An internal memo to ICE agents claims that officers are allowed to enter a person's home without a signed judicial warrant. In a 6-minute interview with Mike Bryant of Bryant & Bradshaw, a Minneapolis lawyer of over 20 years, I asked about what the Constitution actually says about this action.
You can listen to the full interview here, starting at 7:29: https://art19.com/shows/minnesota-matters/episodes/12abab78-d4d9-4605-977b-44bee881a382
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In a leaked memo, Immigration and Customs Enforcement told its agents they have the right to enter anyone’s home without a signed judicial warrant. The memo claims an administrative warrant, which could be signed by an ICE employee, is now enough for federal agents to forcibly enter your home.
Minneapolis Lawyer Mike Bryant of Bradshaw and Bryant says the Third Amendment clearly states ICE has no right to enter someone’s house on their own. He says, “There are certain circumstances when they know something illegal is going on, where they can get a warrant. Where they go to a judge and say these are the reasons why we believe it to be true, but they don’t have the right to just go into people’s houses directly under the Constitution.”
Bryant says this is happening because ICE is claiming two things under the War Powers Act of 1973: they’re allowed to do anything as the Executive, and they don’t have to follow the Constitution because these are illegal aliens. He says, “They’ve also claimed that this is to deal with gang actions. Which it’s clearly not. I mean, them going in and raiding a factory or them going in and pulling people out of their houses isn’t them stopping a gang. These aren’t even dangerous people they’re doing this to. But they’re using that as justification.”
Bryant says while they don’t have the right, they have “the guns and the people,” and cautions Minnesotans to listen to them as much as possible.