The Fourth Amendment is an essential safeguard of Americans’ privacy and personal liberty. Its protections must not be eroded. But they also must not be misappropriated by those seeking to subvert legitimate law enforcement. The left has done that for decades, particularly in the area of immigration enforcement.
Multiple media outlets report that Immigration and Customs Enforcement officers have been using so-called administrative warrants in Minnesota to arrest illegal aliens with final orders of removal in their homes. The Department of Homeland Security welcomes the opportunity to explain this reasonable and lawful approach to the American people and federal courts.
The Fourth Amendment protects against unreasonable searches and seizures. It also provides that where a warrant is required, it must be supported by probable cause and specifically describe the places to be searched and the persons or things to be seized. Most Americans are familiar with this process. If a police officer witnesses a crime, the criminal generally may be arrested without a warrant. But if the police come to a home to make an arrest, police generally must obtain a judicial warrant before entering without permission.