{"id":52899,"date":"2026-01-21T20:53:00","date_gmt":"2026-01-22T02:53:00","guid":{"rendered":"https:\/\/ustower.net\/?p=52899"},"modified":"2026-01-21T21:56:09","modified_gmt":"2026-01-22T03:56:09","slug":"ices-warrant-policy-could-lead-to-4th-amendment-challenge","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=52899","title":{"rendered":"ICE&#8217;s warrant policy could lead to 4th Amendment challenge"},"content":{"rendered":"\n<p class=\"has-medium-font-size wp-block-paragraph\">Jan. 21 (UPI) &#8212;&nbsp;Immigration and Customs Enforcement officers are trained to enter suspects&#8217; homes when possessing an administrative warrant, whistleblowers say.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Two anonymous whistleblowers have provided evidence to U.S. senators that shows the Department of Homeland Security has altered its policy on administrative warrants to encourage officers to use them to gain access to suspects while they are inside their homes, Whistleblower Aid<a href=\"https:\/\/whistlebloweraid.org\/whistleblower-aid-clients-disclose-hidden-dhs-policy-that-encourages-ice-agents-to-break-into-homes-without-warrants\/\">\u2002announced on Wednesday<\/a>.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">A May 12 memo provided to Sen.&nbsp;<a href=\"https:\/\/www.upi.com\/topic\/Richard_Blumenthal\/\">Richard Blumenthal<\/a>, D-Conn., indicates that federal ICE officers can forcibly enter people&#8217;s homes when they have an administrative warrant, which is not the same as a judicial warrant that has been signed by a judge.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;Every American should be terrified by this secret ICE policy authorizing its agents to kick down your door and storm into your home,&#8221; Blumenthal said.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;It is a legally and morally abhorrent policy that exemplifies the kinds of dangerous, disgraceful abuses America is seeing in real time.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Homeland Security and its various agencies use I-205 forms, which are administrative warrants that ICE officials say enable its officers to force their way into homes if a judge has issued a removal order,<a href=\"https:\/\/www.nbcnews.com\/news\/us-news\/ice-policy-officers-enter-homes-immigration-without-judicial-warrant-rcna255305\">\u2002NBC News<\/a>&nbsp;reported.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Whenever a federal immigration judge, the Board of Immigration Appeals, a U.S. district judge or a federal magistrate judge signs a final order of removal, Homeland Security officials say that enables ICE officers to arrest and detain the named individuals while they are in their respective homes.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">They must knock on a door, announce who they are and state the purpose of their visit before entering a residence.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Officials with Whistleblower Aid said the policy change is an abrupt alteration from a prior Homeland Security policy and could lead to Fourth Amendment challenges.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;This is precisely what the Fourth Amendment was created to prevent,&#8221; said David Klingman, Whistleblower Aid senior vice president and special counsel.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Homeland Security Assistant Secretary Tricia McLaughlin dismissed concerns of a Fourth Amendment violation.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The 1-205 forms are warrants for deportation or removal from the United States after &#8220;full due process and a final order of removal from an immigration judge,&#8221; McLaughlin told NBC News.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">She said officers also have found probable cause when issuing the administrative warrants.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;For decades, the&nbsp;<a href=\"https:\/\/www.upi.com\/topic\/supreme-court\/\">Supreme Court<\/a>&nbsp;and Congress have recognized the propriety of administrative warrants in cases of immigration enforcement,&#8221; she added.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\"><a href=\"https:\/\/www.upi.com\/Top_News\/US\/2026\/01\/21\/ice-administrative-warrants\/7651769047265\/\">upi<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Jan. 21 (UPI) &#8212;&nbsp;Immigration and Customs Enforcement officers are trained to enter suspects&#8217; homes when possessing an administrative warrant, whistleblowers say. Two anonymous whistleblowers have provided evidence to U.S. senators that shows the Department of Homeland Security has altered its policy on administrative warrants to encourage officers to use them to gain access to suspects [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":52900,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[36066,1418,36065],"class_list":["post-52899","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-4th-amendment","tag-ice","tag-warrant-policy"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/52899","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52899"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/52899\/revisions"}],"predecessor-version":[{"id":52901,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/52899\/revisions\/52901"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/52900"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52899"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52899"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52899"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}