Washington, D.C. — Today, Protect Democracy, the ACLU, the ACLU of Minnesota, the ACLU of D.C., and Dorsey & Whitney filed suit against DHS, ICE, and the Federal Law Enforcement Training Center on behalf of immigrants and U.S. citizens who have been impacted by DHS’s warrantless home entry policy.
The complaint alleges that ICE’s secret internal memo titled “Utilizing Form I-205, Warrant of Removal,” (the “Home Entry Memo”) violates the Fourth Amendment and longstanding DHS policy. The memo, secretly issued in May, establishes a policy authorizing ICE agents to forcibly enter and search homes with an administrative form instead of a judicial warrant. The administrative form, Form I-205, is drafted, signed, and issued by a DHS official, not a judge.
Recognizing that the policy is flagrantly unconstitutional, the complaint alleges that DHS strictly controlled access to the memo, telling individuals to review the document in the presence of a supervisor and not to take notes on its contents. DHS’ internal memo became public in late January only after it was reportedly leaked by whistleblowers, who revealed that the memo was being used to train new ICE agents.
“Masked and heavily armed ICE agents used a battering ram to illegally break into my home, point guns at my family, arrest my husband, and put all of our lives in danger, including my nine-year-old daughter,” said lead plaintiff Teyana Gibson Brown. “I am bringing this case with my husband because our family now feels unsafe in our home due to the government’s illegal policy. No person or family in the United States should have to go through what we have.”
This lawsuit was filed on behalf of six individuals who have been the targets of forced home entries without a judicial warrant and reasonably fear that they will be targeted again.
“As a U.S. citizen I have always been taught that I have basic constitutional rights. Despite this, ICE broke into my home without a warrant and pointed guns at me and my family before detaining my family members,“ said plaintiff Jeyli Salguero. “The months of anxiety and turmoil I have experienced since that day have been agonizing and I don’t want to see this happen to other families.”
The Plaintiffs are seeking to vacate and set aside the policy under the Administrative Procedures Act and a declaration that the policy is unconstitutional under the Fourth Amendment. Read more about the plaintiffs and their stories here.
“This is yet another example of the executive branch trampling our most basic constitutional rights,” said Kristy Parker, Special Counsel at Protect Democracy. “This scenario— armed government officials rummaging through people’s homes at will without the approval of a judge— is exactly why the Fourth Amendment was created and one of the motivations for the American Revolution. The Trump administration’s forced home entry policy is another king-like power grab that is being used to target both immigrants and U.S. citizens, which is why we are asking a court to set aside the policy and declare it unconstitutional.”
"The lawsuit we filed today is not an immigration case. This is a case about the right of all people in the United States, including U.S. citizens, to privacy and security in their own home,” said Ben Casper, ACLU-MN staff attorney. “Federal leaders tried to keep their policy that allows agents to enter homes without a warrant hidden from the public. They know that sending masked, federal agents armed with military rifles — but not a judicial warrant — to invade homes is a violation of both the Fourth Amendment and their oath to uphold the Constitution."
"The Fourth Amendment is clear: a warrant only lets the government enter your home if it is signed by a judge,” said Michael Perloff, senior staff attorney at ACLU-D.C. “Police officers throughout the country comply with this rule. ICE should not, and legally cannot, create its own special exemption from the Constitution.”
For more information visit: protectdemocracy.org/work/home-entry-memo/
Stay Informed
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.