From Newsgroup: alt.law-enforcement
A May 2025 internal Immigration and Customs Enforcement document shows
that the agency told officers and agents they can forcibly enter homes
of people subject to deportation without a warrant signed by a judge.
The memo, dated May 12 and which reads that it is from ICE Acting
Director Todd Lyons, was shared with U.S. Sen. Richard Blumenthal,
D-Conn., by two whistleblowers.
It says that ICE agents are allowed to forcibly enter the home of a
person using an administrative warrant if a judge has issued a rCLfinal
order of removal.rCY Administrative warrants permit officers and agents to
make arrests and are different from judicial warrants, which a judge or magistrate signs allowing entry into a home.
Lyons notes in the document that detaining people rCLin their residencesrCY based solely on administrative warrants is a change from past
procedures.
rCLAlthough the U.S. Department of Homeland Security (DHS) has not
historically relied on administrative warrants alone to arrest aliens
subject to final orders of removal in their place of residence, the DHS
Office of General Counsel has recently determined that the U.S.
Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose,rCY the memo reads.
The memo says that agents may rCLarrest and detain aliensrCY in their place
of residence who are subject to a final order of removal issued by an immigration judge, the Board of Immigration Appeals, or a U.S. district
or magistrate judge.
The memo says under general guidelines that officers and agents using a
method called Form I-205 must rCLknock and announcerCY and that rCLin announcing, officers and agents must state their identity and purpose.rCY
Tricia McLaughlin, assistant secretary of the Department of Homeland
Security, said in a statement that immigrants in the country illegally
who are served administrative warrants or I-205rCOs, which are removal or deportation warrants, rCLhave had full due process and a final order of
removal from an immigration judge.rCY
rCLThe officers issuing these administrative warrants also have found
probable cause,rCY McLaughlin said. rCLFor decades, the Supreme Court and Congress have recognized the propriety of administrative warrants in
cases of immigration enforcement.rCY
The group Whistleblower Aid, which is representing the whistleblowers
who shared the memo with Congress, said, rCLThis rCypolicyrCO flies in the
face of longstanding federal law enforcement training material and
policies, all rooted in constitutional assessments.rCY
rCLIn other words: the Form I-205 does not authorize ICE agents to enter a home,rCY the group said in a statement. rCLTraining new recruits, many of
whom have zero prior law enforcement training or experience, to
seemingly disregard the Fourth Amendment, should be of grave concern to everyone."
Blumenthal said in a statement that the memo was rCLallegedly not widely distributedrCY despite being labeled rCLall-hands.rCY A copy of the memo
shared with Congress is addressed to rCLAll ICE Personnel.rCY
rCLInstead, the disclosure claims that the memo was rolled out in a
secretive manner in which some agents were verbally briefed while others
were allowed to view it but not keep a copy,rCY Blumenthal said. rCLIt was reportedly clear that anyone who openly spoke out against this new
directive would be fired.rCY
The memo is dated less than five months into the second term of
President Donald Trump, who campaigned on mass deportations.
Immigration crackdowns by the Trump administration against several
Democrat-run cities have sparked protests and unrest, most recently in Minneapolis after an ICE agent fatally shot a U.S. citizen, Renee Good,
on Jan. 7.
Blumenthal in a statement said that the newly revealed ICE policy should terrify Americans.
rCLIt is a legally and morally abhorrent policy that exemplifies the kinds
of dangerous, disgraceful abuses America is seeing in real time,rCY
Blumenthal said. rCLIn our democracy, with vanishingly rare exceptions,
the government is barred from breaking into your home without a judge
giving a green light.rCY
The ICE memo says that Form I-205 is not a search warrant and rCLshould
only be used to enter the residence of the subject alien to conduct an immigration arrest.rCY
Under the Trump administration, roughly 220,000 people have been
arrested by ICE officers in the nine months Jan. 20 to Oct. 15,
according to data shared by a project in December.
Around 75,000 of those have been people with no criminal records,
according to the data.
The figures were shared by the University of California, BerkeleyrCOs Deportation Data Project, which obtained them through a lawsuit brought
against Immigration and Customs Enforcement.
https://www.nbcboston.com/news/national-international/ice-officers-enter- homes-without-warrant-memo/3881612/
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