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The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities.
For years, immigrant advocates, legal aid groups and local governments have urged people not to open their doors to immigration agents unless they are shown a warrant signed by a judge. That guidance is rooted in Supreme Court rulings that generally prohibit law enforcement from entering a home without judicial approval. The ICE directive directly undercuts that advice at a time when arrests are accelerating under the administration’s immigration crackdown.
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Homeland Security spokeswoman Tricia McLaughlin said in an e-mailed statement to the AP that everyone the department serves with an administrative warrant has already had “full due process and a final order of removal.” She said the officers issuing those warrants have also found probable cause for the person’s arrest. She said the Supreme Court and Congress have “recognized the propriety of administrative warrants in cases of immigration enforcement,” without elaborating. McLaughlin did not respond to questions about whether ICE officers entered a person’s home since the memo was issued, relying solely on an administrative warrant and if so, how often.
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