Index/Topics/Fourth Amendment

Fourth Amendment

The application and interpretation of the Fourth Amendment in the context of administrative immigration warrants and civil immigration arrests.

Fact-Checks

107 results
Jan 16, 2026
Most Viewed

Can ICE demand ID from U.S. citizens or only noncitizens on public property?

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...

Jan 28, 2026
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Does ice enforcement need a warrant to arrest illegal

gives broad authority to arrest noncitizens without a traditional judge‑issued criminal warrant in many circumstances, and the agency routinely uses internal administrative warrants (Forms I-200 and I...

Jan 16, 2026
Most Viewed

What federal laws or court rulings permit ICE agents to wear masks or use aliases during arrests?

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...

Jan 14, 2026

How do judicial warrants differ from administrative ICE warrants and how can a layperson identify each?

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...

Jan 23, 2026

What has the Supreme Court said historically about administrative warrants and why has it declined to decide a definitive rule for ICE?

has long treated administrative warrants as a limited exception to the in regulatory contexts, but it has repeatedly avoided a clear, controlling ruling on whether administrative arrest warrants satis...

Jan 26, 2026

Is it legal for ice to enter a home without a warrant

The short answer: absent a valid exception, ’s jurisprudence has long required a judicially issued warrant to physically enter a private home to make an arrest, and an internal memo asserting that adm...

Jan 13, 2026

are ice agents allowed to arrest people or order them out of vehicles without warrants for things other than immigration?

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...

Jan 11, 2026

How do ICE administrative warrants differ from judicial warrants, and what court rulings have limited their use?

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...

Jan 22, 2026

How have federal circuits ruled on the validity of ICE administrative warrants for home or workplace entry?

Federal appellate precedent is fractured: a trio of 1980s appellate decisions extended administrative-warrant doctrine to immigration enforcement in some contexts, while more recent district and circu...

Jan 12, 2026

how do ice agents know who to arrest

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...

Jan 16, 2026

In what circumstances can cbp demand proof of citizenship?

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...

Jan 14, 2026

How do administrative ICE warrants differ from judicial warrants and what do they allow agents to do?

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...

Jan 7, 2026

Can ICE agents arrest and carry firearms in all jurisdictions?

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...

Jan 27, 2026

How do ICE detainers work and why do some local jails refuse them?

detainers are administrative requests—commonly Form I‑247—that ask local jails to notify ICE of an inmate’s release and/or hold the person up to 48 extra hours so ICE can assume custody . Many localit...

Jan 15, 2026

What legal authority allows ICE to enter a private home and when is a judicial warrant required?

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...

Jan 14, 2026

Is the ICE shooting of Renee Good against her constitutional rights?

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...

Jan 11, 2026

Does ice have the authority to arrest people for disobeying a command

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...

Jan 27, 2026

What statutory authorities beyond 8 U.S.C. §1357(a)(3) allow CBP to operate inside the U.S. interior?

’s authority to operate beyond the immediate border is not limited to the single clause 8 U.S.C. §1357(a); draws on a constellation of statutory authorities in Title 8 (the INA) and Title 19 () that p...

Jan 17, 2026

What are the legal requirements for ICE to conduct warrantless entries?

Federal law gives ICE statutory authority to arrest people without a judicial warrant in many circumstances, but the Fourth Amendment and court rulings limit when agents may enter private homes or non...

Jan 30, 2026

What federal rules or statutes specifically prohibit law enforcement impersonation by ICE and how have courts ruled on those claims?

Federal law as represented in the sources does not point to a single, clear statutory bar narrowly labeled “ impersonation,” and courts have focused more on constitutional limits—principally the —than...