WASHINGTON (AP) — Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without
a judge’s warrant, according to an internal
Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches.
The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.
For years, immigrant advocates, legal aid groups and local governments have urged people not to open their doors to immigration agents unless they are shown a warrant signed by a judge. That guidance is rooted in Supreme Court rulings that generally prohibit law enforcement from entering a home without judicial approval. The ICE directive directly undercuts that advice at a time when arrests are accelerating under the administration’s immigration crackdown.
The memo itself has not been widely shared within the agency, according to a whistleblower complaint, but its contents have been
used to train new ICE officers who are being deployed into cities and towns to implement the president’s immigration crackdown. New ICE hires and those still in training are being told to follow the memo’s guidance instead of written training materials that actually contradict the memo, according to the whistleblower disclosure.
The Associated Press obtained the memo and whistleblower complaint from an official in Congress, who shared it on condition of anonymity to discuss sensitive documents. The AP verified the authenticity of the accounts in the complaint.
The memo is addressed to all ICE personnel. But 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, Whistleblower Aid wrote in the disclosure.
One of the two whistleblowers was 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 document and lawfully disclose to Congress, Whistleblower Aid said.
Although the memo was issued in May, David Kligerman, senior vice president and special counsel at Whistleblower Aid, said it took time for its clients to find a “safe and legal path to disclose it to lawmakers and the American people.”
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