Home Invasions on the Rise: Constitution-Free Policing in Trump’s America

This article was originally published by John W. Whitehead at The Rutherford Institution It has been republished with permission from the author. Please contact the author directly for republishing information.

“One of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle.”—James Otis, Revolutionary War activist, on the Writs of Assistance, 1761

What the Founders rebelled against—armed government agents invading homes without cause—we are now being told to accept in the so-called name of law and order.

Imagine it: it’s the middle of the night. Your neighborhood is asleep. Suddenly, your front door is splintered by battering rams. Shadowy figures flood your home, screaming orders, pointing guns, threatening violence. You and your children are dragged out into the night—barefoot, in your underwear, in the rain.

Your home is torn apart. Your valuables seized. Your sense of safety, demolished.

But this isn’t a robbery by lawless criminals.

This is what terror policing looks like in Trump’s America: raids by night, flashbangs at dawn, mistaken identities, and shattered lives.

On April 24, 2025, in Oklahoma City, 20 heavily armed federal agents from ICE, the FBI, and DHS kicked in the door of a home where a woman and her three daughters—all American citizens—were sleeping. They were forced out of bed at gunpoint and made to wait in the rain while agents ransacked the house, confiscating their belongings.

It was the wrong house. The wrong family.

There were no apologies. No compensation. No accountability.

This is the new face of American policing, and it’s about to get so much worse thanks to the President Trump’s latest executive order, which aims to eliminate federal oversight and empower local law enforcement to act with impunity.

Titled “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens,” the executive order announced on April 28, 2025, removes restraints on police power, offers enhanced federal protections for officers accused of misconduct, expands access to military-grade equipment, and nullifies key oversight provisions from prior reform efforts.

Trump’s supporters have long praised his efforts to deregulate business and government under the slogan of “no handcuffs.” But when that logic is applied to law enforcement, the result isn’t freedom—it’s unchecked power.

What it really means is no restraints on police power—while the rest of us are left with fewer rights, less recourse, and a Constitution increasingly ignored behind the barrel of a gun.

This isn’t just a political shift. It’s a constitutional unraveling.

These aren’t abstract freedoms—they’re the bedrock of the Bill of Rights: the Fourth Amendment’s shield against warrantless searches, the Fifth Amendment’s promise of due process, and the First Amendment’s guarantee that we may speak, protest, and petition without fear of state retaliation.

Yet the build-up of the police state didn’t begin with Trump. What he has done is seize upon decades of bipartisan failure—and strip away the last remaining restraints.

For years, under both Republican and Democratic administrations, policing in America has grown more militarized, aggressive, and unaccountable. At times, there were modest attempts to rein in the worst excesses—like curbing the flow of military surplus equipment to local police—but these efforts were short-lived, inconsistent, and easily undone.

Trump’s executive order doesn’t just abandon those reforms. It bulldozes the guardrails. It hands law enforcement a blank check: more weapons, more power, and fewer consequences.

The result is not safety. It’s state-sanctioned violence.

It’s a future in which no home is safe, no knock is required, and no officer is ever held accountable.

That future is already here.

Just a few days before Trump signed the order, that reality played out in Oklahoma City when ICE, FBI, and DHS agents stormed the wrong home and terrorized a mother and her daughters.

Unfortunately, this is not an isolated incident.

In the 30 years since the first federal Crime Bill helped militarize local police forces, the use of SWAT teams has exploded. What was once a rare tactic for hostage situations is now used tens of thousands of times a year, often for nonviolent offenses or mere suspicion. These raids leave behind broken doors, traumatized children, and, too often, dead bodies. And yet, when families seek justice, they’re met with a legal wall called qualified immunity.

Under this doctrine, courts excuse even blatant misconduct by law enforcement unless an almost identical case has already been ruled unconstitutional. It’s legal sleight of hand—a get-out-of-jail-free card for government agents who trample on the Constitution.

We’ve entered an era in which federal agents can destroy your home, traumatize your family, and violate the Fourth Amendment with impunity. And the courts have said: that’s just how it works.

More than 80,000 SWAT raids now occur annually in the United States, most of them for nonviolent offenses like drug possession or administrative code violations.

Many are botched. Few are ever investigated.

In Martin v. United States, now before the Supreme Court, a heavily armed FBI SWAT team mistakenly stormed a Georgia home—armed with rifles, clad in tactical gear, and deploying a flashbang grenade—causing the family inside, with a 7-year-old son, to fear they were being burglarized.

The agents were supposed to raid a gang suspect’s house. Instead, they relied on faulty GPS and ended up at the wrong address, a block away from the intended target.

Only after detaining the family—forcing one family member onto the bedroom floor at gunpoint, and then pointing a gun in the mother’s face—did the officers realize their mistake.

The Rutherford Institute, alongside the National Police Accountability Project, filed an amicus brief urging the Court to deny qualified immunity for the agents. But if history is any guide, justice may prove elusive.

Just last year, the Court refused to hold a SWAT team leader accountable for raiding the wrong house, wrecking the wrong home, and terrorizing an innocent family.

In Jimerson v. Lewis, the SWAT team ignored clear differences between the actual target house and the Jimerson residence—missing house numbers, architectural mismatches, a wheelchair ramp where none should have been—and still received qualified immunity.

These rulings aren’t exceptions—they reflect a growing doctrine of unaccountability enshrined by the courts and now supercharged by the Trump administration.

Trump wants to give police even more immunity.

Brace yourselves for a new era of lawless policing.

President Trump’s call for a new crime bill that would further insulate police from liability, accountability and charges of official misconduct could usher in a new era of police brutality, lawlessness and the reckless deployment of lethal force on unarmed civilians.

This is how the rights of ordinary Americans get trampled under the boots of unchecked power.

Even when SWAT commanders disregard warrants, ignore addresses, and terrorize innocent families, the courts shield them from consequences.

These SWAT raids have become a thinly veiled, court-sanctioned excuse to let heavily armed police crash through doors in the dead of night. Too often, they’re marked by incompetence, devastation, and death—leaving a trail of broken homes and broken lives, while law enforcement escapes accountability.

There was a time in America when a person’s home was a sanctuary, protected by the Fourth Amendment from unlawful searches and seizures.

That promise is dead.

We have returned to the era of the King’s Writ—blanket search powers once used by British soldiers to invade colonial homes without cause. As James Otis warned in 1761, such writs “annihilate the privilege” of privacy and due process, allowing agents of the state to enter homes “when they please.”

Trump’s new executive order revives this tyranny in modern form: armored vehicles, night raids, no-knock warrants, federal immunity. It empowers police to act without restraint, and it rewards those who brutalize with impunity.

Even more alarming, the order sets the stage for future legislation that could effectively codify qualified immunity into federal law, making it nearly impossible for victims of police violence to sue.

This is how constitutional protections are dismantled—not in one dramatic blow, but in a thousand raids, a thousand broken doors, a thousand courts that look the other way.

Let’s not pretend we’re safe. Who will protect us from the police when the police have become the law unto themselves?

The war on the American people is no longer metaphorical.

Government agents can now kick in your door without warning, shoot your dog, point a gun at your children, and suffer no legal consequences—so long as they claim it was a “reasonable” mistake. They are judge, jury, and executioner.

With Trump’s new order, the architecture of a police state is no longer theoretical. It is being built in real time. It is being normalized.

It’s not just the poor, the marginalized, or the criminalized who should be afraid. It’s every homeowner, every parent, every citizen who still believes in the Bill of Rights.

Nowhere is this threat more visible than in the unholy alliance between ICE and militarized police forces.

This is where the danger deepens: when ICE and SWAT join forces, no one is safe.

This is more than just a problem of policing—it’s the convergence of two of the most dangerous arms of the modern security state: the merging of federal immigration enforcement with militarized domestic operations, creating a volatile blend of ICE lawlessness and militarized SWAT-style brute force.

Together, they’ve created a government apparatus that acts first and justifies itself later, if at all.

What used to be separate spheres—immigration enforcement and local policing—have now, under the pretense of national security, merged into a seamless operation of nighttime raids, heavy weaponry, blacked-out uniforms, and unmarked vehicles.

Armed federal agents, often operating in plainclothes and without clearly presented warrants, storm homes in the dead of night.

The distinction between a SWAT raid and an ICE operation has disappeared.

ICE agents—often masked, plainclothes, and operating without judicial oversight—are executing aggressive home invasions indistinguishable from SWAT team raids. These officers operate in secret, detaining individuals without clear warrants, sometimes without charges, and often without informing families of where their loved ones have been taken.

This alliance of ICE and SWAT has turned the American home into a battlefield, especially for those deemed politically inconvenient or “suspect” by the state.

These raids aren’t limited to those suspected of crimes.

Legal residents, asylum seekers, and even U.S. citizens have found themselves disappeared under vague claims of national security or immigration violations.

It is policing by fear and disappearance. And it runs counter to everything the Bill of Rights was designed to prevent: punishment without trial, surveillance without suspicion, and power without accountability.

When ICE agents armed with military-grade equipment conduct predawn raids alongside SWAT teams, with little to no accountability, the result is not public safety. It is state terror. And it’s exactly the kind of unchecked power the Constitution was written to prevent.

The Constitution is supposed to be a shield—especially the Fourth Amendment, which guards against unreasonable searches and seizures. But in this new reality, the government has nullified that shield.

All of America is fast becoming a Constitution-free zone.

What started as an exception—the so-called Constitution-free zone at the border—is fast becoming the norm across America, where due process is optional, and law enforcement acts more like a domestic army than a public servant.

The government no longer needs to prove its authority in court before violating your rights. It only needs to assert it on your doorstep—with flashbangs and rifles at the ready.

The only castle left may be the one you’re willing to defend.

The Founders knew the dangers of unchecked power. That’s why they gave us the Fourth Amendment. But rights are only as strong as the public’s willingness to defend them.

If we allow the government to turn our homes into war zones—if we continue to reward police for lawless raids, ignore the courts for rubber-stamping abuse, and cheer political leaders who promise “no more handcuffs”—we will lose the last refuge of freedom: the right to be left alone.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the Constitution cannot protect you if the government no longer follows it—and if the courts no longer enforce it.

The knock may never come again. Just the crash of a door. The sound of boots. And the silence that follows.