An internal Immigration and Customs Enforcement document in May shows that ICE told officers and agents they can forcibly enter homes of people subject to deportation without warrants signed by judges.
The memo, dated May 12, which reads that it is from ICE Acting Director Todd Lyons, was shared with Sen. Richard Blumenthal, D-Conn., by two whistleblowers.
It says ICE agents are allowed to forcibly enter a person’s home using an administrative warrant if a judge has issued a “final order of removal.” Administrative warrants permit officers and agents to make arrests and are different from judicial warrants, which judges or magistrates sign allowing entry into homes.
Lyons notes in the document that detaining people “in their residences” based solely on administrative warrants is a change from past procedures.
“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 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,” the memo reads.
The memo says agents may “arrest and detain aliens” in their places of residence who are subject to final orders of removal issued by immigration judges, the Board of Immigration Appeals, or U.S. district or magistrate judges.
The memo...
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