ICE Says It Doesn't Need A Judicial Warrant

It’s been a long time since we took a night off. I honestly can’t remember the last time. But tonight I’m going to turn in early, after a long day. Before I do that, I wanted to flag one development with ICE for you.

I also want to leave you with some reason for optimism. You may have seen the news that ICE has now surged agents to Maine, predominantly to the cities of Portland and Lewiston, where there are large Somali immigrant communities. This is an echo of the focus on the Somali community in Minnesota.

Tonight, close to 1,000 people joined the mighty Maine ACLU for training on their legal rights and non-violent protest. It was an honor to get to participate in it. When we talk about community building and supporting democracy, this is what it’s all about: people committed to standing up for their rights and for their neighbors’ rights. There is training across the country that you can participate in to better educate yourself about your right to protest peacefully.

Now, the development: The Associated Press is reporting that it has seen a memo ICE is using for internal agent training that asserts “sweeping power to forcibly enter people’s homes without a judge’s warrant.” The Fourth Amendment, which protects people from unreasonable search and seizure, has always been understood to require a warrant signed by a judge, not an administrative warrant signed by a DHS employee to enter a private residence or private areas of a business.

This new policy stance might explain some of the incidents that have been reported in Minnesota, where agents have made forcible entry into homes to remove people and put them into deportation proceedings without a judicial warrant. This sounds like what might have been at work when agents forcibly entered the home of a Hmong man in Minnesota who has been an American citizen for decades, and according to his statement, declined to produce a warrant and claimed he was subject to removal before forcing him out into the freezing cold in his underwear. It turned out that they got it wrong and were forced to release him a few hours later. The AP reported that they witnessed ICE officers ramming through the front door of the home of a Liberian man in Minneapolis on Jan. 11 with only an administrative warrant, wearing heavy tactical gear and with their rifles drawn, which could also be a result of the new policy.

This is a deeply disturbing development and one we’ll be following closely. It is such a departure from established Fourth Amendment rules that it’s perilously close to open disregard for constitutional rights.

That’s all for tonight. I’ll be back tomorrow.

We’re in this together,

Joyce

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