Fresh Air: ICE Campus Arrests & The 'Struggle For The Soul' Of America
Hosted by NPR's Tanya Mosley and Tonya Mosley
Release Date: April 2, 2025

Overview

In this poignant episode of Fresh Air, NPR delves into the alarming surge of Immigration and Customs Enforcement (ICE) arrests on college campuses across the United States. Featuring an in-depth interview with Daniel Kanstrom, a renowned professor at Boston College Law School and an expert in immigration and human rights law, the discussion navigates the legal, social, and ethical ramifications of these actions. The episode sheds light on individual cases, systemic challenges, and the broader implications for America's identity and values.

ICE's Aggressive Tactics on College Campuses

Opening Case: Romesa Ozturk At the heart of the episode is the distressing case of Romesa Ozturk, a 30-year-old Turkish PhD student at Tufts University. Last week, a video emerged showing six masked and plainclothes ICE agents orchestrating her arrest as she stepped out for dinner during Ramadan. Despite holding a valid F1 student visa, Ozturk was detained after her visa was revoked without prior warning. This incident is emblematic of a disturbing trend, with similar arrests reported at prestigious institutions like Columbia University, the University of Minnesota, and the University of Alabama.

Daniel Kanstrom's Reaction When confronted with Ozturk's arrest footage, Kanstrom expressed immediate horror. “This is a very, very extreme example of government power...no specific charging document, no specific, no reading of charges, no explanation. This is a horrible thing to see” (03:09).

Legal Dimensions and First Amendment Rights

Balancing Government Power and Constitutional Rights Kanstrom elucidates the complex interplay between the government's authority to regulate non-citizens' status and the constitutional protections afforded by the First Amendment. He posits that while the government holds significant sway over the immigration status of individuals, especially those on temporary visas, these actions are constrained by constitutional safeguards.

Notable Insight: “It is both yes and no. The provision at issue here... unless they can come up with some activities that she actually engaged in that were against the law, they may have a hard time deporting her simply for speech or for publishing an op-ed” (06:14).

Use of Detention Centers: The Louisiana Example

Strategic Detentions ICE's decision to transfer detainees like Ozturk and Mahmoud Khalil to a detention center in Louisiana underscores a strategic approach to immigration enforcement. Kanstrom explains that these centers are intentionally located in remote areas, making legal representation and support increasingly challenging for detainees.

Impact on Legal Representation: “They make it incredibly difficult to actually be in touch to visit with a client...the particular judges in that part of the country tend to be rather supportive of the government and rather unfriendly to lawyers for noncitizens” (08:02).

The Broader Immigration Strategy Under Scrutiny

Political Motivations Behind Deportations Kanstrom argues that the current administration's focus on deporting documented individuals, including students and green card holders, signals a shift from traditional immigration enforcement. This approach appears to prioritize political objectives over addressing undocumented immigration, revealing a broader strategy aimed at instilling fear rather than resolving systemic issues.

Historical Context and the Alien Enemies Act The invocation of the Alien Enemies Act, a statute dating back to the 1790s, to justify these deportations marks a significant departure from its historical use during times of actual armed conflict. Kanstrom warns of the dangerous precedent this sets, potentially expanding government overreach.

Key Quote: “The First Amendment does not say citizen. The First Amendment is both a grant of rights to people to speak, but it's also a restraint on the power of government to suppress speech and to suppress ideas” (07:34).

Psychological and Social Impacts: Fear and Self-Deportation

Creating a Climate of Fear The relentless deportation campaigns foster a pervasive sense of fear among non-citizens and even among citizens. Kanstrom emphasizes that this atmosphere serves as a strategic tool to coerce individuals into self-deporting, thereby reducing the visibility of undocumented populations without direct enforcement.

Self-Deportation as a Tactic: “It’s absolutely a strategy... I get calls from people all the time asking if they should leave the country” (16:39).

Systemic Challenges: Immigration Court Backlogs

Overwhelmed Judicial Systems With immigration courts handling an unprecedented backlog of 2 to 3 million cases, the efficiency and fairness of the system are severely compromised. Kanstrom highlights the chronic underfunding and lack of appointed judges as critical factors exacerbating delays and increasing the likelihood of wrongful deportations.

Potential Reforms: Kanstrom suggests that increasing the number of immigration judges and instituting deadlines for case resolutions could alleviate some of the systemic pressures, though he staunchly opposes measures that would eliminate due process rights.

International Implications and Human Rights Concerns

Deportations to Foreign Prisons The administration's deportation of individuals to countries like El Salvador, where they face harsh conditions, raises significant human rights concerns. Kanstrom asserts that such actions likely violate international law, which prohibits deporting individuals to places where they may face persecution or torture.

Financial and Political Entanglements: Agreements between the U.S. and countries like El Salvador and Venezuela involve complex financial incentives that may unduly influence the acceptance of deportees, further complicating ethical and legal standards.

Key Statement: “If the next place you find yourself is in a massive high security facility in El Salvador, that is not legal under international law” (33:22).

Recommendations for Citizens and Legal Community Responses

Empowering the Public: Kanstrom urges everyday citizens to remain informed and engaged, drawing parallels to historical moments where solidarity and activism led to significant legal and societal reforms.

Legal Community's Role: While some within the legal profession may acquiesce to governmental pressures, many are galvanized into solidarity and resistance, reminiscent of the post-McCarthy era's pushback against oppressive policies.

Final Advice: “Understand that while this particular moment is extremely fraught and for many people extremely terrifying, we have seen moments like this in US History before and they tend to inspire great solidarity and great forms of activism and resistance” (46:31).

Looking Forward

The episode concludes by reflecting on the enduring struggle over America's identity as a nation of immigrants versus a "deportation nation." Kanstrom emphasizes the necessity of advocating for a more inclusive and just immigration system that honors constitutional rights and human dignity.

Notable Quotes

• Daniel Kanstrom (03:09): “This is a very, very extreme example of government power... no specific charging document, no specific, no reading of charges, no explanation. This is a horrible thing to see.”

• Daniel Kanstrom (07:34): “The First Amendment does not say citizen. The First Amendment is both a grant of rights to people to speak, but it's also a restraint on the power of government to suppress speech and to suppress ideas.”

• Daniel Kanstrom (16:39): “It’s absolutely a strategy... I get calls from people all the time asking if they should leave the country.”

• Daniel Kanstrom (33:22): “If the next place you find yourself is in a massive high security facility in El Salvador, that is not legal under international law.”

• Daniel Kanstrom (46:31): “We have seen moments like this in US History before and they tend to inspire great solidarity and great forms of activism and resistance.”

Conclusion

This episode of Fresh Air offers a comprehensive examination of the current state of immigration enforcement in the United States, particularly focusing on the troubling trend of ICE arrests on college campuses. Through Daniel Kanstrom's expertise, listeners gain a nuanced understanding of the legal challenges, historical precedents, and profound societal impacts stemming from these actions. The discussion underscores the urgent need for reform and the importance of upholding constitutional and human rights in the face of expanding government authority.