Great anger was felt by American colonists when some were apprehended by the British without formal charges and incarcerated indefinitely without an opportunity to exercise a viable defense. This anger translated into creating some of our nation’s founding principles that are encoded within the Bill of Rights.
Our Bill of Rights specifically limits government from randomly arresting and holding persons without “probable cause” or “due process.” The whole idea behind investigations, being read one’s rights, a judge issuing warrants, grand jury review, arraignments, pre-trials, trials, and having attorney representation, is what we call “due process.”
When we say this is the “land of the free” and “liberty,” we include protection from the government using law enforcement action based solely on stereotypes.
Our Bill of Rights specifies law enforcement cannot just gather and sweep whole swaths of people and sort them out later.
The Fourth Amendment prohibits unreasonable searches and seizures and sets requirements for search warrants based on probable cause.
The Fifth Amendment specifies the right to due process, a hearing, evidence and legal representation. According to a 2025 opinion by the Supreme Court, this right applies to anyone within the United States, legal resident or not.
The Sixth Amendment guarantees the right to counsel, ensuring defendants have representation against government charges.
The Due Process Clause in the 14th Amendment implies defendants are innocent until proven otherwise and prohibits all levels of government from depriving people of life, liberty (detention), or property without substantive and procedural due process.
Random arrests and detention without cause for the sake of sorting out the criminals afterward is blatantly illegal.
So that is exactly what the Trump administration is doing … detaining those who look like or sound like immigrants based on race, language and clothing, and then sorting them out later.
The U.S. Census Bureau estimates Chinese, Vietnamese, Amish German, French Creole, Tagalog and Arabic speakers are more likely to be naturalized U.S. citizens than not U.S. citizens. The bureau also estimates that of the 42 million residents of this nation who speak Spanish, 72% are U.S. citizens/residents and belong here.
Language is a poor criterion to determine legal residency and is wholly arbitrary.
CBS recently broadcasted, “Less than 14% of nearly 400,000 immigrants arrested by Immigration and Customs Enforcement in President Trump’s first year back in the White House had charges or convictions for violent criminal offenses, according to an internal Department of Homeland Security document obtained by CBS News.”
Just “charges?”
Arrests, detention and deportation based solely on unproven allegations?
Of these 400,000, my guess is that, at most, half of that 14%, maybe 28,000, deserve to be deported. Yes, remove the violent criminals, but deportation of anyone who might not have committed a crime is tyrannical and arbitrary.
Numerous arrests by Immigration and Customs Enforcement occur at the courthouse as applicants attend their mandatory residency hearings. These deportations occurred prior to a determination by the court if person seeking residency request should be granted or denied.
So much for the Bill of Rights.
On July 10, 2025, armed ICE officers raided a farm near Camarillo. Military veteran and U.S. citizen George Retes was driving to work. Retes, born in Ventura, was not part of any protest and was simply traveling down the road.
Retes stated that he was stopped by ICE and ordered to get out of his vehicle because he was near the raid. When he followed orders and exited his vehicle, he was subsequently sprayed with tear gas and then arrested. Retes recorded video on his cellphone of the encounter and can be heard gagging from the tear gas that he was a citizen.
Nevertheless U.S. citizen Retes was held for three days without access to making any phone calls, talking with an attorney, or even taking a shower.
ProPublica estimates that at least 170 U.S. citizens have been improperly detained by ICE as part of immigration raids. Retes is now suing you and me — the taxpayers — for his unlawful detention and violation of due process.
If the purpose of the Trump administration was solely to remove convicted criminals, the way to process these actions would be targeted and thoughtful.
I conclude these massive sweeps and immediate deportation are intended to create fear of the government by stripping away the very liberty and rights this administration is charged with upholding.
Should we start saying this is the “Land of the Entitled” and no longer the “Land of the Free”?
Jonathan Kraut directs a private investigations agency, is the CEO of a private security firm, is the CFO of an accredited acting conservatory, is a former college professor and dean, is a published author, and is a Democratic Party activist. His column reflects his own views and not necessarily those of The Signal or of other organizations.
