Politicizing ICE, other federal law enforcement puts Idahoans at risk | Opinion

Two things can be true at the same time: America needs secure borders with zero tolerance for illegal immigration, and immigrant workers contribute to Idaho’s farms, job sites and communities. However, when U.S. citizens are detained or killed by immigration enforcement, it should set off alarms bells with all Americans because immigration enforcement is not a license to bypass the Constitution.

Idahoans are kept safe thanks to outstanding federal, state, tribal and local law enforcement, as well as multi-jurisdictional task forces focused on violent crime, crimes against children and capturing fugitives.

Professional law enforcement at all levels operate within a common legal framework and disciplined process: investigators gather evidence; prosecutors review the facts; an affidavit establishes probable cause and a judge — representing a separate but equal branch — decides to issue a warrant. If this framework can be used against terrorists and drug cartels, then it can be applied to immigration enforcement as well.

The growing concerns expressed across the country by police chiefs, county sheriffs, state police and judges — including Idaho’s US District Court Judge Lynn Winmill — should concern all of us. Are the tactics and procedures currently being employed in keeping with who we are as a country and our Constitutional foundations?

That is why Idaho law enforcement should pause cooperation with ICE until two actions are taken: (1) Judge Winmill’s Nov. 19, 2025 decision (Ibarra v. Knight, Porter, Noem and Bondi) is clarified through the courts, and (2) a bipartisan congressional committee investigates the killings of U.S. citizens. Idaho’s Congressional delegation should refuse to fund DHS until immediate reforms are enacted. Every Idahoan should be alarmed when a federal agency sidesteps the Fourth Amendment right against unreasonable seizure, and the Fifth Amendment right to due process, while undermining the First Amendment right to assembly and Second Amendment right to bear arms.

ICE tactics do not conform to professional policing standards. Personnel with varying levels of training and experience, often masked and without clear identification or body cameras, too often escalate tensions rather than defuse them. Protesters exercising their First and Second Amendment rights are nothing new to law enforcement. Training, discipline, procedures and planning help strike the balance between public safety and protest.

Idaho has already seen the consequences. DHS’ mischaracterization of the October Wilder action was so severe that, true to their constitutional duty, Canyon County Sheriff Donahue and Caldwell Chief Ingram issued a correction, “The statement released by DHS yesterday claiming responsibility for dismantling a criminal organization was completely false and a serious misrepresentation of the facts.”

A month later, Winmill ordered the release of 16 Wilder detainees. Winmill’s decision raised serious constitutional issues with ICE’s reliance on administrative warrants issued within the executive branch (8 U.S.C. §1225), rather than judicial warrants authorized by a judge (8 U.S.C. §1226). Other judges have reached the same conclusion.

This is not an argument to abolish ICE. Its mission to stop cross-border crime and international trafficking is real and necessary. When ICE uses proper judicial process and collaborates with local police to target genuine threats, Idahoans benefit.

When enforcement is driven by quotas, politics and performative leadership, people get hurt and Idaho law enforcement are inserted into potentially dangerous situations.

Idaho should cooperate with federal agencies, but adherence to the rule of law is non-negotiable. Pause Idaho’s ICE cooperation. Demand judicial clarity. Require independent shooting investigations. Hold DHS funding until Congress has completed a bipartisan congressional investigation.

Put aside divisive party politics to pass comprehensive immigration reform. Then move forward lawfully, professionally and with the Constitution intact.

Todd Achilles is an independent candidate for the U.S. Senate. He grew up on a family farm, served as an Army tank commander, was an Idaho State Representative and currently teaches public policy .Eric Barnhart is a retired FBI Special Agent in Charge and former Marine Corps Captain.