ICE has created a secret policy that permits officers to enter the homes of illegal immigrant targets by force without a judicial warrant, according to a whistleblower revealed by a senior senator Wednesday.
The policy allows U.S. Immigration and Customs Enforcement officers to rely on so-called administrative warrants, which ICE creates without going through a neutral judicial officer. The policy cites an executive order from President Trump as partial authority for the new policy.
“ICE immigration officers should consider all available enforcement mechanisms, including the use of the Form I-205 to arrest an alien in their place of residence, to achieve the requirements of E.O. 14159,” the policy said, according to a whistleblower letter released by Sen. Richard Blumenthal, Connecticut Democrat.
That would be a massive reversal of traditional practice and would challenge the legal conclusions of most experts who say Form I-205, a warrant of removal, does not meet the Fourth Amendment standards for law enforcement to enter a home without permission.
The whistleblower complaint, however, said that lawyers at the Department of Homeland Security, which oversees ICE, have concluded that the Constitution and federal laws “do not prohibit relying on administrative warrants for this purpose.”
Mr. Blumenthal called the revelation “shocking” and the attorneys’ conclusions “faulty.”
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