ICE’s New Home Entry Policy Raises Legal Red Flags

UNDATED (WJON News) -- 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.

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With this, local Lawyer Mike Bryant of Bradshaw and Bryant says ICE is claiming two things under the War Powers Act of 1973: they’re allowed to do anything as the Executive Power, and they don’t have to follow the Constitution because these are illegal aliens.

“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 the Third Amendment clearly states ICE has no right to enter someone’s house on their own.

“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 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.

Bryant says he believes this will be brought up in federal court in Minneapolis on Friday, where ICE Acting Director Todd Lyons has been summoned by a judge to explain why he shouldn’t be held in contempt of court for several violations.