Who Gave ICE Permission to Trample the Constitution?

Who Gave ICE Permission to Trample the Constitution?

Author: Slate Podcasts January 24, 2026 Duration: 50:17

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.


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Dahlia Lithwick guides Amicus With Dahlia Lithwick | Law, justice, and the courts through the complex and often opaque world of the American legal system. This isn't just a dry recap of rulings; it's a vital exploration of how the law shapes lives, freedoms, and the very fabric of society. The focus frequently rests on the Supreme Court, unpacking the philosophies, personalities, and profound consequences stemming from its nine justices. Each episode seeks to demystify the court's operations and its towering influence on everything from civil rights to everyday governance. You'll hear insightful conversations with legal scholars, journalists, and practitioners who provide clarity on landmark decisions and the simmering cases poised to change the nation. Produced by Slate Podcasts, this series operates with the understanding that justice is not a static concept but a living, breathing, and fiercely debated process. The podcast serves as an essential companion for anyone striving to understand the forces that govern us, offering narrative depth and analytical rigor far beyond the headlines. For those who want to dive deeper, a Slate Plus membership offers additional weekly episodes with extended legal analysis, alongside an ad-free listening experience across Slate's network.
Author: Language: English Episodes: 50

Amicus With Dahlia Lithwick | Law, justice, and the courts
Podcast Episodes
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