Steven Nekhaila, the chair of the Libertarian National Committee, just issued a powerful statement demanding the complete abolition of Immigration and Customs Enforcement, or ICE, following the fatal shooting of US citizens by a Border Patrol agent in Minneapolis, as reported by The Hill. The head of the major US party was unequivocal, slamming the agency’s tactics and warning that the government’s approach to enforcement is leading directly toward a pervasive “police state.”
The immediate catalyst for this strong public condemnation was the tragic incident in Minneapolis where two US citizens, Alex Pretti and Renee Good, both 37, were fatally shot. The shootings have ignited intense public backlash against the President Trump administration’s controversial decision to deploy ICE and Customs and Border Protection personnel far beyond the border and into Democratic-run cities nationwide.
On top of the recent violence, Nekhaila is deeply troubled by the legal maneuvers that allow these agencies to operate with such broad authority. He specifically cited a highly concerning authorization memo signed last year by acting ICE Director Todd Lyons. This memo reportedly grants agency personnel the power to enter private homes and arrest migrants without a judicial warrant, provided they possess an administrative warrant and a final order of removal issued by a judge.
That authorization is incredibly problematic from a constitutional standpoint
You’re probably aware that the Fourth Amendment is designed specifically to protect all individuals against “unreasonable searches and seizures.” It requires authorities to obtain a proper warrant based on probable cause before they can justify a search. An internal agency memo simply cannot override that fundamental protection.
Nekhaila called out the agency’s justification for bypassing judicial approval directly, stating that ICE is justifying its officers’ ability to enter homes without a judicial warrant via “an assertion by fiat, not a principle recognized by the Constitution, statute, or the courts.” He made it absolutely clear where he stands on the matter, noting, “The Fourth Amendment does not bend to agency memos.”
The chair of the LNC argues that the tactics used by ICE and Customs and Border Protection personnel embody what he describes as “occupation-style policing.” He believes the problem stems from the agency’s very roots. ICE was created in 2003 by the Homeland Security Act, which was passed in the immediate wake of the terror attacks on September 11, 2001.
Nekhaila explained that ICE “was created in a national security context, blending immigration enforcement with counterterrorism culture, equipment, and mindset.” This foundation, he argues, has led to a structure that is inherently prone to overreach and the violation of civil liberties. Since his party has always championed welcoming immigration policies and fiercely supports protecting civil liberties, this demand for abolition is a logical step for them.
In a lengthy public statement, Nekhaila warned people to be vigilant against the expansion of government power, issuing a chilling prediction about how these security measures often become permanent fixtures. He added a grave caution, saying, “Do not be fooled. Every justification for state violence will be depersonalized, amplified, and systematized until it is a permanent feature of governance.”
Ultimately, his message to the public is simple and uncompromising: “Abolish ICE. Reform the broken immigration system. Do not give the police state an inch.”
Published: Jan 26, 2026 11:00 am