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L.D.Michaels's avatar

ICE AGENTS CLAIM RIGHT TO BREAK INTO HOMES WITHOUT JUDICIAL WARRANTS IN VIOLATION OF THE 4th AMENDMENT

As reported today by the Associated Press, ICE agents are now claiming that they have the right to use force to break into homes to arrest residents without a warrant signed by a judge.

The Fourth Amendment provides:

“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.”

It is settled law, as proclaimed by the U.S. Supreme Court, federal courts and state courts throughout the land that such warrants to enter homes by force must be signed by judges, and not mere civil servants or other administrative functionaries.

Whistleblower Aid, a non-profit legal organization, stated that it represents two anonymous U.S. government officials who have revealed “a secretive - and seemingly unconstitutional - policy directive.” This directive was in the form of an ICE memo that states that their officers can forcibly enter homes and arrest immigrants using just a signed administrative warrant known as an I-205. While it provides guidelines to first seek either permission to enter the home or attempt to draw the subject out of the home, such failure may be followed by forcibly entering the home to search for and arrest the subject.

Under this directive, who is authorized to issue these “administrative warrants” that are used to displace judges?: civil service functionaries or other administrative personnel within the Department of Homeland Security, the Secretary of which is - you guessed it- Kristi Noem.

One of the whistleblowers within ICE had been allowed to view the memo only in the presence of a supervisor and then had to give it back. That person was not allowed to take notes. A whistleblower was able to access the memo and lawfully disclose it to Congress, according to Whistleblower Aid. While the memo is addressed to all ICE personnel, it has been shown only to “select DHS officials” who then shared it with some employees who were told to read it and return it. The memo was signed by the acting director of ICE, Todd Lyons, and dated May 12, 2025. According to the whistleblowers’ account, newly hired ICE officers are being told they can rely solely on these administrative warrants to enter homes by force to make arrests even though that conflicts with written Homeland Security training materials.

As each day passes, ICE’s tactics and ruthlessness look more and more like Himmler’s Gestapo.

Susan Melnik's avatar

Katie Phang's overview of the Supreme Court discussions was priceless. Thank you, Katie!

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