DHS responds to internal ICE memo, authorizing agents to enter homes without judicial warrants
A newly obtained memo suggests immigration agents have been entering people's homes without a warrant and empowers them to do so.
For years, advocates have advised people that they were safe in their homes, and said this is a violation of their rights.
The internal ICE memo authorizes federal agents to forcibly enter homes with an administrative warrant instead of a warrant from a judge. The memo was presented to Congress by whistleblowers who said this directive goes against not only the law but standard training.
ICE agents smashed their way into a Minnesota home on Sunday, allegedly searching for two convicted undocumented sex offenders. Instead, detaining a U.S. citizen dressed in just a blanket and boxers.
"They didn't ask for my id or anything until after they handcuffed me..." said St. Paul resident Chongly Thao.
Homeland Security later said Thao refused to show any id and was later released when his identity was verified. Searches like these historically required a judge's approval, but not anymore, according to an internal ICE memo from last May disclosed by two us government whistleblowers, permitting agents to use force to enter the homes of immigrants with final deportation orders.
"You get an ability to kick down the wrong door and say, sorry, right? i mean, where's the accountability?" said David Kligerman.
Kligerman is Vice President and an attorney for whistlebloweraid.org — the nonprofit representing the whistleblowers who said the directive was not widely circulated but was used to train new ICE officers.
"It was kept very close, so maybe someone would get to see it, but they wouldn't get to keep a copy. maybe someone else would see a copy and then would share with a third party," he said.
A spokesperson for the Department of Homeland Security said in a statement, in part:
"The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement."
For years, immigrant advocates, legal aid groups, and local governments, including Chicago and the state, have urged people not to open their doors to immigration agents unless they are shown a warrant signed by a judge. The 4th Amendment has long been interpreted to prevent searches without a judicial warrant, including immigration cases.
Legal challenges are expected.