In a recent opinion essay, former general counsels and acting general counsels of the U.S. Department of Homeland Security examine the constitutional implications of reported guidance authorizing Immigration and Customs Enforcement agents to enter private residences without a judicial warrant. Drawing on their experience serving in both Republican and Democratic administrations, the authors discuss the role of government lawyers, the requirements of the Fourth Amendment, and the distinction between administrative and judicial warrants in the context of immigration enforcement. The piece reflects on long-standing constitutional doctrine and past practice, and considers the broader implications for the rule of law and civil liberties.
The piece was authored by ALI member and Council member Ivan Fong, Stevan Bunnell, Gus Coldebella, Kara Lynum, Jonathan Meyer, and John Mitnick.
Read the full piece on The New York Times website (subscription required).