"In the context of the ICE search, it means that a person's home, as they say, really is their castle. Historically, it was meant to remedy something that was true in England, where the colonists came from, which was that the king or those empowered by the king could invade people's homes at will. The Fourth Amendment was meant to establish a sort of zone of privacy for people, so that their papers, their property, their persons would be safe from intrusion without cause."
"In this context, an administrative warrant is nothing more than the folks at ICE headquarters writing something up and directing their agents to go arrest somebody. That's all. It's a piece of paper that says 'We want you arrested because we said so.' At bottom that's what an administrative warrant is, and of course it hasn't been approved by a judge."
The Fourth Amendment creates a protected zone of privacy securing homes, papers, property, and persons against government intrusion without cause. That protection addressed historical abuses by monarchs and empowered officials who could enter homes at will. Fourth Amendment law has expanded as new technologies and modes of transportation—such as cellphones and automobiles—brought additional areas under privacy protection. Administrative warrants are internal government authorizations issued by agencies like ICE to direct arrests without prior judicial approval. Administrative warrants lack independent judicial review and using them to enter homes bypasses the Fourth Amendment’s safeguard against abuse of government power.
Read at Fortune
Unable to calculate read time
Collection
[
|
...
]