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Index/Topics/Warrantless Immigration Powers

Warrantless Immigration Powers

The use of warrantless immigration powers by immigration officers and the constraints imposed by the Fourth Amendment.

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Jan 15, 2026
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How have courts applied the Fourth Amendment to warrantless immigration searches and arrests under 8 U.S.C. § 1357?

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...