Immigration and Customs Enforcement (ICE) agents are being authorized to forcibly enter homes without a warrant, according to an ICE memo obtained by the Associated Press, pushing the boundaries of government searches and civil rights as protests against President Donald Trump’s use of federal immigration agents continue in cities across the United States.
Key data
The memo authorizes federal immigration officials to forcibly enter residences based on a “limited administrative order,” the Associated Press reported, highlighting advocates’ view that this approach “collides with Fourth Amendment protections and upends years of guidance given to immigrant communities.”
The memo has not been widely shared within ICE, but it has been used to train new agents, directing hires and agents in training to follow the memo rather than written training materials that contradict it, according to a whistleblower complaint cited by the Associated Press.
The Associated Press noted that it is still unclear how widely the memo has been applied in ICE operations.
Amid increased ICE operations and protests in Minnesota, multiple reports have detailed how federal agents have forcibly entered the homes of American citizens.
Continue reading: They report that ICE broke into a house in Minnesota and dragged a barely dressed man into the snow
Forbes has contacted ICE for comment.
What is the Fourth Amendment?
The Fourth Amendment protects people from unreasonable searches and seizures by requiring warrants based on good cause to search a home, person, documents, or belongings. Exceptions that allow warrantless searches include emergencies such as imminent danger or pursuits, an individual’s consent, and objects in plain view.
What to watch
Protests in Minnesota have persisted for weeks as protesters and ICE agents clash. The Pentagon indicated this week that it is keeping up to 1,500 active troops on standby in case President Donald Trump decides a deployment is necessary. The president has considered using the Minnesota Insurrection Act to authorize himself to deploy troops, telling reporters last week that “there is no reason at this time to use it.”
Key background
The protests in Minnesota were sparked by the fatal shooting of Renee Good, a mother of three, by an ICE agent earlier this month. Local and state officials have strongly objected to the Trump administration’s characterization that Good was trying to run over the ICE agent, noting that a video of the incident showed Good walking away from the agent before being shot at least three times. Minnesota is one of several states embroiled in controversy over Trump’s frequent use of federal agents and the National Guard to conduct immigration operations, act as a crime deterrent and respond to protests.
The president has deployed or attempted to deploy the National Guard to cities in Democratic states, including Los Angeles, Portland, Oregon, and Chicago, and has also deployed them to New Orleans and Memphis, Tennessee, Democratic cities within Republican-governed states.
Additional information
An appeals court blocked a ruling by a federal judge seeking to block ICE agents in Minneapolis from using pepper spray on peaceful protesters and arresting them, marking a victory for the Trump administration Wednesday as it considers deploying active duty troops to respond to anti-ICE protests in Minnesota spurred by the fatal shooting of Good.
The 8th Circuit Court of Appeals, supporting the Trump administration’s argument that the ruling against ICE agents’ tactics hampered their ability to protect themselves, issued an administrative stay against last week’s order, meaning agents can conduct their usual tactics without restrictions, at least temporarily while the case is resolved.
Also read: Trump threatens to use the military over anti-ICE protests in Minnesota
Katherine Menendez, the federal judge who ruled in favor of the protesters, said last week that ICE agents could not arrest people “engaged in peaceful and non-obstructive protest activities” or use crowd dispersal tools such as pepper spray or tear gas against them.
“We will file our opposition to the government’s stay request shortly and will also ask that the court rule quickly so that protesters and observers can immediately return to the protection of the district court’s order,” attorney Kyle Wislocky, who works with the American Civil Liberties Union (ACLU), told Forbes in an email. “We look forward to submitting our response this week.”
This article was originally published on Forbes US
