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When May ICE Agents Enter Residences or Private Premises to Make Arrests?

Posted on July 18, 2019 by pogowasright.org

Dan Cadman writes:

An interesting question has arisen in the context of the much-ballyhooed recent Immigration and Customs Enforcement (ICE) enforcement operations to apprehend alien fugitives: when can ICE agents enter private premises to effect an arrest?

[…]

Here’s a short primer on the “rules of engagement”:

In the course of their duties, ICE agents are entitled to take an alien into custody with or without a warrant—see 8 U.S.C. Sections 1226 and 1357.

In civil removal, the phrase “with a warrant” generally means either a Warrant for Arrest of Alien, form I-200, which is used to initiate deportation or exclusion proceedings; or a Warrant of Removal, form I-205, which is issued after a final order of removal is ordered by an IJ. It is this latter form I-205, the Warrant of Removal, that is most relevant to the enforcement operations that have engendered such a firestorm among activists.

Read more on the Center for Immigration Studies.

via FourthAmendment.com

Category: Laws

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