According to a memo obtained by the Associated Press (AP), US Immigration and Customs Enforcement (ICE) agents have been instructed that they can forcibly enter homes to arrest undocumented immigrants without a judicial warrant.
However, experts argue that such actions are unconstitutional and will likely face legal challenges.
Previously, enforcement officers were required to obtain a judicial warrant before entering private residences, as doing otherwise would violate the Constitution. But the AP reported that in May last year, ICE issued an internal memo authorizing agents to forcibly enter homes using only an administrative warrant to apprehend undocumented immigrants who have been ordered deported by a judge or immigration court.
The leaked memo, disclosed by two whistleblowers, claims that the Department of Homeland Security has assessed that neither the US Constitution, the Immigration and Nationality Act, nor immigration regulations prohibit the use of administrative warrants to conduct such arrests. The memo also permits agents to use appropriate force if the target refuses to open the door.
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