Harvard Law Professors Nikolas Bowie and Laurence Tribe discuss upholding civil rights amid the ongoing federal immigration crackdown

hat is the best way for Americans to stand up to what many critics view as an overbearing federal government? Are the courts the best bulwark? Is public activism more vital? Should the response involve a little bit — or even a lot — of both?

In a large Harvard Law classroom packed with attendees, two constitutional law luminaries discussed strategies for protecting people’s civil liberties amid the Trump administration’s controversial federal immigration enforcement efforts in communities across the nation.

Since “Operation Metro Surge” began last December, more than 3,000 federal immigration officers have been deployed to the Minneapolis-Saint Paul metropolitan area where, according to the Department of Homeland Security, they have arrested more than 4,000 people. Two U.S. citizens, Renee Good and Alex Pretti, were killed by federal agents last month, sparking public outcry in Minnesota and across the country.

In a talk titled “ICE, Federalism, and the Rule of Law,” Professors Nikolas Bowie ’14 and Laurence Tribe ’66 both voiced deep concern about the scope and magnitude of recent immigration enforcement actions, but also praised public responses to the alleged infringement of constitutional rights by federal officers.

“We’ve seen an enormous rush of public support for Minnesota’s immigrant community, in the form of people going up and down the streets following federal agents with whistles or cellphones, mutual aid, and countless acts of cooperation and community building in the face of federal enforcement,” said Bowie, the Louis D. Brandeis Professor of Law.

“I’m much older, but I’m still capable of being shocked and confounded and driven to grief when I saw what amounted to state terror,” said Tribe, Carl M. Loeb University Professor, emeritus. “This is a moment for solidarity, and solidarity on the streets in Minnesota is incredibly encouraging.”

Tribe gave a frank overview of the constitutional rights he believes have been infringed on by ICE and other federal immigration enforcement agencies. He specifically listed amendments he believes have been violated.