From Oval Office to Courtroom: A Nation Under Arrest By: Dr. Wil Rodriguez

Dr. Wil Rodriguez
Jun 19
3 min read

“When those who govern are governed by fear, democracy is no longer served—it is silenced.”

In recent weeks, a cascade of arrests and detainments of U.S. elected officials and judges—conducted by ICE and federal agencies—has tested the boundaries of power, sovereignty, and constitutional rights. This isn’t a mere political spectacle. It’s a constitutional reckoning.

I. Timeline of Defiance and Detainment

Newark, May 9, 2025
- Mayor Ras Baraka detained during a peaceful inspection of an ICE facility; trespassing charges dropped after courts criticized the response .
- Rep. LaMonica McIver then indicted for allegedly interfering with federal officers during the same visit .
Early June 2025
- Sen. Alex Padilla forcefully removed and briefly handcuffed at a DHS media event while pressuring ICE on immigrant treatment .
June 17, 2025 – New York City
- City Comptroller and mayoral candidate Brad Lander was arrested by masked ICE agents at an immigration court after linking arms with an immigrant.
- ICE accused him of assault and obstruction—though video shows no violence—and he was released hours later as charges were dropped .

II. What Laws Are Being Tested?

Fourth Amendment

– Bans unreasonable searches and seizures.

ICE lacks probable cause or a judicial warrant when detaining citizens like Lander in public and at courthouses .

Immigration and Nationality Act § 236(c)

Authorizes civil detention of noncitizens—but cannot justify detaining U.S. lawmakers or judges .

Supremacy Clause and Court Precedents

Federal presence doesn’t override constitutional limits. Cases like United States v. Joseph affirm that civil arrests inside courthouses are constitutionally restricted .

State Laws & Court Orders

New York and Massachusetts have enacted policies challenging ICE’s authority in courthouses .

III. Case Study: Brad Lander

Lander attended court as part of civic oversight.
ICE alleged assault—without evidence—to detain him.
He was forcibly removed despite being a U.S. citizen exercising his oversight duties; charges were dropped under gubernatorial pressure .

This incident illustrates a troubling shift: using federal force to suppress civic transparency.

IV. ICE’s Strategy & Counterclaims

ICE reports a 413% surge in attacks on agents—but these claims are unsubstantiated and challenged by watchdogs .
A strategy of “expedited removal” ends hearings early, enabling arrests inside courthouses—a tactic that legal experts say skirts due process .
ICE appears to be enforcing more aggressively in sanctuary cities—a federal pushback against local authority .

V. Democracy Under Pressure

Elected officials are being detained for civic oversight—raising alarms about authoritarian overreach .
Suppressing accountability and civic rights endangers public trust and stifles democracy.

VI. Resistance & Reactions

Governors, attorneys general, courts, and civil rights groups are criticizing ICE’s actions as abuses of power .
DHS issued a controversial rule requiring 72‑hour notice for Congressional visits—met with backlash as unconstitutional .

VII. Civic Questions We Must Ask