Addressing Constitutional Concerns in Maine: A Statement in My Role as MSBA President
By Rachel Okun, President, Maine State Bar Association
A few weeks ago, I had the opportunity to sit down with Pearl Small at News Center Maine in my role as President of the Maine State Bar Association to address concerns raised by members of the legal community following a recent surge in ICE activity in Maine. The MSBA Board of Governors previously issued a statement condemning ICE activities in Maine, and this was my opportunity to talk about that statement.
I want to be clear about the context of my discussion with Pearl. I was not speaking on behalf of my law firm, and my firm does not practice immigration law or handle constitutional civil rights claims of this nature. My comments were offered in my capacity as MSBA President and reflected broader concerns about the rule of law and constitutional protections.
You can watch the full news segment here: Law organization warns of constitutional rights violations after ICE surge
The Maine State Bar Association is a non-partisan professional organization that "promotes the honor, dignity and professionalism of lawyers, advances the knowledge, skills and interests of its members, and supports the public interest in a fair and effective system of justice." When ICE came to Maine through "Operation 'Catch of the Day'", several of our members raised credible concerns about constitutional issues, particularly regarding warrantless entry into private homes in violation of the 4th Amendment of the Constitution, warrantless arrests without meaningful due process, and the use of enforcement surges directed at regions perceived to be politically opposed to the current administration. When there are valid constitutional concerns, it is not only appropriate, but necessary, for a Bar Association to acknowledge those concerns and help explain why they matter.
This is not about taking positions on immigration policy. It is about reaffirming foundational legal principles under the Constitution. One of the responsibilities of the legal profession is to help the public understand the basic contours of their rights and the legal framework within which government actors must operate. Speaking publicly in this moment was about transparency and education, not advocacy for a particular outcome or case.
Although my private practice focuses on personal injury law, the values that guide my work are the same ones that guide my service to the Bar Association: fairness, accountability, and respect for the rule of law.
Regardless of practice area, lawyers share a responsibility to uphold constitutional principles and to speak thoughtfully when those principles are implicated in public discourse.
Serving as President of the Maine State Bar Association is both a privilege and a responsibility. I appreciate News Center Maine for covering this issue and for providing space for the legal community to explain why constitutional protections matter, not just in courtrooms, but in everyday life throughout Maine.
