Prof. Emmanuel Mauleón Interviewed by CNN About Memo Authorizing ICE to Force Entry With Only Administrative Warrant

Professor Emmanuel Mauleón was interviewed by CNN about a newly disclosed memo that authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with Fourth Amendment protections and upends years of advice given to immigrant communities. For years, immigrant advocates, legal aid groups and local governments have urged people not to open their doors to immigration agents unless they are shown a warrant signed by a judge. That guidance is rooted in Supreme Court rulings that generally prohibit law enforcement from entering a home without judicial approval. The ICE directive directly undercuts that advice at a time when arrests are accelerating under the administration’s immigration crackdown. Administrative warrants are signed by ICE officers after an immigration judge orders the removal of an undocumented immigrant. But these immigration judges work for the Department of Justice at the pleasure of the attorney general, and the Trump administration refers to them as “deportation judges.” Prof. Mauleón said, “It would essentially be the same as if you were at the local police department, and the police officer that is both collecting the evidence and arresting you then goes and types up his own warrant to search your house because he thinks he has probable cause. It’s deeply concerning, because there’s absolutely no safeguards and no accountability built into the system.”