Whistleblowers Raise Constitutional Concerns
The directive surfaced through a whistleblower complaint shared with members of Congress. The whistleblowers allege that the policy violates the Fourth Amendment, which has traditionally been interpreted to restrict warrantless searches and seizures inside homes.
The nonprofit group representing the whistleblowers said the memo was not widely circulated within ICE but was reportedly used in officer training. The group warned that the policy could increase the risk of unlawful home entries, including incidents involving U.S. citizens.
Recent reports have described ICE operations in which officers entered residences without judicial warrants, sometimes resulting in mistaken detentions, further intensifying scrutiny of the agency’s practices.
DHS Defends Policy
The Department of Homeland Security defended the directive, stating that individuals targeted under the policy have already received full due process through immigration courts. DHS officials also argued that administrative warrants are supported by probable cause and have long been recognized by Congress and the Supreme Court in the immigration enforcement context.
Still, legal experts expect the policy to face court challenges, particularly as civil liberties groups argue that the Constitution requires judicial oversight before law enforcement can forcibly enter a home.
