As immigration enforcement and detainee rights dominate national headlines, Rosanna Berardi, Managing Partner of Berardi Immigration Law, joined ABC News to provide legal clarity during a live interview with host Kyra Phillips. Her message was direct: constitutional law doesn’t bend based on immigration status or politics.
When asked whether a detainee can ever be denied legal counsel, Rosanna was unequivocal: absolutely not. Everyone physically present in the United States has a constitutional right to an attorney. While delays in access to counsel may occur in practice, denial is unlawful, and reports suggesting otherwise are deeply concerning.
Rosanna also addressed escalating federal actions, including the potential deployment of troops and a recent federal court order limiting ICE tactics. She noted that while immigration enforcement is federal authority, it is still bound by constitutional limits, and courts are clearly signaling that those limits matter. The takeaway: heightened enforcement does not erase due process, and the Constitution still applies, even when things get loud.
Watch The Full Interview Here: https://abcnews.go.com/US/video/legal-implications-ice-actions-minnesota-129359893
Interview Transcript:
Kyra Phillips: Is there any instance when a detainee can be denied legal counsel?
Rosanna Berardi: Absolutely not, Kyra. This is really something that attorneys and all of us just shake our heads at. It is a constitutional right, regardless of your status in the United States. Everyone physically present in the U.S. has a right to legal counsel. Now, is it a matter of delays? We don’t know, but to hear this is very concerning.
Kyra Phillips: So defense officials tell us that- that Trump has not made a final decision on whether to deploy federal troops in Minneapolis, but they are taking being apparently, quote, prudent steps to prepare. What do you think the impact of this would be?
Rosanna Berardi: It again, very concerning. We have the state versus the federal government. Not something that we see every day in America, and we’re not sure where this is going to land. I mean, if I had a crystal ball, I would think at some point, the U.S. Supreme Court is going to get involved in this, but that’s not an overnight process or proceeding. So we’re going to have to wait and see, but. The Supremacy Clause typically and usually favors the federal government, so we’ll have to see what happens if National Guard is sent in.
Kyra Phillips: So over the weekend, this federal judge ordered sweeping restrictions on what tactics can actually be used by immigration agents. Do you find that to be a pretty significant move?
Rosanna Berardi: Definitely, and I think it’s sending a message to ICE reminding them of the rules, reminding them to be fair-minded. They’re law enforcement officers, they’re charged with a job to do just like- you and I are. However, there are restrictions in what they can and cannot do. And given what we’ve all seen on, you know, the news and what has been going on in the last several weeks, I wasn’t surprised for that type of ruling to come out on Friday.
Kyra Phillips: Alright, Rosanna Berardi, appreciate your input as always.
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