Guest Editorial By Judge Judith Roberts
As an attorney I’m deeply alarmed by an incident that occurred just this week and feel compelled to share it—to raise awareness of the legal and constitutional crossroads we are rapidly approaching.A co-worker of mine (who is a judge), traveled by train from Montana to North Dakota for work this week. The train made a stop in Havre, MT, where ICE agents—armed and dressed in full military-style tactical gear—boarded the train. They walked the full length of the train and questioned every single passenger about their citizenship status. According to the conductor, who has worked nearly 40 years on that route, this was a first. In all his decades of service, federal agents have never boarded his train like this.

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