Federal immigration agents are forcibly entering homes without warrants, according to an internal memorandum from Immigration and Customs Enforcement (ICE). This change in practice authorizes agents to use force to enter a residence based solely on an administrative order for the detention of an individual with a final order of deportation.
Expanded Detentions and Constitutional Concerns
The memorandum details a shift in ICE procedures occurring as the administration expands immigration detentions nationwide. Thousands of agents are being deployed as part of a policy of mass deportation. Advocates for immigrant rights contend this new practice clashes with Fourth Amendment protections against unreasonable search and seizure.
The change may end the practice of immigrants seeking refuge in non-public locations. The internal memorandum does not detail the reasoning behind this decision or potential legal repercussions.
Recent Incident in Minnesota
Just days ago, federal immigration agents forcibly entered the home of a U.S. citizen in Minnesota, reportedly at gunpoint and without a warrant. ChongLy ‘Scott’ Thao told the Associated Press that agents entered his home in St. Paul on January 18th after his daughter-in-law alerted him to their presence.
Thao recounted that masked agents entered the home, pointed weapons at his family, and shouted commands before detaining him. After determining he was a U.S. citizen with no criminal record, agents returned him to his home a few hours later, reportedly without apology for the forceful entry and damage to his door.
This new policy could lead to increased legal challenges and scrutiny of ICE’s actions. It is possible that courts will be asked to determine the constitutionality of these practices.
Frequently Asked Questions
What does the ICE memorandum authorize?
The memorandum authorizes ICE agents to use force to enter a residence based solely on an administrative order to detain someone with a final order of deportation.
What concerns have been raised about this new policy?
Defenders of immigrant rights believe this policy clashes with Fourth Amendment protections and may end the practice of immigrants seeking refuge in non-public locations.
What happened in Minnesota?
Federal immigration agents forcibly entered the home of a U.S. citizen, ChongLy ‘Scott’ Thao, at gunpoint and without a warrant, detaining him before realizing he was a citizen and returning him home hours later.
As ICE expands its enforcement efforts, how might these new policies impact communities and individuals across the country?
