In the United States, government claims authority to enter houses without judicial warrant in violation of constitution

By Rebecca Santana, 27 January 2026
Flag of the United States (photo credit: Tumisu via pixabay)
Flag of the United States (photo credit: Tumisu via pixabay)
Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches. The memo authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities. [ . . . ] All law enforcement operations — including those conducted by ICE and Customs and Border Protection — are governed by the Fourth Amendment of the Constitution, which protects all people in the country from unreasonable searches and seizures. [ . . . ] Lindsay Nash, a law professor at Yeshiva University’s Cardozo School of Law in New York, said the memo “flies in the face” of what the Fourth Amendment protects against and what ICE itself has historically said are its authorities. She said there’s an “enormous potential for overreach, for mistakes and we’ve seen that those can happen with very, very serious consequences.”
Read the full article here: Associated Press