Former DHS Officials Warn of Threat to Rule of Law from ICE Operations

Retired agents call for Congressional oversight and reform of immigration enforcement agencies

Jan. 28, 2026 at 4:23pm

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Two former senior Department of Homeland Security officials, Eric Balliet and Elizabeth Neumann, have expressed deep alarm over what they describe as violations of Americans' constitutional rights by federal immigration enforcement agencies under the Trump administration. They argue that aggressive tactics and a shift in culture at agencies like ICE and CBP have endangered both civilians and officers, and they call on Congress to hold oversight hearings and consider reconstituting the agencies to restore public trust.

Why it matters

The authors' concerns about the erosion of constitutional protections and the normalization of escalation in immigration enforcement operations have broader implications for the rule of law and the relationship between the public and law enforcement, not just in Colorado but across the country. Their call for Congressional action reflects the gravity of the situation and the need for robust oversight and reform.

The details

Balliet and Neumann, both former senior DHS officials, describe a pattern of constitutional violations by immigration enforcement agencies, including the use of excessive force, the labeling of citizens as 'terrorists' without evidence, and the conduct of operations that prioritize numerical targets over public safety and due process. They argue that this shift in culture and tactics, driven by DHS leadership, has influenced officers to view the public as adversaries rather than citizens to protect. The authors warn that this erosion of accountability and oversight raises the risk of further violence and erodes public trust in these agencies.

  • Over the past year, DHS leadership has driven a dramatic shift in tone and culture.
  • In just the last three weeks, federal immigration officers have been involved in three shootings, resulting in two deaths.

The players

Eric Balliet

A retired Homeland Security Investigations special agent who spent over 15 years on the Arizona/Mexico border combatting international drug and human smuggling organizations, and served as the law enforcement advisor to Department of Homeland Security secretaries Jeh Johnson and John Kelly.

Elizabeth Neumann

A former DHS assistant secretary for counterterrorism and deputy chief of staff who served in national security roles across three administrations, including the Trump administration.

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What they’re saying

“Citizens have a duty to exercise their First Amendment rights peacefully. But the greater burden of restraint rests with the state.”

— Eric Balliet and Elizabeth Neumann (Denver Post)

What’s next

Congress is being called upon to hold oversight hearings, demand accountability from DHS leadership, and consider reconstituting the immigration enforcement agencies to restore public trust.

The takeaway

The authors' concerns highlight the broader threat to the rule of law and the need for robust Congressional oversight and reform of federal immigration enforcement agencies whose aggressive tactics and lack of accountability have endangered both civilians and officers.