The Disagreement over Judicial and Administrative Warrants for ICE

Trump administration's new warrants come back to bite them

In recent months, President Donald Trump's administration has tried to bypass parts of the law to nab those it believes are in the United States illegally. In some cases, they have used "administrative warrants," which are not the same as judicial warrants, which require a judge's sign-off. However, in one recent case, they didn't even try that. That strategy is coming back to bite them as a Trump-appointed federal judge in Indiana demanded that…

DHS Administrative Warrants, ICE Immigration Arrests, and the Fourth Amendment by Cato Institute

Can executive officials authorize themselves to enter a home? Or must they obtain a warrant from a judicial officer?

The Disagreement over Judicial and Administrative Warrants for ICE

One of the sticking points in the standoff between Democrats and Republicans over funding for the Department of Homeland Security has been the Trump administration’s expanded use of administrative warrants to forcibly enter people’s homes to make immigration arrests. Democrats argue the new DHS policy runs afoul of the Constitution and have demanded immigration officers obtain judicial warrants — a higher legal bar that requires a judge’s approv…

ICE's ‘Warrant’ Shortcut Violates the Constitution

Immigration and Customs Enforcement (ICE) is pushing a new home-entry rule, one Americans might have thought they left behind in the old world. A whistleblower recently exposed an internal memo from ICE’s acting director, claiming that once an immigration judge — an employee of the executive branch — signs a final order of removal for someone, ICE agents may use that order (and their own administrative paperwork) to legally enter private homes t…