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With the Trump administration significantly increasing the immigration arrests across the US, Federal immigration officers are executing sweeping power to forcibly enter citizens’ homes without a Judge’s warrant.
According to a memo possessed by The Associated Press, the move underscores a significant reversal of longstanding norm of respecting constitutional limits on government searches. The memo gives the authority to ICE officers to forcibly enter a residence based solely on a more narrow administrative warrant to arrest a particular citizen with a final order of removal.
The advocates say this move collides with the Fourth Amendment protections and also reverses the years of suggestions given to immigrant communities.
Immigrant advocates and local government advised people not to allow immigrant agents into their houses unless they are shown a warrant signed by a Judge. The advice is based on Supreme Court rulings that prohibit law enforcement officers from entering a home without a judicial approval.
The recent ICE directive nullifies this advice when arrests are increasing under Trump’s administration. The changed enforcement tactics are visible in cities like Minneapolis.
According to a whistleblower complaint, the memo has not been widely shared within the ICE but the officers are getting trained according to the directions in the memo and are being deployed in cities and towns to implement Trump’s immigration crackdown.
According to a report in The Associated Press, ICE officers, on January 11, were seen ramming through the front door of a home of a Liberian man in Minneapolis, carrying a deportation order from 2023 and an administrative warrant, with heavy tactical gear and their rifles drawn. They then arrested the man.
This means there was no judge who authorized the raid on the private property. The shift in the ICE officers’ functioning is certain to face legal challenges and also stiff criticism from the advocacy group and immigrant-friendly state and local governments. The memo does not mention how the decision was made to arrest and remove a particular person from the immigrant community nor the possible legal repercussions.
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