ICE agents mock constitutional rights as a leaked memo gives them free rein to invade homes without a warrant

ICE agents have allegedly been told through a secret memo that they have the authority to enter homes without the need for a judicial warrant, according to a whistleblower group.

The memo, which was reportedly issued back in May, authorizes agents to enter the homes of those they suspect to be in the U.S. illegally with an administrative warrant according to ABC News. Unlike a judicial warrant, an administrative warrant is not issued by a judge, but rather the DHS, and in a majority of cases the warrant is authored by ICE agents themselves.

The whistleblower group shared a copy of the memo which was sent out to agents on May 12th. The document states that administrative warrants for raiding homes of potential illegal immigrants is technically not prohibited.

“Although the U.S. Department of Homeland Security has not historically relied on administrative warrants alone… the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose.”

ICE Whistleblowers disagree with the memo

The group known as Whistleblower Aid is apparently representing two whistleblowers who came forward about the memo and stated their belief that the orders went against the fourth amendment and the DHS’ own policies. The memo has since been shared to congress by the group with a complaint that explains “Only a warrant issued by a ‘neutral and detached magistrate’” should be used to allow ICE agents access to nonpublic spaces.

The group expressed concern that ICE instructors for new recruits are being instructed to teach that agents have the authority to arrest suspects in their own homes “without consent to enter the residence and without judicial warrant.”

It sounds unbelievable, but we’ve already seen this play out in the U.S. in multiple cases. Last year ICE agents were recorded demanding entry to an individual’s home without a warrant. When questioned about a warrant they told the person that they didn’t need one.

This memo undermines the basic rights that people are given by the constitution. It’s irresponsible and reckless to tell agents they have the authority to ignore these laws, especially when we’ve seen how little training these ICE recruits are given. How can so much power be given to individuals who are so irresponsible? 

The DHS responds

DHS Assistant Secretary for Public Affairs Tricia McLaughlin responded to the news in a statement in which she claimed that all “illegal aliens” that were served administrative warrants had full due process and a “final order of removal from an immigration judge.” She also claimed that officers issuing the warrants have found probable cause, although we all know by now not to trust an ICE agent’s instincts.

There are now calls for an investigation into the matter with Democrat Senator Richard Blumental stating Americans should be “terrified by this secret ICE policy.”