ICE memo raises alarm over home entry policy
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Photo illustration: Lindsey Bailey/Axios. Photos: Scott Olson, Chicago Tribune via Getty Images
An internal Immigration and Customs Enforcement memo revealed by AP last week suggests that agents no longer need a judge's warrant to enter a home and that an administrative warrant — issued by the agency — will suffice.
Why it matters: That assertion challenges Fourth Amendment protections against warrantless search and seizure, and leaves Chicagoans, and people across the country, open to more warrantless entries into their private property.
What they're saying: "Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge," Tricia McLaughlin, an assistant DHS secretary tells Axios.
- "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."
The other side: Northwestern law professor Ronald Allen tells Axios that McLaughlin is misleadingly eliding the propriety of using administrative warrants for arrests with the propriety of using them to enter homes, an issue that he says remains "murky" under the Supreme Court.
- "A search is different from an arrest and the court has not dealt with the question of whether [an administrative warrant] allows the entry into the person's home," says Allen, who specializes in constitutional law.
The intrigue: When Axios pointed to the Supreme Court's ruling this month in Case v. Montana, which determined that warrantless entry was allowed only because of reasonable belief that the occupant was "in urgent need of help," DHS stopped responding to questions.
This post further explores the ICE memo, including provisions specifying that final orders of removal must accompany the administrative warrant, and its inapplicability to third party homes.
Resolution reaction
Over the weekend Ald. Andre Vasquez (40th) posted a list of U.S. Representatives — including four Illinois Democrats — who signed a June resolution condemning a "terrorist attack" by an undocumented Egyptian national "in Boulder, Colorado, against marchers peacefully demonstrating in support of the release of hostages held captive by Hamas."
Friction point: The resolution also "expresses gratitude to law enforcement officers, including U.S. Immigration and Customs Enforcement personnel, for protecting the homeland."
- This sentence elicited anger from many commenters — especially in light of recent federal agent killings in Minneapolis.
- The four Democrats included Nikki Budzinski, Brad Schneider, Raja Krishnamoorthi and Eric Sorensen.
What they're saying: The offices of the Illinois representatives told Axios that they signed the resolution as a condemnation of anti-semitism, and pointed to the Democrats' recent legislative actions to understand their feelings about ICE.
- All four voted this month to withhold DHS funding without reform.
- And all four have co-sponsored legislation to impeach DHS Secretary Kristi Noem.
Schneider told Axios, "Last June, a peaceful group was marching for the release of hostages held in Gaza when they were firebombed by a man who wanted to 'kill all Zionists.'... One of the victims, 82-year-old Karen Diamond, ultimately died due to her injuries."
- "I think we can all agree this disgusting, hateful violence must be denounced. That's why I voted for this resolution – to call out antisemitism, to honor the victims, and to thank the officers who came to their aid."
What's next: The DHS funding freeze legislation by Rep. Mike Quigley failed last week in the House.
- But the Senate, which needs Democratic votes to reach the needed 60 to pass a funding package, could see renewed obstacles to DHS funding after Saturday's killing of another person by DHS agents in Minneapolis.
ICE accountability expansion
Former Mayor Lori Lightfoot says her ICE Accountability Project was created for scalability and has reached out to organizations in Minneapolis to possibly expand its services of collecting, vetting and organizing data on potential DHS violations there.