ICE Memo Sparks Concerns Over Home Raids Without Judicial Warrants

A recently released internal memo from U.S. Immigration and Customs Enforcement (ICE) allows agents to enter homes without a warrant signed by a judge, granting immigration officers more authority than ever before. The move has caused confusion and fear among immigrant communities, as legal experts say it may violate constitutional protections under the Fourth Amendment.

Key Points About the ICE Memo

• Administrative vs. Judicial Warrants: The memo permits ICE to use “administrative warrants,” which are issued internally by the agency, instead of traditional judicial warrants signed by a judge. Experts caution that administrative warrants lack independent review and are not considered a sufficient legal basis to enter someone’s home.
• Legal Concerns: Immigration attorneys argue that allowing ICE to enter homes without judicial approval may be unconstitutional. Sarah Vendzules, director of the Immigrant Justice Team at The Legal Aid Society, emphasized that people should not open their doors for ICE unless officers present a judge-signed warrant.
• Removal Orders Don’t Grant Home Entry: Even if an immigration judge has issued a removal order, it does not automatically allow ICE to enter a person’s residence. Judicial warrants are required for such access.
• Ongoing Legal Challenges: Organizations advocating for immigrant rights have already filed a lawsuit against the memo, citing violations of the Fourth Amendment and referencing previous court rulings that restrict ICE from using administrative warrants to enter homes.

What Immigrants Should Do

Experts advise the following if ICE agents come to a home:

1. Ask to see the warrant without opening the door. Request that it be slid under the door or communicated verbally.
2. Do not consent to entry if the warrant is administrative and not signed by a judge. State clearly: “I do not consent to you entering my home.”
3. Exercise the right to remain silent and avoid answering questions or signing documents.
4. If agents attempt to force entry, remain calm and do not physically resist. Record the encounter if safe to do so, and seek legal assistance immediately.

This policy is under legal scrutiny, and its implementation may be blocked or modified depending on the outcome of ongoing court cases.