https://abcnews.go.com/US/ice-memo-allows-agents-enter-homes-judicial-warrant/story?id=129436766
A U.S. Immigration and Customs Enforcement (ICE) memo issued in May authorizes agents to enter the homes of those suspected of being in the U.S. illegally with an administrative warrant -- not a warrant signed by a judge -- in order to make immigration arrests, according to a whistleblower group, which says it has shared the "secretive" memo with Congress.
Traditionally, ICE agents have needed a warrant signed by a judge in order to enter the home of someone suspected of being in the U.S. illegally. However, the guidance allegedly given by ICE in May suggests they can rely on administrative warrants, which are authored by officials within the Department of Homeland Security -- and in most cases by ICE agents.
The group Whistleblower Aid says it represents two anonymous U.S. government officials. The whistleblower group argues the ICE memo violates the Fourth Amendment and DHS' own policy manual.
Typically, ICE arrests have been limited to public places because the administrative warrants, known as Form I-205, have not been considered a warrant issued by a "neutral and detached magistrate," the whistleblower group said in its complaint to Congress.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
