Op-Ed | The Trump administration has turned the Fourth Amendment on its head | amNewYork

"While the U.S. Department of Justice has never been a beacon on the hill in my lifetime, they are now demolishing Constitutional protections at an alarming rate. Certainly, the violations are too numerous, broad-based, and ongoing to address in a single article, but let us consider the actions of federal immigration authorities in violating the Fourth Amendment, the right to search one's residence."

"The Founding Fathers created the Fourth Amendment in direct response to the British colonial practice of using abusive general warrants and writs of assistance, which allowed unchecked government intrusion into homes and property without probable cause, violating colonists' fundamental rights to privacy and security in their persons, houses, papers, and effects. The Founders feared that the new federal government might employ similar tactics to suppress dissent or oppress citizens, as British officials had targeted colonists."

"Until 2025, the protections afforded by the Fourth Amendment had frequently been expanded by the courts, while acknowledging the need to avoid hindering legitimate law enforcement. By contrast to that legacy of protection, consider the undermining of the Fourth Amendment by ICE agents. A U.S. Immigration and Customs Enforcement memo issued on May 12, 2025, and signed by Acting Director Todd Lyons, authorized agents to enter the homes of those suspected of being in the U.S. illegally with an administrative warrant"

Photojournalists documented ICE detainments inside the immigration court through sustained coverage at 26 Federal Plaza. Federal civil liberties safeguards, especially the Fourth Amendment, face systematic erosion as enforcement actions permit intrusive home entries. The Fourth Amendment was adopted to prevent unchecked governmental searches of homes and property and to require judicially approved warrants based on probable cause. Courts historically expanded protections while balancing law enforcement needs. A May 12, 2025 ICE memo signed by Acting Director Todd Lyons authorized entry into suspected undocumented individuals' homes on the basis of administrative warrants rather than warrants issued by judges, reducing judicial oversight and privacy protections.

Read at www.amny.com