Immigration agents in the United States have been given a memo from the director of ICE, telling them they can enter homes without a signed warrant.
Two government employees shared the memo with Whistleblower Aid, in hopes that lawyers can investigate the claims.
The memo, allegedly signed by ICE’s acting director, Todd Lyons, says that officers only need a Form I-205 to enter homes.
The I-205 form is signed by an immigration official and allows the arrest of a person after a ‘final order of removal’ – which is normally issued by an immigration judge, the Washington Post reported.
But whistleblowers have warned that the memo directly violates the Fourth Amendment, which protects people from unreasonable government searches and seizures.
To enter a home normally, law enforcement needs a signed warrant from a local judge to justify it. If the memo’s contents are actually used by ICE agents, it could violate the Constitution.
David Kligerman, senior vice president and special counsel at Whistleblower Aid, told the Post: ‘Every chief executive who’s had the opportunity to enforce their immigration laws has never wanted to come close to this red line.
‘No one wants to degrade this Fourth Amendment right, not in this way.’
ICE agents are leaving no stone unturned as they enter communities and look for ‘illegal’ immigrants.
A chilling photo of a small child in a bright blue bunny hat, Spider-Man backpack strapped to his shoulders, shocked America today as he was detained by immigration agents.
Liam Conejo Ramos, five, was detained after preschool in Columbia Heights, a suburb of Minneapolis, Minnesota.
What are your rights if ICE knocks on your door?
The National Immigrant Justice center has provided guidance and reminded those in the US of their Constitutional Rights if they encounter ICE.
Defend your rights
‘All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers.’
If an officer knocks on your door: Do not open the door. Teach your children not to open the door. Officers must have a warrant signed by a judge to enter your home.
ICE warrants are not signed by judges; they are ICE forms signed by ICE officers, and they do not grant authority to enter a home without consent of the occupant(s).
An emotional Zena Stenvik, the local schools superintendent, was already reeling from the capture of three other students in the last month when she gave a press conference on Wednesday.
The Columbia Heights Public Schools described the bleak episode that led to the ‘kind and loving’ boy’s detention.
Stenvik said Ramos had just arrived home from preschool when he and his father were apprehended in their driveway.
Another adult living in the home ‘begged’ agents to let him care for Liam rather than allow him to fall into the hands of US authorities.
The agent then led the boy to his front door and told him to knock on the door.
The idea was to ‘see if anyone else was home – essentially using a five-year-old as bait’, the superintendent said in a statement.
The data showed that, as of Thursday, ICE was holding roughly 73,000 individuals, with many now facing deportation.
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