was published on Jan 24, 2026.

Yes. Use the heart button on the episode page to add it to your favorite episodes list.

Yes. This page shows related episodes from Amicus With Dahlia Lithwick | Law, justice, and the courts when more episodes are available from the podcast feed.