(TNND) — Immigration and Customs Enforcement (ICE) reportedly told agents in an internal memo that they could forcibly enter the homes of people without a judicial warrant if they are subject to deportation.
The memo from ICE Acting Director Todd Lyons, dated May 12, was shared with a whistleblower group by two government officials.
“Although 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 the 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," Lyons wrote in the memo disclosed by Whistleblower Aid.
Administrative warrants are issued by agencies such as ICE or the Department of Homeland Security (DHS) and authorize civil immigration enforcement but do not permit entry into private spaces without consent. Judicial warrants are issued by a federal judge and, when supported by probable cause, may authorize entry into specified private spaces.
Whistleblower Aid detailed in its release that Lyons authorized ICE agents to rely on Form I-2025 (which is not a judicial warrant) to enter the residence of an alien subject to a final order of deportation, without consent, including by "a necessary and reasonable amount of force."
The whistleblower group added that the memo...
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