SAN DIEGO (AP) — Fernando Perez, a Mexican immigrant, recounts how U.S. immigration officials have repeatedly knocked on his door over the past 30 years, yet he has never opened it. There are rules and I know them, he said, referring to advice prevalent in immigrant communities: never let in immigration officers without a judge's warrant.
The Supreme Court has upheld the Fourth Amendment, stating that this constitutional right protects homes from unreasonable search and seizure. Consequently, immigration arrests have predominantly moved to public places, especially following the longstanding practice where officers would stake out residences hoping to catch targets outside.
Yet, a memo from Immigration and Customs Enforcement (ICE) suggests a significant shift, allowing agents to enter homes without a judge's warrant if they possess an administrative warrant and an order for removal. This discovery provokes concern among immigrant rights advocates and legal experts alike, who argue that the memo challenges decades of accepted legal practice.
Perez, illustrating the rising tensions, expresses his frustrations, asserting, if they are going to start coming into my home, where I am paying the rent — they are not paying the rent — that’s the last straw. Traditionally, administrative warrants do not give officers the right to enter private residences without consent; only judicial warrants hold that power.
This change comes amid a broader crackdown on immigration enforcement that has seen an increase in ICE's presence in communities across the United States. The implications of this new approach have sparked outrage among those who fear a return to aggressive policing methods reminiscent of past controversial administrations.
Some believe this directive could escalate tensions between law enforcement and local communities, especially in states with stand-your-ground laws that could provoke dangerous encounters with law enforcement agents.
As this policy unfolds, it remains unclear how broadly ICE intends to implement these new directions or the potential impact on immigrant safety and civil liberties. Democratic leaders are demanding congressional hearings into the matter to scrutinize this drastic shift in policy.
