This is not a hypothetical. This is not a scene from a dystopian film. This happened this week to my colleague, on U.S. soil, to U.S. citizens, legal residents, and foreign tourists here on holiday, without a warrant, without probable cause—based solely on geography.
Under current law ICE has expanded authority to operate within 100 miles of any border. But HOW that authority is being interpreted and exercised has chilling implications for civil liberties, freedom of movement, and equal protection under the law.
This isn’t about politics—it’s about the erosion of rights we’ve taken for granted, and the slow normalization of military-style policing tactics in everyday spaces. Even if technically permissible, these actions reflect a disturbing shift in the balance between civil liberties and governmental authority. The normalization of militarized immigration enforcement in public spaces, without individualized suspicion, risks setting dangerous precedents that erode the freedoms we are sworn to uphold.
This is not about ideology—it is about the integrity of our legal system. I am compelled to speak up because there is no justification for circumventing the very rights and principles that define our democracy.
The question is not whether you “have something to hide.” The question is how much unchecked authority we’re willing to allow before we can no longer call this a free society.
Judge Judith Roberts is a practicing attorney with 20 years of experience. She is currently a judge in North Dakota.
For a news story on this issue follow this link:
https://www.havredailynews.com/story/2025/04/17/local/amtrak-passenger-says-questioned-by-ice-in-havre-about-citizenship/547792.html