SACRAMENTO, Calif. — The California Lawyers Association, whose stated mission is “to promote fairness in the administration of justice and the rule of law,” has raised concerns about recent federal immigration enforcement practices that it says may undermine constitutional protections and fundamental civil liberties.
The association said recent events in cities including Chicago, Los Angeles and Minneapolis “have raised questions about adherence to constitutional principles and the rule of law.” It added that “reports of warrantless home entries, detention practices without adequate judicial oversight, restrictions on access to legal counsel, and the use of force against individuals have prompted concern across the legal community about fundamental protections guaranteed to all persons under the United States Constitution.”
Those concerns mirror findings from national civil rights organizations. The American Civil Liberties Union, for example, has documented patterns of immigration enforcement actions that allegedly bypass judicial warrants.
In particular, Covington & Burling LLP, Greene Espel PLLP and Robins Kaplan LLP filed a lawsuit against the Trump administration on behalf of three Minneapolis community members “whose constitutional rights were violated by Immigration and Customs Enforcement, Customs and Border Protection, and other federal agents,” according to the ACLU.
The lawsuit states that the three Minnesotans are challenging what they describe as an administration policy of racially profiling, unlawfully seizing and unlawfully arresting people without a warrant and without probable cause. The suit alleges that such practices violate constitutional rights to equal protection and freedom from unreasonable seizures.
In response to incidents such as these, the California Lawyers Association reaffirmed its commitment to upholding the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and warrantless entry into homes, the Sixth Amendment’s guarantee of the right to legal counsel, and the First Amendment’s protection of peaceful assembly and expression.
“These constitutional safeguards form the bedrock of our democracy and must be upheld by all law enforcement agencies, regardless of their mission or jurisdiction,” the association said. It added that “constitutional protections apply to all persons and are not negotiable in the pursuit of any policy objective.”
The association also highlighted California Rule of Court 9.7, which requires attorneys to annually reaffirm their oath to support both the U.S. and California constitutions. The rule, the association said, “underscores that our obligation to uphold constitutional principles is not merely aspirational; it is a recurring professional commitment that California attorneys renew each year.”
“When government actions raise serious questions about constitutional compliance, attorneys have a heightened responsibility to ensure that the rule of law prevails,” the association said.
Standing in solidarity with legal organizations nationwide, the California Lawyers Association said that “all law enforcement activity must be conducted within lawful authority, with transparency, accountability, and full respect for constitutional protections, including due process and equal justice under the law.”
The association also called on courts and oversight institutions “to ensure independent review of actions that implicate civil liberties and due process.”
“As lawyers and officers of the court, we have a duty to speak out when the rule of law is threatened and to ensure that constitutional limits on government power remain essential to liberty, safety, justice, and the functioning of our democracy,” the association said.
It reiterated its view that legal institutions must actively uphold the law of the land and protect the rights and dignity of all individuals.
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