Time to hold ICE accountable for its actions

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As a priest ordained in the Episcopal Church, I am bound by the vows I made at my diaconal and priestly ordinations and by our Baptismal Covenant. When I was sworn in as a chaplain for the New York City Fire Department, I took an oath to support and uphold the Constitution of the United States, the Constitution of the State of New York, and the Charter of the City of New York. As a citizen of the United States, in addition to the rights provided by the Constitution, part of my obligation is to support and defend the Constitution.

When I served as director of pastoral care at NYU Langone Medical Center in Manhattan, my department and I were expected to comply with the medical center’s policies. We were directed and expected to report any unethical practice, or anything that might involve wrongdoing. The policy explicitly stated that if we saw something being done that was wrong and kept silent, our silence made us complicit in the wrong.

I believe that once Donald Trump is no longer president of the United States, and there has been time for reflection and the restoration of the rule of law, the actions of Immigration and Customs Enforcement (ICE) agents and their enablers will prove to be among the more shameful moments of our country’s history.

The question is not whether one is or is not in this country legally. If one is here illegally, then one must bear the legal consequences of that action. The question is of due process of the law and the equal protection of the law for all persons in the United States, combined with the fact that we have a functioning judicial court system that exists to administer the law and uphold justice.

Instead of pursuing their cases through our judicial court system, which has the requirements of transparency and accountability, ICE has chosen to employ masked agents who refuse to identify themselves or their agency. ICE has also chosen the tactic of stopping individuals without apparent probable cause, and then detaining them indefinitely without charging them with a crime. 

The above actions of ICE violate the constitutional right to habeas corpus, and violate the First, Fourth, and 14th Amendments of the U.S. Constitution. 

The videos of ICE agents’ conduct and tactics in Chicago, particularly the head shot taken by ICE at the Rev. David Black and the repeated shots taken at other protesters, are deeply, deeply disturbing, and raise the question of ICE’s accountability for its actions. The details and accounts of the conditions of detention in ICE facilities by detainees, as reported in the New York Times on Nov. 17, and in the Op-Ed section of the New York Times on Nov. 21, are a national disgrace.

ICE has made itself judge, jury, and enforcer, with no transparent oversight or accountability. By wearing masks, refusing to identify themselves, and detaining individuals without charging them, ICE agents are indistinguishable from masked vigilantes, and jeopardize the safety of the public and themselves.

To serve our country is a privilege and an honor. By hiding behind masks and refusing to identify themselves or their agency, ICE agents are bringing dishonor on themselves and on the agency they work for. If they thought their cause was just and that they were acting honorably, they would have no need to conceal their identity, and would have the confidence to act transparently, taking the moral responsibility to be held accountable for their actions. 

The Baptismal Covenant of the Episcopal Church asks that we, as Episcopalians, be faithful in worship, practice, and prayer; repent when we fall into sin; proclaim the Gospel; seek and serve Christ in all persons, loving our neighbor as ourself; to strive for justice and peace among all people, and respect the dignity of every human being.

I do not hold ICE to that standard, as each, under the First Amendment, is free to worship however they wish. However, just as I hold myself accountable to honor the solemn vows and promises I twice made to God and to God’s people at my ordinations, and to honor my oath with the Fire Department, so do I hold our elected officials and all government employees accountable to honor their solemn oaths or affirmations “to preserve, protect and defend the Constitution of the United States” … “against all enemies, foreign and domestic; that [they] will bear true faith and allegiance to the same; and that [they] will well and faithfully discharge the duties of [their] office, so help [them] God.”

If the elected, appointed, and other government officials cannot keep their oath to protect, support, and defend the Constitution of the United States, then they, too, are acting dishonorably, and are complicit in ICE’s actions.

I remain convinced that the people of the U.S. are fundamentally decent, compassionate, and generous. The tactics, actions, and insolence of masked ICE agents demean themselves, disrespect our dignity as human beings, and diminish us as a nation. 

The people in charge of ICE seem indifferent to the damage their agency is causing to families and communities across our country. They seem not to care about the moral injury they and their agents are inflicting through their tactics. They seem not to care that they are eroding trust in law enforcement agencies, including their own. It’s time for ICE and its agents to be transparent by using the judicial court system, and it’s time for them to be held accountable for their actions.

8 COMMENTS

  1. May I remind all champions of individuals who are in the USA illegally that ICE is simply enforcing laws which Congress passed and has refused to fix. Surely you do not suggest that the Executive Branch can choose which laws to enforce and ignore Congress. The Commonwealth has two very powerful Senators. Perhaps your ire at President Trump is misplaced. Senator Warren is a commanding ‘voice’. She could start being vocal about a temporary visa/guest worker program. Why isn’t she? Why aren’t YOU. There is a saying: “CRITICISM IS EASIER THAN CRAFTSMANSHIP”. Let’s ALL work to adjust and fix existing laws.

  2. Thank you Fr. Harding for your eloquence, unique perspective and clear condemnation of the wrongful actions the government of the U.S. is perpetrating upon the people of this nation — no matter where they came from. An oath is neither something to trifle with nor trample upon.
    The Rev Canon Robert Edmunds
    Edgartown

  3. Thank you for writing this. I hope we islanders will have the courage to act on these convictions when faced with the challenges ICE presents to us all.

  4. Rev. Harding raises serious concerns, but his argument depends on broad claims that don’t match how ICE actually operates.

    Here on the Vineyard, we’ve seen how quickly national issues get distorted when emotion outruns fact, and this feels like another example of that dynamic.

    ICE, like the FBI and U.S. Marshals, is permitted to use masks and protective gear during high-risk operations. That does not turn agents into “vigilantes,” nor does it erase the legal standards and oversight mechanisms that actually govern them. These are the same procedures used by multiple federal agencies when safety risks are present.

    The claim that ICE detains people “indefinitely without charges” conflicts with federal law. Custody reviews, bond hearings, and formal notices are required, and immigration judges — not field agents — issue removal orders. Misconduct should be addressed, but isolated abuses cannot define an entire agency any more than one chaotic summer day defines the Island’s character or values.

    We can debate humane treatment, resources, and enforcement priorities without recasting thousands of officers as lawless actors.

    Vineyarders know the difference between a tough discussion and a distorted one. Arguments rooted in exaggeration may feel satisfying in the moment, but they inflame the issue rather than clarify it for anyone involved.

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