Amicus With Dahlia Lithwick | Law, justice, and the courts Who Gave ICE Permission to Trample the Constitution?
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Jan 24, 2026 
Alex Reinert, a law professor and civil rights scholar at Cardozo, joins to unpack constitutional limits on immigration enforcement. He traces the origins of qualified immunity and explains why suing federal officials is uniquely difficult. They examine alarming ICE practices, the AP whistleblower memo on administrative warrants, and paths lawmakers and states might take to restore accountability.
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Qualified Immunity's Real Effect
- Qualified immunity shields officers unless prior case law clearly forbids their conduct.
- In practice it often blocks accountability even for obvious constitutional violations.
Bivens Remedy Has Been Narrowed
- Bivens once allowed suits against federal officials but the Court has narrowed it dramatically.
- Today many claims against federal officers never get a courthouse door because Bivens is confined to few contexts.
Courts Skip Key Constitutional Rulings
- Courts now often skip deciding whether a constitutional violation occurred and jump to whether law was clearly established.
- That procedural shortcut freezes legal development and makes future suits harder.