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The Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures.
Judicial warrants are court-issued orders signed by a judge that authorize searches, arrests, or seizures and permit entry into private, nonpublic spaces; administrative ICE warrants are agency-issued...
Federal law contains no express statutory authorization that says ICE agents may wear masks or use false names during arrests; instead, masking and certain deceptive tactics rest on agency policy, lon...
Federal law does not create a general obligation for U.S. citizens to carry or show proof of citizenship in public, and ICE (a federal immigration agency) has statutory authority to question, detain o...
ICE agents have statutory authority to make warrantless arrests for immigration violations and, in limited circumstances, for certain criminal offenses—especially when the offense occurs in the office...
ICE administrative (or removal) warrants are internal agency documents signed by immigration officials rather than judges and authorize ICE to arrest a person believed removable, but they do not, by t...
Administrative ICE warrants are agency-issued documents—signed by DHS or ICE officials rather than judges—that authorize immigration officers to detain or remove an individual but, unlike judicial war...
Federal immigration officers may arrest people in public without a judge’s sign‑off, but the Constitution and federal guidance draw a bright line around private homes: absent consent or a recognized e...
ICE builds arrest targets through a mix of records, field intelligence and on-the-ground identification, and then uses a mix of administrative paperwork, public arrests and sometimes deceitful tactics...
ICE does have legal powers to arrest people, and those powers can extend to someone who disobeys an officer’s lawful command if that disobedience amounts to a criminal offense—for example resisting, o...
Yes—federal law gives ICE officers broad authority to make arrests and, under Attorney General–prescribed regulations, to carry firearms while performing immigration-enforcement duties , but that auth...
The constitutional question turns on whether Renee Good was deprived of her Fourth Amendment right against unreasonable seizure and excessive force when an ICE agent fired into her vehicle; the videos...
Customs and Border Protection (CBP) can demand proof of identity and citizenship in specific settings tied to its border and immigration enforcement roles — most clearly at ports of entry and during s...
ICE can lawfully prolong a traffic stop or detain vehicle occupants without a judicial warrant only when federal statutory authority and the Fourth Amendment’s standards are met — most critically, whe...
The Supreme Court has long protected the home against nonconsensual government entry absent a judicial warrant, but it has recognized categorical exceptions—most notably exigent or emergency circumsta...
Under current law and Supreme Court precedent, the government generally may not make a nonconsensual entry into a home without a judicial warrant; narrowly defined exceptions permit warrantless entry ...
Federal and tribal leaders say ICE arrests on or near reservation lands have sparked legal fights and a political uproar, but reporting and legal commentary show the question remains legally unsettled...
ICE distinguishes between "criminal aliens" and "civil immigration violators" largely by whether an individual has been convicted of—or is charged with—criminal offenses that trigger immigration conse...
Courts apply the same Fourth Amendment “objective reasonableness” test to federal immigration agents as to local police, but recent rulings emphasize evaluating the “totality of circumstances,” which ...
Federal and lower courts have repeatedly found that ICE detentions of people who later proved U.S. citizenship can be unlawful and have awarded relief, while also recognizing limits on remedies and on...
When agents seize a phone or laptop, the Fourth Amendment requires a warrant for searches of its contents in most circumstances, but modern devices and services create layered legal limits: courts hav...