Noah Feldman, Columnist

ICE’s Actions Are Gutting the Fourth Amendment

No warrant, no problem. 

Photographer: Christopher Dilts/Bloomberg

It’s official: ICE is trying to destroy the Fourth Amendment to the Constitution, the one that protects us against unreasonable searches and seizures in our homes and guarantees that “no warrants shall issue, but upon probable cause.”

According to an internal memo that was leaked to the media, Immigration and Customs Enforcement claims that its agents can break down your door and enter your home without a judicial warrant, based solely on an agent’s belief that an undocumented person lives there. This violates the most essential protection of the Fourth Amendment: The government can’t force its way into your home unless an independent judge says there is probable cause of a crime.