Appendix C: Documented Erosion of Constitutional Safeguards
December 2025 – January 2026
This appendix supports the main analysis: When Constitutional Guardrails Fail
This appendix documents specific evidence for each claim regarding the erosion of constitutional safeguards. Each entry provides the claim, supporting evidence, and source documentation.
1. Court Order Defiance
1.1 Federal Immunity Claims
Claim: Stephen Miller declared ICE officers have “federal immunity” from state laws and court jurisdiction.
Evidence: On October 31, 2025, Miller stated on Fox News: “To all ICE officers, you have federal immunity in the conduct of your duties.” PolitiFact rated this FALSE, noting federal agents can be prosecuted for actions exceeding lawful bounds under 18 U.S.C. § 242.
Source: Al Jazeera Fact Check, October 31, 2025; PolitiFact; The Independent, January 2026
1.2 Chanthila Souvannarath Deportation
Claim: ICE deported Chanthila Souvannarath despite explicit court order prohibiting deportation.
Evidence: Chief Judge Shelly D. Dick issued a TRO prohibiting deportation due to citizenship claims. ICE deported him to Laos anyway. ACLU attorney Nora Ahmed called this a “catastrophic failure.”
Source: ACLU Louisiana; Federal court docket M.D. La.; NBC News, October 2025
1.3 Any López Belloza Deportation
Claim: A federal judge blocked deportation; she was deported the next day.
Evidence: A federal judge in Boston issued an order blocking deportation. She was flown to Texas and deported to Honduras within 24 hours. ICE attorneys admitted they “violated the court order.”
Source: Boston Globe, November 2025; Federal court docket D. Mass.; Associated Press
1.4 Chicago Consent Decree Violations
Claim: ICE continued arrests using methods ruled unconstitutional immediately after court finding.
Evidence: On November 12, 2025, Judge Cummings ruled ICE violated Fourth Amendment using fake “warrants” to arrest 615 people. ICE arrested 47 more the next day using identical methods.
Source: Lunn v. ICE, N.D. Ill.; Chicago Tribune, November 13, 2025; ACLU Illinois
1.5 Congressional Access Defiance
Claim: DHS reinstated congressional access restrictions one day after court affirmed access rights.
Evidence: A federal court affirmed congressional access rights. On January 11, 2026, DHS Secretary Noem secretly signed a memo reinstating 7-day notice requirement. On January 12, Representatives Omar, Morrison, and Craig were blocked from Minneapolis ICE facility.
Source: CBS News, January 12, 2026; Washington Times; Democracy Forward
“This administration is willing to defy both Congress and the courts.” — Skye Perryman, Democracy Forward
1.6 Kilmar Abrego Garcia Retaliation
Claim: After losing unanimously at Supreme Court, DOJ charged the plaintiff with crimes.
Evidence: Abrego Garcia was wrongly sent to CECOT. Supreme Court unanimously ordered government to facilitate return. Instead, DOJ charged him with human smuggling. Unsealed documents show DOJ called prosecution “a top priority” after losing.
Source: Democracy Docket; We Are Casa; Supreme Court docket
2. Habeas Corpus Erosion
2.1 Suspension Discussions
Claim: Miller confirmed administration “actively looking at” suspending habeas corpus; Trump personally involved.
Evidence: May 9, 2025: Miller stated “We are actively looking at” suspension. Added: “A lot of it depends on whether the courts do the right thing or not.” CNN confirmed Trump personally involved.
Source: CNN Politics, May 9, 2025
Context: Habeas corpus suspended only 4 times in U.S. history—never for immigration.
2.2 De Facto Inaccessibility
Claim: Systematic barriers prevent court access even without formal suspension.
Evidence:
- Detention: 66,000 by December 2025 (75% increase, highest ever)
- Discretionary releases: down 87%
- Deportation ratio: 14.3:1 (up from 1.6:1)
- Oral dismissal motions: up 633%
- Same-day adjudication: 86.5%; 79.6% granted
Source: American Immigration Council, January 2026
2.3 Win Rate Despite Defiance
Claim: Detainees win 96%+ of habeas petitions, demonstrating legal merit.
Evidence: Federal judges ruled for detainees in 700+ cases; only 8 denied. Texas: 675+ petitions Jan-Nov 2025 (more than entire first Trump term).
Source: Politico, December 2025; Texas Tribune
3. Judicial Independence Attacks
3.1 Immigration Judge Firings
Claim: Nearly 100 immigration judges fired in 2025.
Evidence: San Francisco: 21 judges reduced to 5 (76% reduction). Aurora, CO and Oakdale, LA: zero judges. SF closure announced for January 2027 despite 120,935 pending cases.
Source: San Francisco Chronicle; EOIR staffing records
3.2 Judge Pappas Testimony
Claim: Fired judge stated “The courts are dead” and described pressure to deny asylum.
Evidence: Judge Pappas told journalist Balko he was terminated for “insisting on granting hearings for asylum seekers.” DOJ memos became “increasingly overbearing” from January 20, 2025. “The firewall between DOJ and DHS quickly disappeared.”
Source: Radley Balko interview, December 2025
3.3 Minnesota Prosecutor Resignations
Claim: Six prosecutors resigned after pressure to investigate shooting victim’s widow.
Evidence: January 13, 2026: Six prosecutors resigned including First Assistant Joseph Thompson. Sources: pressured to investigate Renee Good’s widow for “ties to activist groups” while DOJ refused to investigate the agent who killed Good.
Source: NBC News; U.S. News; PBS NewsHour, January 2026
3.4 Physical Intimidation
Claim: Judges received pizzas ordered in name of murdered judge’s son.
Evidence: Senator Durbin documented pizza deliveries to judges’ homes ordered in name of Daniel Anderl (Judge Salas’s son, murdered 2020). Chief Justice Roberts responded by invoking Declaration of Independence complaint that King George “made Judges dependent on his Will alone.”
Source: CBS News; Roberts Year-End Report, December 31, 2025
4. Targeting Expansion
4.1 U.S. Citizens Detained
Claim: 170+ U.S. citizens held by immigration agents in first 9 months of 2025.
Evidence: ProPublica investigation: 170+ citizens held, almost all Latino. ~20 held >1 day without counsel. DHS Secretary Noem falsely denied: “There’s no American citizens have been arrested.” NPR fact-check: FALSE.
Source: ProPublica, October 2025; NPR fact-check
4.2 Renee Nicole Good Killing
Claim: U.S. citizen shot by ICE while serving as legal observer; posthumously called “domestic terrorist.”
Evidence: January 7, 2026: Renee Good, 37, mother of three, killed by ICE Agent Ross. Video: steering wheel turning AWAY when agent fired 3 shots in ~700ms. Noem called her “domestic terrorist.” Mayor Frey: “That is bullshit.” Governor Walz proclaimed January 9 “Renee Good Day.”
Source: CNN, ABC News, Wikipedia, January 2026
4.3 Green Card Holders Arrested at USCIS
Claim: ICE arresting green card applicants during routine interviews.
Evidence: San Diego, November 2025: 6+ cases of arrests immediately after USCIS interviews, including Navy sailor’s wife. 80% of Otay Mesa detainees have no criminal convictions.
Source: KPBS, November 25, 2025
4.4 Denaturalization Quotas
Claim: Administration set quotas of 100-200 denaturalization cases/month vs. historical 11/year.
Evidence: December 2025 USCIS memo: 100-200 cases/month for FY2026. Historical: 11/year (1990-2017); 42/year (first Trump term). Former official Morgan Bailey: targets “virtually impossible.”
Source: Truthout; Columbia Law School Mae Ngai analysis
5. Violence and Deaths
5.1 Record Detention Deaths
Claim: 32 deaths in ICE custody in 2025—highest since 2004, more than previous 4 years combined.
Evidence: December 2025: deadliest month on record. First 15 days January 2026: 5+ more deaths. Daily Beast: 4 deaths in first 10 days of 2026.
Source: Daily Beast; Detention Watch Network, January 2026
5.2 Geraldo Lunas Campos Death
Claim: Detainee death classified as homicide; cried “I can’t breathe.”
Evidence: January 3, 2026, Fort Bliss: Geraldo Lunas Campos, 55. Preliminary classification: homicide by asphyxiation from neck/chest compression. Witness: guards restraining while he cried “I can’t breathe.” DHS called him “sex predator.”
Source: ACLU; Medical examiner preliminary; Detention Watch Network
5.3 Camp East Montana Conditions
Claim: Largest detention facility on former Japanese internment site has documented abuses.
Evidence: Fort Bliss: 2,700+ people, largest ICE facility. Site used for WWII Japanese internment. December 2025 ACLU: beatings, sexual abuse by officers, medical neglect, counsel denial. One doctor for hundreds.
Source: ACLU, December 2025
6. CECOT Torture
6.1 Human Rights Watch Findings
Claim: HRW documented systematic torture of U.S. deportees at El Salvador’s CECOT.
Evidence: “You Have Arrived in Hell” report, November 2025:
- 252 Venezuelans sent March-April 2025
- 48.8% had pending asylum cases; no gang evidence
- Beatings, solitary torture, 24/7 lights, no mattresses
- Independent Forensic Expert Group confirmed torture injuries
Source: Human Rights Watch, November 12, 2025; CBS 60 Minutes
6.2 Expert Assessment
Claim: Expert: U.S. not linked to systematic torture on this scale since Abu Ghraib.
Evidence: Noah Bullock (Cristosal): “The US government has not been linked to acts of systematic torture on this scale since Abu Ghraib.” El Salvador admitted to UN: U.S. maintains control over Venezuelan prisoners.
Source: Cristosal; Senator Welch statement; UN investigators
7. First Amendment Violations
7.1 Legal Observer Killing and Harassment
Claim: Good killed while observing; another observer told shooting happened because they “gotta stop obstructing.”
Evidence: Good was legal observer. January 11, 2026: Arrested observer reported being pepper sprayed while agent allegedly said: “you guys gotta stop obstructing us, that’s why that lesbian bitch is dead.”
Source: Wikipedia citing witness statements; Star Tribune
7.2 Surveillance Programs
Claim: ICE announced plans to “track” protesters; $25M surveillance contracts.
Evidence: Acting Director Lyons: “We are going to track the money. We are going to track these ringleaders.” Contracts up to $25M: social media monitoring, facial recognition, cellphone tracking. DHS: recording officers = “doxing.”
Source: Brennan Center, January 2026
7.3 School Enforcement
Claim: ICE used pepper spray/balls against students at Minneapolis high school.
Evidence: Roosevelt High School, January 8-9: Pepper spray and pepper balls against students; 2 staff handcuffed. MPS cancelled classes, offered remote learning until February 12.
Source: Minneapolis Public Schools; Star Tribune; CBS Minnesota
8. Suppression of State Resistance
8.1 Judge Dugan Conviction
Claim: State judge convicted of felony obstruction for allegedly helping someone avoid ICE.
Evidence: Judge Hannah Dugan arrested April 25, 2025 after allegedly helping defendant exit via jury door. December 18, 2025: guilty of felony obstruction, up to 5 years. Resigned following conviction.
Source: Fox News; NPR; ABC News, December 2025
8.2 DOJ Prosecution Threats
Claim: DOJ memo threatens prosecution of state/local officials who resist.
Evidence: January 22, 2025 DOJ memo from Acting Deputy AG Bove: prosecutors directed to investigate/prosecute non-cooperating officials using “Sanctuary Cities Enforcement Working Group.”
Source: NPR, January 22, 2025; Immigration Policy Tracking Project
8.3 Funding Cutoffs
Claim: Trump announced sanctuary city funding cuts from February 1, 2026.
Evidence: January 14, 2026: Trump announced federal payments to sanctuary cities end February 1. Previous courts blocked similar conditions.
Source: U.S. News, January 14, 2026
9. Oversight Collapse
9.1 Inspection Decline
Claim: Inspection reports down 36% despite 75% detention increase.
Evidence: POGO/American University: 36.25% decline in published inspection reports 2025 vs. 2024. ICE eliminated 3 oversight sub-agencies.
Source: POGO, January 2026
9.2 FOIA Obstruction
Claim: FOIA rejections increased 8x in late 2025.
Evidence: USCIS whistleblower: agency adopted “unnecessarily strict criteria.” Rejections: 5,427 (Sep-Dec 2024) → 41,918 (same period 2025). Whistleblower told to “disengage” with counsel; received lowest rating.
Source: Government Accountability Project; Columbia Journalism Review
Summary
This appendix documents that constitutional safeguards are actively failing. The pattern is consistent: courts issue orders, administration defies or circumvents them, then retaliates against those who invoke them.
Each claim is documented with specific sources. See Appendix D for the comprehensive bibliography.