Washington, DC (January 24, 2026) – In response to mounting concerns regarding federal enforcement interactions and the necessity of rigorous oversight, National Association of Criminal Defense Lawyers (NACDL) President Andrew Birrell and Executive Director Lisa Wayne issued the following statement regarding the urgent need for systemic reform and accountability for ICE personnel.
NACDL President Andrew Birrell of Minneapolis stated: "The Bill of Rights is not a suggestion; it is the bedrock of our Republic. As defense counsel, we serve as the sentinels of the Sixth Amendment, ensuring that the shield of due process remains strong. When federal agents target individuals based on perceived resistance rather than objective evidence of wrongdoing, the Rule of Law suffers.
“We are calling for a fundamental recalibration of ICE recruitment and conduct. Currently, the actions of these agents—such as firing at moving vehicles or gunning down individuals recording their activities—fall far short of the constitutional standards expected of any entity granted the power of the state. We must move away from the peril of profiling and toward a framework that prizes constitutional rights, respect for the dignity of every individual, and de-escalation over bullying and deadly dominance."
NACDL Executive Director Lisa Wayne of Washington, DC added: "Constitutional rights and the safety of the public are inextricably linked. The federal government currently operates an enforcement apparatus that frequently escalates encounters through automatic, biased, and unreasonable use of force.
"We must be clear: ICE operates as an administrative enforcement body, not a traditional law enforcement agency. By adopting the tactics of high-intensity policing without the constitutional guardrails or public accountability inherent in traditional public safety roles, they have created a crisis of legitimacy. When administrative agents overstep their bounds to exercise deadly force, they threaten the very due process they are sworn to uphold.
“True accountability requires a complete overhaul of how these agents are selected and monitored. We implore the White House to insist on a culture of constitutional restraint—one where 'reasonable suspicion' is a rigorous, objective requirement, and where de-escalation is the primary mandate rather than the use of pepper spray, tasers, or firearms. The value of human life, association, speech, and the right to live freely must be reflected in every federal interaction. Our goal is a system where the rights of every person in America are respected, and where those carrying out federal mandates are strictly bound by the ethical and legal standards required to honor those rights."
The NACDL urges the federal government to implement:
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A Strict Prohibition on discharging firearms at witnesses, reporters, and moving vehicles—tactics that have no place in a society governed by due process.
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Stringent Recruitment Standards to ensure that those granted federal authority possess the psychological and ethical readiness to respect civil liberties.
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Mandatory De-escalation Mandates that prioritize the preservation of life and the reduction of volatile encounters.
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The Eradication of Profiling by reinforcing data-driven protocols that respect the dignity of all individuals and prohibit arbitrary stops.
"Our duty is to the accused, but our commitment is to the Constitution," concluded Birrell. "When we demand rigorous standards for ICE agents, we are fighting for the integrity of due process and ensuring that federal power is never exercised outside the bounds of the law. Those granted the extraordinary authority to deprive individuals of liberty must be subject to the highest levels of transparency and oversight; no agency should operate as if it is above the reach of constitutional accountability."
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
