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ICE Arrests and Fourth Amendment

The constraints of the Fourth Amendment on federal immigration arrests by ICE, including the requirement for judicial warrants to enter private homes or non-public areas of businesses.

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Jan 16, 2026

What legal limitations exist on ICE entering private homes to make arrests?

Federal immigration arrests are constrained by the Fourth Amendment: ICE generally may not force its way into private homes or the non‑public areas of businesses without a judicial (criminal) warrant,...