"Immigration and Customs Enforcement reportedly created an internal memo asserting that its agents can enter people's homes to make arrests without a judicial warrant. And the memo, we are assured, is extremely chill and very constitutional, which is why ICE refused to widely distribute it and told some of those who did see it that they had to view it in the presence of their supervisor and couldn't take notes."
"The Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation." In practice, this has meant that law enforcement needs a judicial warrant to enter private property without permission... barring exigent circumstances, like someone inside being in immediate danger. A judicial warrant, as the name suggests, involves a judge signing off on it. By contrast an "administrative warrant" has someone in the executive branch sign off on it."
"If Homeland Security has gotten a removal order - which could be from an official as low on the pecking order as an immigration judge - then an immigration officer can go ahead and issue an I-205 authorizing agents to go get the person... and now, for the first time, they claim that form is all it takes for the government to overcome the Fourth Amendment."
An internal ICE memo signed by Acting Director Todd Lyons asserts that agents may forcibly enter homes based solely on administrative warrants. The memo states that a removal order, even from lower-level officials, allows issuance of an I-205 by an immigration officer authorizing arrest in a residence. The Department of Homeland Security Office of the General Counsel reportedly concluded that such administrative warrants comply with the Constitution, the Immigration and Nationality Act, and regulations. ICE reportedly limited distribution of the memo and required some viewers to read it only under supervisor presence without taking notes.
Read at Above the Law
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