Federal Judge Rules ICE Raids Must Have Warrants, Contradicting Secret Memo.
A federal judge in Minnesota has ruled that Immigration and Customs Enforcement (ICE) raids must have judicial warrants to enter homes without consent, contradicting a previously undisclosed internal memo by the agency.
The ruling was issued by US District Court judge Jeffrey Bryan on January 17 as part of a petition for a writ of habeas corpus. The ruling does not assess the legality of ICE's internal guidance itself but squarely holds that federal agents violated the Fourth Amendment when they entered Gibson’s home without consent and without a judicial warrant.
The memo, which was circulated internally and briefed verbally to officers by Whistleblower Aid, instructs ICE officers that a signed I-205 is sufficient authority to enter a person's home to carry out an arrest, even without the resident's consent. The guidance has drawn alarm from civil liberties advocates who argue it conflicts with long-standing Fourth Amendment limits on warrantless home entry.
Orin Kerr, widely regarded as the nation's preeminent Fourth Amendment scholar and author of leading law review articles on search-and-seizure doctrine, warned that allowing executive-issued warrants to justify home entry would undermine the judicial check the Fourth Amendment is meant to impose.
A federal judge in Minnesota has ruled that Immigration and Customs Enforcement (ICE) raids must have judicial warrants to enter homes without consent, contradicting a previously undisclosed internal memo by the agency.
The ruling was issued by US District Court judge Jeffrey Bryan on January 17 as part of a petition for a writ of habeas corpus. The ruling does not assess the legality of ICE's internal guidance itself but squarely holds that federal agents violated the Fourth Amendment when they entered Gibson’s home without consent and without a judicial warrant.
The memo, which was circulated internally and briefed verbally to officers by Whistleblower Aid, instructs ICE officers that a signed I-205 is sufficient authority to enter a person's home to carry out an arrest, even without the resident's consent. The guidance has drawn alarm from civil liberties advocates who argue it conflicts with long-standing Fourth Amendment limits on warrantless home entry.
Orin Kerr, widely regarded as the nation's preeminent Fourth Amendment scholar and author of leading law review articles on search-and-seizure doctrine, warned that allowing executive-issued warrants to justify home entry would undermine the judicial check the Fourth Amendment is meant to impose.
. I mean, what if they were looking for a package or something? It's all about respecting people's space, you know? This memo thingy just sounds like a major loophole waiting to happen 
. Like, what's the point of even having a warrant if it's not going to be taken seriously? And I'm not saying judges are always right, but this guy Jeffrey Bryan seems pretty on point in my opinion 
. I mean, can you imagine someone showing up at your doorstep and being like "I have a warrant" just to intimidate you into opening the door? No thanks 
.
I'm glad someone's finally standing up for the rights of regular people who aren't trying to hide anything. We need more whistleblowers like this who are willing to take on the system.
and we were chasing after a cheeseburger that had somehow fallen from a plane... yeah, it sounds wild but trust me it was super vivid 
. Anyway, back to this news story - what's the deal with these internal memos anyway? Can't the government just follow the rules like everyone else? 
I mean, I get that there are some complexities to immigration laws and all that, but can't they just make it up as they go along without drawing attention from judges and civil liberties groups? 
. I mean, who needs a warrant to bust into some dude's house? It's all about trusting our boys in blue 
. But for real though, this whistle blower's got some info that's giving me some pause... like what's up with this signed I-205 thingy? Shouldn't it be more than just a piece of paper? 
It's like something out of a movie, but unfortunately it's real life for some people. The whole idea that a signed form is enough to justify entering someone's home is just crazy talk! 
.
. So it means that ICE can just show up at someone's house without asking permission first? That doesn't sound right to me. Like, what if you're in your own home and they just barge in thinking a warrant is good enough? That would be super scary! 
The Fourth Amendment is supposed to protect us from people doing random stuff without our consent. This just seems like a big loophole waiting to happen... 
anyway gotta give props 2 that judge tho he's standin up 4 those rights even if it means goin against ICE's "guidance" 
. I mean, I get where the concern is with delays and bureaucratic hoops, but this? It's just not right. Think about it, if a random person can just walk in and start arresting people without any oversight or due process... it's a total recipe for disaster 
. The fact that some expert even warned us this could happen shows me how serious the problem is 
. And what's up with the I-205? Sounds like some made-up thing to me 
. Glad the judge stepped in on this one 
.
. If someone is willing to speak out against internal guidance that they know is wrong, that takes courage and integrity.
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hope it doesn't just be another case of them finding a way to work around it though