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The Fourth Amendment protects against unreasonable searches and seizures, requiring individualized probable cause for arrests and detentions.
ICE’s statutory authority is focused on enforcing federal immigration law: the agency can question, briefly detain with reasonable suspicion, arrest noncitizens it believes are in the country unlawful...
Kristi Noem told reporters that Americans should be prepared to prove their citizenship during Immigration and Customs Enforcement operations, a comment that has prompted immediate legal and political...
ICE builds arrest and detention decisions from a mix of records, field investigations and legal authorities: fingerprint and database matches, administrative warrants and detainers, referrals from loc...
U.S. courts have repeatedly constrained ICE’s authority to enter homes and make interior arrests without a judicial warrant, holding that warrantless home entries violate the Fourth Amendment absent r...
A plurality of U.S. states have some form of “stop-and-identify” statute that allows police who have reasonable, articulable suspicion of criminal activity to require a stopped person to identify them...
Federal law does not create a single, bright‑line ban on Immigration and Customs Enforcement (ICE) using drones over neighborhoods, but a patchwork of constraints—airspace safety rules enforced by the...
Federal immigration officers generally cannot force entry into the nonpublic areas of a private home in Minnesota without a judicially issued warrant; ICE’s so‑called “administrative” or agency-issued...
ICE’s authority to demand identification has historically operated within a shifting legal and political framework, and recent reporting shows courts and advocacy groups now say ICE may use race, lang...
Administrative ICE warrants are internal immigration documents signed by ICE or DHS officials that authorize immigration officers to arrest or effect a removal order but are not reviewed or signed by ...
The authority for ICE officers to arrest under 8 U.S.C. §§ 1226 and 1357 is bounded by statutory categories, regulatory designations, and required training and certification: officers must be designat...
Yes — federal law and ICE policy allow agents to detain people who obstruct or interfere with immigration enforcement, and those detentions can be criminal arrests when the conduct amounts to a federa...
The statutory backbone for ICE’s power to arrest and detain noncitizens is found primarily in the Immigration and Nationality Act and its implementing statutes—most notably 8 U.S.C. §§ 1226 and 1357—w...
Courts have treated 8 U.S.C. § 1357’s grant of warrantless immigration powers as constrained by the Fourth Amendment’s reasonableness inquiry, construing the statute’s “reason to believe” or “reasonab...
A simple request that someone produce proof of U.S. citizenship is not, on its face, declared unconstitutional across the board in the sources provided; the legality depends on who is asking, under wh...
ICE’s public guidance says its officers may arrest people without judicial warrants and conduct street arrests, “at‑large” operations, and worksite or neighborhood enforcement—tactics that can involve...
Legal protections against ICE ruses rest primarily on the Fourth Amendment’s ban on unreasonable searches and seizures and on a growing body of civil litigation and consent-of-the-court settlements th...
The legal landscape that governs ICE entries into homes and enforcement at "sensitive locations" is shaped more by statutes, agency policy memos, and administrative practice than by a single controlli...
State legislatures justify limiting local cooperation with ICE in schools and places of worship by invoking core constitutional protections—principally the Fourth Amendment’s guard against unreasonabl...
Federal courts have repeatedly held that ICE’s authority to arrest for civil immigration violations is broad but constrained by the Constitution: immigration arrests are subject to the Fourth Amendmen...
ICE has not been categorically forbidden from making arrests at schools since a January 2025 Department of Homeland Security policy change removed prior protections for "sensitive locations," meaning ...